It may come as a surprise to some that it is possible to obtain a patent for a cannabinoid formulation.  In fact, as long as a patent application meets other requirements for patentability, it is possible to obtain a patent for a wide range of formulations of cannabis compounds.  

In order to obtain patent protection, the application for a cannabinoid formulation should meet the requirements of the applicable patent laws, which specify the general field of subject matter that can be patented and the conditions under which a patent may be obtained.  Specifically, any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent.”

Patents for formulations containing cannabinoids such as Cannabidiol (CBD) have existed for some time.  Examples include US Patent No. 6,946,150, which relates to “[pharmaceutical] formulations containing cannabinoids for administration via a pump action spray,” and US Patent No. 8,808,734 relating to “stable, fast-acting liposomal and micelle formulations of cannabinoids that are suitable for pharmaceutical and nutraceutical applications.”

Some commentators have speculated that in the near future there will be growing interest among consumers towards manufactured cannabis-based oils, edibles, pills, and other formulations, designed to target the specific needs and tastes of consumers. These products are chemically formulated to contain desirable ratios of cannabinoids and other components.  For example, many concoctions contain aromatic compounds called terpenes, which serve to provide a distinct character to the effects of each formulation.

Businesses developing cannabinoid formulations, including CBD businesses, should consult with patent attorneys and agents to protect intellectual property related to their products.  Contact the patent team at Tracy Jong Law Firm today!