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Seven patents protecting eleven products to treat arthritis, psoriasis and other disorders

Obtaining patent protection of inventions which are similar to products from the pharmaceutical industry requires specialist knowledge and comprehensive clinical testing.

Danish medico company CS Medica has developed a gel for arthritis, psoriasis and wounds that reduces itching and inflammation.

CS Medica is owned by two sisters, Lone and Gitte Henriksen, and they are embarking on the long and complex journey of marketing their invention, which is based on cannabinoids or CDB, an active ingredient extracted from the hemp plant which has analgesic, healing and anti-inflammatory properties – but does not induce euphoria.

“Our goal was to develop over-the-counter products that have no side effects – as opposed to the prescription-only products you get from your doctor to treat disorders such as arthritis and psoriasis. And of course, our products can be used without inducing euphoria,” explains CEO Lone Henriksen.

Valuable advice

So far, the efforts to market the invention have resulted in the company taking out seven patents in rapid succession in less than two years. Thus, the company currently has patent applications pending for cannabinoid products for arthritis, psoriasis, wound healing, dyssomnia, hay fever, hair regrowth, etc. However, it would be fair to say that the road has been strewn with obstacles.

The fact is that when you want to develop products to treat medical disorders, you are subject to pharmaceutical legislation, which stipulates a large number of tests and clinical trials to demonstrate product efficacy, and your product must be registered with the Danish Medicines Agency before you are even allowed to sell your products. However, one thing is to spend years developing and documenting the efficacy of a product, it is quite another to provide extensive documentation that the product is novel, is substantially dissimilar to any pre-existing products and has industrial applicability. This is what the Henriksen sisters must do in order to obtain patent protection of their invention.

“So, after having focused on disorders for years, we now have to focus on being unique. Really, we’ve had to adjust our perspective completely in order to ensure that our original idea is properly protected and that our development efforts won’t be wasted,” says Lone Henriksen.

In this respect, Patrade’s knowledge and expertise have been valuable to CS Medica, not only in terms of protecting the invention itself, but also deciding on the experiments required to make the patent as complete as possible and demonstrate that the Henriksen sisters were the inventers of the product. With such decisive action, they will have made it as difficult as possible for a third party to exploit their original idea for purposes other than those which they have managed to document so far.

Strong position

As opposed to what many people might think, having patent protection does not mean that you have a right.

The only right you have is the right to prevent third parties from exploiting your invention – i.e. right of exclusivity. A patent also provides freedom of action by ensuring that a company is not limited by the rights of third parties. This is key, because it means that the company has a market to operate in.

“With seven patent applications pending, we hold a strong position in the growing European market for these products, but we’re also well on our way to gaining a foothold in markets outside Europe, not least because we can reassure our distributors that there’ll be no competing distributors or products on the market,” says Lone Henriksen, who strongly recommends thinking about patents already at the product development stage.

“If, from the very moment you conceive an idea, you think about the clinical trials and tests required to obtain patent protection later on, you avoid the expense of having to duplicate your work. We began by carrying out the tests and trials needed for the technical description. And then we had to carry out additional trials to ensure optimum patent efficiency. But the advice we received in connection with the supplementary studies were crucial in obtaining the patents. It would have been impossible for us to achieve this on our own, because the area is so complex,” she says.

Reliable advice

A successful process requires insight and mutual understanding from both parties. The consultant needs to understand the company’s products, and the company needs to understand the patenting process.

“We’ve enjoyed collaborating with Patrade; it’s been very productive and we’ve always felt we could ask questions if there was something we didn’t understand. We’ve received reliable advice and it’s clear that Patrade’s experts invested a lot of time in getting a proper understanding of our products,” says Lone Henriksen, emphasising that Patrade’s global network was crucial when it came to trademark registration.

“In Japan, we needed a local representative to handle the patent office hearing required to have our trademark registered. Thanks to Patrade’s network, we obtained the trademark registration without further ado. It goes without saying that this is really important,” says Lone Henriksen.

 

“Supported by our seven patent applications, we hold a strong position in the growing European market.”
Lone Henriksen

Lone Henriksen

CEO, CS Medica

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