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thestreetlawyer

04/18/17 2:55 PM

#85417 RE: Traderbx #85416

theres an explanation up on the sticky board.
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mx10001

04/18/17 3:39 PM

#85431 RE: Traderbx #85416

Traderbx, as far as I've gathered (don't ask for links), OWC is following two tracts is distribuing the psoriasis cream. One track is following the FDA route starting with the announced study. The other route is simply selling it in stores that legally sell marijuana and all sorts of CBD infused topicals. They have discussed Europe, Canada and the 6 or so states that are legal in the U.S.

I could be off on some details, but I think that is the gist of it.
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skitahoe

04/18/17 3:41 PM

#85434 RE: Traderbx #85416

Medmar will be able to market the psoriasis cream in Green Cross stores before other FDA Trials begin, but the safety trial will have been concluded. I don't believe that you'll find that many, if any, of the products sold in Green Cross stores have been tested by the FDA beyond safety.

If you look at most of the creams sold in market and drug stores everywhere, they aren't approved by the FDA as cosmetics.

I certainly agree that it's confusing, but it's the approach the company has taken, and it's viable.

If the company said, we'll not market a product that's not FDA approved for efficacy, they couldn't do it without far more financial backing as such trials can cost hundreds of millions. Put the cream on the market and sales revenue can support further testing, and improvements.

The fact that they have patents pending doesn't mean they cannot improve on what's in the patent. In fact, they're the only ones who can improve on the patent without paying something to the originator of the patent, as they hold the patent, even if it hasn't yet been finalized.

I recently spoke with an attorney who's worked on patent litigation. The key is in submitting the patent application. If multiple patents were submitted for essentially the same idea, multiple patents might actually be granted, but if challenged, the only one that would be deemed valid is the one that was applied for first.

OWCP has applied for patents for the technology they've developed. It could be years before the patents are approved, but what counts is having the placeholder, the patent application. OWCP can certainly improve on their product, and submit new patents in doing so, but those patents build on the existing ones, even though they're not yet approved.

If someone else creates a cannabis based psoriasis cream, OWCP can challenge it based on their patent application. They may be able to put their product on the market, but they'll pay OWCP for the rights.

I doubt that a decade from now that every question will be answered, mainly because improvements on the products in development will continue. One sublingual tablet might spawn dozens of different sublingual tablet that each have slightly different formulations, and have patents that all build on the initial patent that's already been put in place. Much the same may be true of the cannabis based creams that are built on the psoriasis cream, but might be tweaked to be better for acne, eczema, etc. all based on the initial patent.

Gary