Cannabis sativa derivatives patenting strategy for ANVISA's previous annuity

• Autor(a) principal: de Oliveira, Ana Claudia Dias
• Data de Publicação: 2020
• Outros Autores: Nogueira, Marcelo, Reis, Simone Milezi de Miranda
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Fitos
• Texto Completo: https://revistafitos.far.fiocruz.br/index.php/revista-fitos/article/view/855
• topic: Cannabis. Patent. Brazilian Health Regulatory Agency. Brazilian National Institute of Industrial Property.; Cannabis. Patente. Agência Nacional de Vigilância Sanitária. Instituto Nacional da Propriedade Industrial.

The use of Cannabis sativa medicinally has increased every year, mainly for the ability to provide immediate relief of symptoms of health problems, such as seizures, depression and insomnia. The potential of phytocannabinoids of the species for regulation of mental and physical health has been proven through studies published in scientific articles and through patents. The aim of this paper is to present patenting strategies for phytocannabinoids products and processes to obtain prior approval of patent applications by the Brazilian Health Regulatory Agency (ANVISA) and further examination by Brazilian National Institute of Industrial Property (INPI). The search was performed in the INPI database, using the keywords Cannabis and phytocannabinoids. The applications filed with the INPI and sent to ANVISA for prior approval from January 2018 to July 2019 were screened. There were 87 documents, of which only 5 applications were submitted for analysis by ANVISA. It has been demonstrated that the technologies applied for are entering the public domain through the non-acceptance of ANVISA and consequent final filing of patent applications by INPI, which can lead to loss of information and market opportunities.