Patent of cannabidiol diluted in oil may represent limitations to the commercialization of similar inventions
Learn about the INPI’s concession of the patent and its impacts to other developers
Patent BR 112018005423-2 for “oral pharmaceutical composition involving cannabinoid, its preparation process, and its use” was granted by the Brazilian Patent and Trademark Office (INPI) in June 2020. Ever since, the industry has feared the monopolization of the sector.
Requested in 2016, this patent is considered an umbrella patent, providing comprehensive protection that in this case would have the potential to cover most of the known uses of cannabidiol.
At the moment there are three nullity actions regarding the patent that are awaiting analysis by the INPI. These applications address the patentability requirements, specifically in relation to novelty, inventive activity and industrial applicability. Considering that failure to comply with only one of the three requirements would already lead to the nullity of the patent, the industry is now waiting for a position from INPI regarding the allegations.
A patent is an exclusive right of exploitation for a limited period conferred to the owner over inventions or utility models. As a rule, the first type is effective for 20 years and the second for 15 years, both counting from the date of the patent application.
For further information, contact Mattos Filho’s
Intellectual Property practice area.