The national pharmaceutical Prati-Donaduzzi may lose the patent for CBD oil (cannabidiol), won in February. On Tuesday (6), Inpe (Industrial Property Institute) recommended the document to be null and void. Published in the agency’s magazine, the opinion is a response to the administrative proceedings filed against the patent (BR-112018005423-2) of the aforementioned company in partnership with the University of São Paulo.
In December, three internal administrative proceedings were filed against Prati’s patent. The first, on the 18th, by deputy Paulo Teixeira (PT-SP) and Antônio Luiz Marchioni, Father Ticão, from the São Francisco de Assis Parish – who died in January. Community leader in the East Zone of São Paulo, the parish priest gained notoriety for organizing courses on Cannabis with the help of professors at the Federal University of São Paulo. The deputy is chairman of the Special Commission on Medicinal Cannabis in the Chamber of Deputies.
On December 23, Herbarium Laboratório Botânico filed the second application for nullity and the lawyer specialized in intellectual law Letícia Provedel, with the third. Activists, doctors and lawmakers from Cannabis did not understand how an oil extracted from a herbal medicine could be the subject of a patent. What would be the jump of the cat in this process of extraction considered simple by the specialists?
“Prati intends to monopolize the production and distribution of cannabidiol in the national market,” says psychiatrist Eliane Nunes, director of SBEC (Brazilian Society for the Study of Cannabis Sativa). “The process of extracting oil from the plant is simple. That is why many housewives, mothers of patients, manage to produce it by hand from the flower of the Cannabis”, Says Nunes, who has the project Mothers Gardeners, which teaches the planting techniques of Cannabis medicinal.
In parallel, the Ministry of Health is analyzing the possibility of incorporating CBD alone in a concentration of 200 mg / ml from Prati, indicated for the control of refractory epilepsy (R $ 2.5 thousand, the 30 ml glass). A movement that was previously questioned by the deputies involved in PL 399/2015, which regulates the cultivation and trade of Cannabis rapporteur Luciano Ducci (PSB-PR) and Paulo Teixeira. The company from Paraná is the only one with health registration from Anvisa (National Surveillance Agency), which allows the product to be marketed on the national market. In the USA, a glass of CBD oil ranges from $ 40 to $ 100.
According to her, “the patent prevents similar products from being developed in Brazil, for example, by Farmácias Vivas. As the government intends to place the CBD in the SUS, it would be restricted to Prati ”The parties involved in the nullity process have 60 days to comment.