Patent law is a dense subject, but it’s important to understand as cannabis becomes increasingly commercial — and concerns rise that large corporations could claim swatches of the plant as their own.
Applications for trademarks were quickly filed.
What Is a Cannabis Patent?
Cannabis patents currently exist in a still-clouded regulatory atmosphere thanks to federal prohibition, but it’s still possible to receive one — and the cannabis industry is certainly rising to the challenge to secure their own rights to continue cultivating strains that have long been part of the genetic and intellectual commons.
“Nobody has the right to patent the Garden of Eden,” says Whiting. “No one owns nature. The rest is just courtroom bullsh*t.”
For example, “you can’t say you’ve done all the work necessary to establish use of cannabis for headaches,” Jerry Whiting of Seattle-based LeBlanc CNE, which develops and markets CBD products, told Cannabis Now. “That’s not worthy of government protection. These patents are unenforceable in most cases, but nobody can afford the lawyers to go after them.”
A review of the USPTO files for recently issued cannabis extraction and purification patents reveals the following trends in examination and gives insight into this rapidly expanding area of cannabis IP:
extracting Δ9-THC carboxylic acid from cannabis flowers using heptane to obtain a heptane extract;
adding ethanol to dried and ground cannabis plant material to form an initial mixture;
separating the Δ9-THC carboxylic acid from the heptane extract using sodium chloride water and then adjusting the pH to a pH range of 13.2 to 13.4 using magnesium chloride;
Alcohol Extraction, Distillation and Crystallization
Vancouver, British Columbia–(Newsfile Corp. – January 18, 2021) – Nextleaf Solutions Ltd. (CSE: OILS) (OTCQB: OILFF) (“Nextleaf“, “OILS“, or the “Company“), the world’s most innovative cannabis extractor, announced today that the Canadian Intellectual Property Office has granted the Company a patent for the acetylation of cannabinoids. More specifically, the patent covers a process for acetylating cannabidiol (“CBD”), and subsequent refinement of CBD-O-Acetate using a proprietary extraction and distillation technique.
On behalf of the Board of Directors of the Company,
Nextleaf has engaged Kronos Capital Partners Inc. (“Kronos”) to pursue and evaluate global strategic partners and investors. Kronos is a strategic advisor and an active investor in the global cannabis and life science sectors.
The Company owns 12 issued U.S. patents and 70 issued patents globally for the extraction, purification, and delivery of cannabinoids – representing the 2nd largest patent portfolio among all cannabis companies.