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November 19, 2020

ANVISA decides that a patent application related to pharmaceutical use of cannabinoids is not to be deemed as against public health

On November 17th, 2020, ANVISA’s Board of Directors (BoD) unanimously granted an administrative appeal for reassessment of prior consent of a patent application for an invention covering several cannabinoids (including THC) for pain treatment. The BoD considered that mere use of cannabinoids within the invention is not to be deemed as a threat to public health.
 
ANVISA’s BoD unanimously granted the administrative appeal and ordered COOPI to reassess the case. Rapporteur Director Antonio Barra Torres understood that denying prior consent only because an invention comprises the use of cannabinoids disregards relevant legal and sanitary aspects that should be taken into account. Director Alessandra Bastos Soares also noted that ANVISA’s Intellectual Property Coordination Office (COOPI) must take note of what has been decided by BoD on the subject, which is of great importance.
 
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