Cannabis through patents, adapting to global changing criteria

In the first stage of the 21st century, countries like Mexico and Canada continue opening their cannabis´s legal framework, and recently execute improvements to their laws and regulations.

For example, in June 2017 in Mexico, some amendments and new dispositions were published in the General Health Law, which allow for pharmacological, medical, and research use of cannabis and its derivatives in which THC is less than 1%.

Consequently, over time more and more cannabis products are available, it is clear that, patent protection is growing. Therefore, it is a good moment to show some valuable data about Cannabis (marihuana, mariguana or marijuana) and patents in Mexico and around the World. 

"In the last 10 years, more than four thousand cannabis patent applications have been filed worldwide"

In the last 10 years, more than four thousand cannabis patent applications have been filed worldwide*. Additionally, more than 40% of these patents were filed in the last three years.

In the top 5 offices with more Cannabis patent filing are are China (36%), United States (24%), the European Patent Office (6%), Australia (4%) and India(3%), which show where these inventions come from. Mexico is pretty near to 3%, and the rest is divided between other countries.

...medical preparations are the star technology area...

It is not a big surprise that medical preparations are the star technology area with more patent applications. In second place, we can find new chemical compounds, their processes and preparation. In third place is food and foodstuffs; field where many entrepreneurs are looking to connect and develop. However, this scope still has to work with many constraints in different countries in order to commercialize and produce these developments.

It will be interesting to analyze each subject with more detail in order to know how exactly cannabis inventions are working.

What about Mexico??

Mexico is moving to a new cannabis regulation and it is expected that soon will be approved the new law. In November 2018, a law initiative that intends to regulate the scientific, commercial, and personal use of marijuana (or cannabis) was introduced in The Senate Chamber.

Is Mexico ready for this commercial race?

But is Mexico ready for this commercial race? and how it is moving the patent protection to new inventions and developments around cannabis?

The patent filing is still advancing slowly. However, its numbers are expected to increase each year.

Pharma sector has the most patent applications in Mexico. Medical preparations and processes and chemical compounds are the main fields of cannabis patent in Mexico.

But in many other areas that have opportunities for growth, like food, foodstuffs, drinks, or beverages, among others — the growth rate is slow

Nevertheless, we can find patent applications at the IMPI in .... new oil cannabis compositions, inventions of microcapsules with cannabis, gums with THC and bee food based with THC and/or CBD.

Nevertheless, we can find patent applications at the IMPI (Industrial Property Mexican Institute) in other fields rather than just pharmacology, such as new oil cannabis compositions, inventions of microcapsules with cannabis, gums with THC and bee food based with THC and/or CBD.

It is a fact that the legal framework and market in Mexico are opening and only the well-positioned companies would take advantage. This means that they have to work on their intellectual Property rights as Patents, Trade Marks or New Varieties of Plants between other IP figures.

*The analysis does not include diagnostic use or test detection of marijuana and hemp developments.

Biblyography

• COFEPRIS and Secretaría de Salud (Health Ministry), «Cannabis: Control Sanitario de los Productos que contienen Cannabis y derivados de la misma» ( Cannabis:Sanitary control of products containing cannabis and derivatives thereof. Mexico City, 2018. In spanish
• Ley General de Salud (General Health Law). Mexico City. Last reform 2018. In spanish.
• O. Sanchez Cordero and R. Monreal Ávila, «Proyecto de Ley General para la regulación y control de Cannabis» (Draft General Law for the regulation and control of Cannabis) Senate Chamber, Mexico City, 2018. In spanish