CannabIP: U.S. Patent No. 10,376,551 B2

Cannabis IP patent
Source: U.S. Patent No. 10,376,551 B2, August 13, 2019, to Ross Franklin, Ed Rosenthal, & Rachel Franklin (inventors); ERS Holdings LLC (applicant); Pivot Naturals, LLC (assignee)

U.S. Patent No. 10,376,551 B2 (‘551) issued on August 13, 2019, for “Method for Conducing Concentrated Cannabis Oil to be Stable, Emulsifiable and Flavorlesss for Use in Hot Beverages and Resulting Powderized Cannabis Oil.”  It was issued to inventors Ross Franklin of Rancho Cucamonga, California, Ed Rosenthal of Oakland, California, and Rachel Franklin of Rancho Cucamonga, California.  The applicant is ERS Holdings, LLC of Piedmont, California, and the assignee is Pivot Naturals, LLC of Anaheim, California.  The ‘551 specification discloses several problems known in the art for which the claimed invention would solve, including an easier procedure to provide a standardized dosage of tetrahydrocannabinol (THC) and cannabidiol (CBD) for medical purposes, reducing the off-putting flavor of cannabis oil, and providing an easier way to consume cannabis rather than through smoking.  The ‘551 claims are directed to the powderized composition consisting essentially of decarboxylated cannabis oil and maltodextrin, with further limitations for a 3 g:0.5 g ratio of maltodextrin/cannabis oil, extractions from the C. sativa species, and several limitations as to specific vitamins and pharmaceutical compositions.

The Cooperative Patent Classifications are A61K (preparations for medical, dental, or toilet purposes, namely, (36/00); medicinal preparations of undetermined constitution containing material from algae, lichens, fungi or plants, e.g., traditional herbal medicines, like magnoliopsida (36/185); medicinal preparations characterized by non-active ingredients, e.g., carriers or inert additives)); A21D (treatment, e.g., preservation of flour or dough, e.g., by addition of materials, baking, bakery products, and preservations thereof, namely, by adding organic substances, e.g., hydrocarbons (2/10), triglycerides (2/165), products with modified nutritive value, with modified fat content (13/068), pancakes or crepes (13/44), and pastry not otherwise provided elsewhere (13/80)); A23D (edible oils or fats, e.g., margarines, shortenings, cooking oils, namely, characterized by ingredients other than compositions other than spreads (7/0053), other edible oils or fats, characterized by ingredients other than fatty acid triglycerides (9/007) and free-flowing pieces (9/05)).

ERS Holdings is the company with several patents in its portfolio directed to the infused cannabis product and composition.  Pivot, the assignee and Vancouver-based publicly-held cannabis pharmaceutical company, recently completed an acquisition of ERS in 2018.  With many cannabis pharmaceutical companies now public, enabling large resources available for target mergers and acquisition.  This means the need for patent procurement is essential for smaller cannabis research companies which can be an attractive inducement for acquisition by these larger companies.  Please contact Yonaxis for more information or if you have any questions.