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Patentability of Cannabis-Related Inventions

The United States Patent and Trademark Office (USPTO) has been issuing cannabis-related utility patent applications for decades and applies the same legal standard when reviewing as it does to all other inventions. The validity and enforceability of these issued patents remains less clear. In July of this year, The United Cannabis Corporation (UCANN) filed a patent infringement action in federal court in Colorado against Pure Hemp Collective Inc. (United Cannabis Corp. v. Pure Hemp Collective Inc., Case No. 1:18-cv-01922-NYW (D.Colo)). The industry will be closely monitoring this case, as it may provide insight on how infringement actions involving cannabis-related patents will be handled by federal courts in the future. To learn more about patents and cannabis, and the details surrounding the suit, read our blog on Thinking About Patents.