There are reasons not to do a patent - it's not the be-all and end-all.
With a patent, you have to tell the world exactly what your process is. Maybe AC8 thought that was strategically not a good move - why let the world know your IP a year or more before you have a product for release. Particularly if they feel its a complicated process to copy.
Also, patent claims are particular - meaning it's typically not that difficult to legally design a similar product. That's why you see so many great new products (produced by large corporations with deep pockets) knocked off and released by competitors. Hard pills aren't exactly uncommon in pharma land.
I'm invested in another company at the moment that is choosing not to patent an industrial feedstock that they are using to create Aluminum (science). Their view is its better not to patent as that would make it much easier for competitors to know their process. A method that has taken them 10 years to work out.
The whole notion that Auscann/Canopy have somehow dropped the ball here is pretty far fetched IMO. Sure there is a chance, but it's up there with the great big hard cap hoax of mid-September 2019. Maybe it's worth an email to Auscann "Hey does anyone know where our patent went? didn't we have one of those?"
Patents can be a valuable tool - but they are by no means a guarantee that you won't face fierce direct competition.
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