By Whipaphat S. Trossel
In Thailand, cannabis is legal for personal use in private areas but prohibited in public areas. Recreational use of cannabis has been decriminalized since 2022. Since legalization, over 1.1 million Thai people have registered for licenses to grow cannabis and the Department of Thai Traditional and Alternative Medicine (DTTAM) has issued over 12,000 cannabis dispensary licenses.
Newly drafted legislation introduced by the Thai government in January 2024, however, was aimed at amending existing cannabis laws to prohibit its recreational use, following the proliferation of cannabis stores across the country subsequent to decriminalization. The proposed legislation strictly limits cannabis use to medical purposes, explicitly barring recreational consumption. Furthermore, the draft bill outlines that authorized stores may only sell cannabis plant parts permitted by law, potentially excluding flowers due to their THC content.
Given the significant number of licenses issued for cannabis cultivation and dispensing, we want to dive into the landscape of the development of novel medical cannabis formulations, extraction methods, so that researchers, entrepreneurs, and investors, can navigate the changing legal landscape and adapt their strategies accordingly.
Medical Cannabis (MC)
Cannabis has a long history of traditional medicinal use in Thailand, dating back centuries. Known locally as “ganja” or “kancha”. The plant was traditionally used in various forms, including herbal remedies, teas, and balms, to treat a range of ailments such as pain, inflammation, and digestive issues.
According to the US National Center for Biotechnology Information, there is no agreed definition of medicinal cannabis. The term is used to refer to the therapeutic use of herbal cannabis and its constituents. The cannabis plant comprises over a hundred various compounds, referred to as cannabinoids. Among these, the primary compounds utilized in medicine are delta-9-tetrahydrocannabinol (THC) and cannabidiol (CBD). THC is psychoactive and responsible for the “high” associated with cannabis use, while CBD is non-psychoactive and is often associated with potential therapeutic benefits such as pain relief and anxiety reduction.
Cannabis Terpenes
Patent Trends in Thailand
The global market for medical cannabis was valued at approximately $13.4 billion USD and is projected to achieve a valuation of $66.3 billion USD by 2025, representing a compound annual growth rate (CAGR) of 22.9% from 2019 to 2025. With the growing demand for medical cannabis in Thailand and its significant economic and financial implications, the role of patent landscape within this industry is gaining prominence.
Our aim is to provide a concise overview of patent filing trends in the cannabis industry using the online database of the Thai Department of Intellectual Property, focusing on key keywords such as upstream technology, harvesting, and extraction methods. Up to 22 February 2024, approximately 50 patents/patent applications/petty patents/petty patent applications were found; however, we have selected seven inventions to be disclosed in this article as follows:
During the examination phase, pharmaceutical patent applications often face a notable challenge as the decision-making process of the Thai Patent Office regarding the patentability of different claim types frequently undergoes revisions. This issue is particularly pronounced in cases governed by Section 9(4) of the Thai Patent Act, which prohibits the patentability of methods for diagnosing, treating, or curing human or animal diseases.
In practice, the Examiner may determine “a method for diagnosing, treating or curing human or animal diseases” to cover any act with the effect of diagnosing, treating, inhibiting, suppressing, reducing, generating or treating illnesses or abnormal conditions in humans or animals. The Examiner may object to a claim that refers to such acts, explicitly or implicitly, on the grounds that it is not patentable under Section 9(4).
If the use is not found to be related to the treatment of human or animal diseases, then it shall be subjected to the general principle of patentability where the invention must be novel, inventive, and industrially applicable. Therefore, the specifications must support the claims by providing information on “how to use compound X,” (e.g., the formulation/composition and the manufacturing method must be provided).
Additionally, the phrase “for the manufacture of a medicament” in a Swiss-type claim would require that the manufacturing process or the composition or the medicament must be different when compared to the prior art. If the manufacturing process/composition/medicament is different to prior art, then the claims should be drafted so that they are directed to identifying such new manufacturing process / composition / medicament, rather than wording the claim according to a Swiss-type format.
Having reviewed the current trend of patent filings related to cannabis in Thailand through the Department of Intellectual Property (DIP) database, it becomes evident that upstream technologies play a pivotal role, distinguishing them from traditional pharmaceutical intellectual property domains. These technologies primarily revolve around agricultural innovation, emphasizing the selection of cannabis strains and the development of efficient cultivation methods. Before any cannabis product can be explored as a potential medical candidate, meticulous strain selection and cultivation practices are imperative. Companies that can consistently produce high-quality cannabis harvests, with predictable yields and cannabinoid content, gain a competitive edge in the industry. Consequently, safeguarding these beneficial applied research efforts through registered intellectual property rights becomes essential for maintaining market advantage and fostering innovation in Thailand’s evolving medical cannabis sector.
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