In a recent post on this topic, we discussed how the slowly changing position toward cannabis-based products in Brazil, with the background of growing investment in the medicinal benefits of marijuana and other narcotic substances.
But what is the current position in terms of patents for such substances?
The company Prati-Donaduzzi was the first Brazilian entity authorized by ANVISA to sell CBD products in pharmacies. The company produces a cannabidiol-based drug (CBD) diluted in corn oil, used to control anxiety attacks and epilepsy, for which it originally filed a patent in September 2016.
The Brazilian PTO granted the patent in June 2020.
On March 31, a technical opinion by the Brazilian PTO requested the annulment of the patent on the grounds that the substance cannot be considered an inventive step (in fact, the opinion states that studies published in 1993 and 2015 already mentioned a CBD compound with corn oil).
These new developments came after different stakeholders entered administrative challenges in favor of annulment before the national office. The technical opinion is awaiting priority approval in the Brazilian PTO. Currently, the company still has 15 years to explore its patent.
Prati-Donaduzzi’s competitors are watching the case closely. The annulment of the company’s patent would further open up the market to the production CBD products to other companies.
We are continuing to monitor the developments on Cannabis-based products in Brazil and abroad. If you have any questions about this matter do not hesitate to get in touch with us here.