British firm GW Pharmaceuticals (NASDAQ: GWPH) is licking its wounds after US judges tossed out its attempt to patent multiple cannabinoids for epilepsy treatment following an eight-year battle.
The US Patent Trial and Appeal Board, an administrative law body of the national patent office, denied patent US9066920B2 on January 3, siding with petitioner Insys, a rival biotech firm.
The patent, which has been embroiled in dispute since 2010, is for “the use of one or more cannabinoids in the treatment of epilepsy”. More particularly, to the use of one or a combination of cannabinoids, CBD oil, in the treatment of generalized or partial seizures.
The invention covers a method of treating partial seizure comprising administering cannabidiol (CBD), to a patient wherein the CBD is present in an amount which provides a daily dose of at least 400 mg.
Administrative patent judges Erica Franklin, Susan Mitchell, and Zhenyu Yang, said claims 1 and 2 were “unpatentable” under US law, however the remaining 11 claims that were challenged survived and remain valid, and potentially enforceable should GW decide to appeal.
GW declined to offer comment when contacted by Cannabis Law Report, and declined to confirm or deny it would appeal.