hoodia000

This is an interesting question that we are sure will be decided in court one day. Here is our take on the situation - Phytopharm clearly owns the patent on the extraction of the P57 molecule. If you want to try to make a diet drug with P57 you need to work through Phytopharm.

The question of the Hoodia Gordonii plant itself being patented is much more complicated. It is our belief that you can not patent a plant, but you can patent the use of plants and a process to extract plants. Here is an exact quote from Richard Dixey, CEO of Phytopharm when he appeared on 60 minutes…

“The patent is on the application of the plant as a weight-loss material. And, of course, the active compounds within the plant. It’s not on the plant itself,” says Dixey.

So no one else can use hoodia for weight loss? “As a weight-management product without infringing the patent, that’s correct,” says Dixey.

The way we read this (and again we are not lawyers and are not giving any legal advice) is as follows - you can sell a Hoodia Gordonii supplement, you just can NOT say it is for weight loss. This is why many of the best Hoodia supplements have very plain labels that just say “Hoodia Gordonii” but do not say anything about using it as a weight loss or appetite suppressant supplement.

Do I have to wait until 2008 to try Hoodia?

No. Unilever is a huge company that goes through a very lengthy process before it brings any new food supplements to the market. In addition, Phytopharm is busy stockpiling Hoodia Gordonii from the Kalahari Desert so they will have enough supply to meet Unilever’s demands and this will take a few years of growing hoodia.

Currently, you can buy hoodia gordonii from numerous companies that have no affiliation with Phytopharm. As long as they do not advertise P57 or state they are selling the hoodia for weight loss applications, they appear to be clear of the Phytopharm patent. We do believe Phytopharm will bring a number of lawsuits to test how wide their patent will be interpreted.

So, between now and 2008 you have a wide open hoodia market. The media has created a great deal of hype about the hoodia plant, but the biggest player in the hoodia game - Phytopharm - will be on the sidelines until about 2008. In a later article we will give tips on finding quality hoodia supplements, but first let’s review the science behind Hoodia…

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