Asked in Patents (Intellectual Property)

Q: Re Patent # 9675654: does this mean only GW can make a cannabis medicine for cancer? Where can I see the terms granted?

1 Lawyer Answer
Peter D. Mlynek
Peter D. Mlynek
Answered
  • Patents Lawyer
  • Moorestown, NJ

A: To answer your second question, as with all patents, the scope of protection is defined by the claims. In this case, there is only one claim:

1. A pharmaceutical product consisting essentially of (1) isolated CBD and temazolamide, (2) isolated THC and temazolamide, or (3) a combination of isolated CBD, isolated THC and temazolamide, wherein the pharmaceutical product is packaged for administration separately, simultaneously or sequentially.

With respect to your first question, I have good news for you. This patent does not claim any use of cannabis for treatment of cancer. Although I would have to spend lots of time (and lots of your money) to give you a definite answer what you can and cannot do, from just the claims it looks like this patent would not prevent you from using cannabis medicine to treat cancer.

What this patent claims instead is a pharmaceutical product, that consists of two drugs: either cannabidiol or tetrahydrocannabinol (or both); and Temodar. In many ways, this appears to be a fairly narrow claim which may be easy to get around, even if you would want to use Temodar in combination with cannabis. I suspect that more patents on this invention are on the way.

Good luck!

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