GW Pharma Ltd. & Otsuka Pharmaceutical Co., Ltd. Receives a Patent for Treatment of Cancer

GW Pharmaceuticals Ltd. and Otsuka Pharmaceutical Co., Ltd announced a major long term strategic cannabis alliance in 2007. An exclusive licence and development agreement was signed for Sativex® in the United Stated and the companies were in detailed discussions with a view to entering into a cannabinoid research collaboration in the field of Central Nervous System (CNS) disorders and cancer treatments to research, develop and commercialise a range of other early stage cannabinoid product opportunities.

In India, the Pharmaceutical businesses of both GW Pharmaceuticals Ltd. and Otsuka Pharmaceutical Co., Ltd are focused on Treatment of Fibrosis, Cancer, Epilepsy, Antipsychotic Medication, Treatment of Neural Degeneration and Neuropathic Pain.

GW Pharmaceuticals Ltd. and Otsuka Pharmaceutical Co., Ltd filed patent application numbered 8136/DELNP/2010 that is titled as CANNABINOIDS IN COMBINATION WITH NON-CANNABINOID CHEMOTHERAPEUTIC AGENTS (E.G.SERM OF ALKYLATING AGENTS). This patent application has been granted as Patent Number 292146.

The invention covers the field of chemical compounds. It involves a combination of the cannabinoids tetrahydrocannabinol (THC) and cannabidiol (CBC) in a ratio of from 5:1 to 1:5 together with a non-cannabinoid chemotherapeutic agent for use in treatment of brain tumor wherein the THC and/or CBD is present. 

During patent examination, the  patent examiner objected by saying that the given invention has absence of  improvement in therapeutic efficacy. These are mere mixtures.  

As a response to said objection, the technical advantage from the two previous product is brought out. It is argued that new product is better than mere combination of the two products. 

Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.

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