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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? 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).
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A patent for CO2 extraction of cannabis has been acquired by Canopy Growth Corporation ( TSX:WEED), but will small cannabis companies become potential targets? (1)