What is the outcome of this? Does Canopy win their patent suit, do they settle with them, or do they lose? What will make a huge impact on the industry and shake things up forever basically (chuckles) is, if they can enforce it. How do you foresee the impact this patent suit will have on the industry? (5) Rosy Mondin – The Boss CO2 extractor Canopy’s new war on cannabis AdamĪs an example, Brewing Research Foundation was granted a now-expired patent in 1980 to separate the essential oils (terpenoids and terpenes) from hops (a member of the cannabaceae family with cannabis) using CO2. They are just applying an existing invention to a plant that was illegal. So that’s also quite debatable… It was an obvious thing to use CO2 to extract non-polar compounds from plants. (4) Obvious scienceĬan you elaborate on the non-obvious status of the Canopy Growth patent? Phytopharm PLC’s former extraction techniques for non-cannabis plants, however, did not pertain to CO2 according to their early patents. (3) So, GW held the priority to CO2 extraction of cannabis before the 632 patent did in October, 2001. He later founded GW in 1998 and filed a patent on Februin Great Britain that detailed sub and supercritical CO2 extraction of cannabis. Geoffrey Guy previously founded Phytopharm PLC in 1989. So, any research before 2001 that detailed the isolation of THC with CO2 as a means of obtaining the cannabinoid might also further fault the patent.
If something was done in an illegal setting but communicated broadly on the internet does that mean it’s not novel, or is it novel? Adam This is such a pivotal case because of what’s going to be revealed. If there was public information about the process that people were doing in the black market, then that’s the real test. They do hold the first patent for this, so what will the black market cannabis sector mean for this patent suit? (2) Patents, not without noveltyĪdam is curious if the patent is novel, asking if Canopy Growth (or the patent’s original author) did invent CO2 extraction to extract cannabis. So, cannabis research has roots in underground culture deeper than a simple black market. The neurobiologist also had a laboratory hidden in her bedroom decades earlier that was deemed illegal due to her Jewish heritage during World War 2. She did, however, discover the false endo cannabinoid known as PEA in 1993. We do not know if Italian Nobel Prize Laureate, Rita Levi-Montalcini ever extracted cannabis in her lifetime.
The one’s in question are, was it novel and was it non-obvious? Adam It has to be novel, it has to non-obvious, involve an inventive step, and it must be useful. There are four things that are required for a patent to be enforceable. So, even if you are granted a patent on something that does not mean it is enforceable. He has interest in the suit’s outcome and what the black market means for cannabis patents.ĭo you see Canopy’s patent suit as viable considering the context of the patent? So, we spoke with Adam Temple, the CEO of Evolved Extraction Solutions. We were curious if there is any weight to Canopy’s new infringement allegations against GW Pharmaceuticals (GWPH).
Business Cannabis Legalization Cannabis News Featured Marijuana News Science Technology 295 viewsĪ patent for CO2 extraction of cannabis has been acquired by Canopy Growth Corporation ( TSX:WEED), but will small cannabis companies become potential targets? (1)
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