Intellectual Property and Patents: Molecules vs. Strains in Medical Cannabis

In the pharmaceutical industry, intellectual property (IP) is one of the most powerful tools for protecting innovation, securing investment, and scaling commercial success. However, when it comes to medical cannabis, the rules of the game are far less clear, especially in regions like Europe and Israel, where the cannabis industry is advancing rapidly, but often without the same IP protection enjoyed by traditional drug developers.

Pharma’s Advantage: Patentable Molecules and Methods

Pharmaceutical companies typically operate in an IP-rich environment:

• New chemical entities (NCEs) can be patented for 20 years or more.

• Patents encompass a wide range of topics, including molecular structures, formulations, delivery methods, and manufacturing processes.

• This protection enables companies to invest heavily in R&D, knowing they’ll have a window of market exclusivity.

The European Patent Office (EPO) enforces strict criteria for novelty, inventiveness, and industrial applicability in Europe. Similar protections are in place under the Israeli Patent Office, which is closely aligned with international standards.

Medical Cannabis: The IP Challenge

For the medical cannabis industry, IP protection is far more complicated — and often limited.

Here’s why:

• Natural plant varieties (e.g., cannabis strains) are typically not patentable in their raw form.

• While companies can trademark strain names, this doesn’t prevent competitors from producing a similar chemical profile under a different name.

• Many cannabinoids (like THC and CBD) are naturally occurring, making them harder to patent unless synthetically modified or used in a novel formulation.

This means that much of the cannabis innovation, particularly in cultivation, breeding, and extraction, is not adequately protected under current intellectual property (IP) frameworks.

What Can Be Protected in Cannabis?

Despite the limitations, there are still IP strategies in play:

• Utility patents on delivery systems (e.g., inhalers, capsules, transdermal patches)

• Processes for extraction or formulation

• Synthetic cannabinoids with modified molecular structures

• Medical indications for specific formulations (e.g., a CBD blend for epilepsy)

In Israel, companies have taken advantage of the country’s strong IP system to file patents on specific cannabinoid combinations, pharmaceutical compositions, and drug delivery mechanisms, contributing to Israel’s reputation as a cannabis R&D powerhouse.

The Future: Pharma-Cannabis Convergence?

As cannabis companies grow more sophisticated — and as Big Pharma enters the space — we’re seeing a move toward pharma-style IP strategies. Synthetic cannabinoids, biotech-style delivery platforms, and data-driven formulations offer new opportunities for protection and exclusivity.

Still, for companies relying purely on plant-based products, the IP landscape remains challenging, especially compared to the robust protections available in conventional drug development.

Until global regulation catches up, medical cannabis will likely remain innovative but exposed, competing on branding, quality, and speed rather than proprietary exclusivity.