fbtTECH Blog

Are you innovating with cannabis? Patent protection might help you secure a foothold in your industry.

CBD oil vial and dropper

A decision this month by the U.S. Patent Trial and Appeal Board (PTAB) delivered a mixed bag for the owners of a patent, which claimed methods of treating seizures using cannabidiol (CBD).

While claims to a method of using CBD to treat seizures at certain doses were rejected as obvious, patent claims to a combination of CBD and another active, tetrahydrocannabivarin (THCV), were upheld.

The PTAB held that prior teachings regarding the use of CBD to treat seizures at 200-300 milligrams per day rendered obvious claims to methods of treating seizures with at least 400 milligrams per day. In contrast, there were no teachings prior to the patent’s filing that the combination of CBD and THCV could be effective at treating seizures. Accordingly, the claims to using the combination of CBD and THCV for treating seizures were deemed non-obvious and upheld as patentable.

If you’re an innovator in the cannabis industry, protecting your inventions using patents may offer security as you grow and invest in your business. On the flip side, before making an investment, you may want to ask: Is there a patent standing in my way? By considering your patent options, you’re less likely to miss out on the opportunity to duly profit from your innovations. By seeking guidance on patented cannabis or CBD treatments, compositions, and delivery mechanisms, you’re less likely to be stopped in your tracks – or worse, sued for patent infringement – only after investing substantial funds.

For more information on patent protection for cannabis innovation, contact Nicole Tepe of Frost Brown Todd’s Intellectual Property Law and Litigation Practice or the firm’s technology industry team, fbtTECH.

Ask the Blogger

Do you have a topic that you would like discussed in a future blog article? Please let us know. If you have a confidential question regarding a blog article, please feel free to contact the article's author directly, or let us know if you would like for someone to contact you directly.

Attorney Spotlight

Matthew D. Delaney focuses on drafting and prosecuting patent applications in the electrical and mechanical fields, as well as providing strategic patent counseling and IP due-diligence advice to clients.