Brazilian PTO annuls patent for CBD based drug

by | Aug 31, 2021 | Blog, Cannabis, Cannabis, Intellectual Property, IP Prosecution & Counseling, Life Sciences

In a decision published on 27 July, the Brazilian PTO annulled the patent for the drug Myalo, a CBD based medicine marketed by the company Prati-Donaduzzi.

As discussed in our previous article on the subject of Patents for Cannabis Products in Brazil, Prati-Donaduzzi was the first entity authorized by the Brazilian health regulator ANVISA to sell CBD products in Brazilian pharmacies.

The product is cannabidiol-based drug (CBD) diluted in corn oil, used to control anxiety attacks and epilepsy, for which the company originally filed a patent in September 2016. The Brazilian PTO granted the patent in June 2020.

The BPTO decision came after a technical opinion within the authority 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).

This development opens the market to competitors in the production of CBD products in the Brazilian market.

Before the decision, which may still be appealed in the courts, Prati-Donaduzzi still had until 2036 to explore the patent.

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.

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