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Intellectual Property Law

Oct 10, 2019

The USPTO Issues First Hemp Plant Variety Patent; Expect More to Come

Spare a thought for plant patents, which are often the forgotten children of the patent system.

While utility patents address “any new and useful process, machine, manufacture, or composition of matter . . . ” (e.g., the better mousetrap) and design patents address “any new, original and ornamental design for an article of manufacture . » Read More

Jun 27, 2019

The Cannabis Goldrush and the IP Landgrab: Trends in Cannabis Patenting

I was honored to be a panelist at the New York City Bar Association’s event “The Cannabis Goldrush and the IP Landgrab” this week.  The title of my presentation was “Trends in Cannabis Patenting.”  I began with examples of the three types of patent (utility, design, and plant) before moving onto the somewhat related Plant Variety Protection Act. » Read More

Feb 19, 2019

The Relationship Between FDA Regulations and Cannabis-Based Drug Patents

As already discussed in my earlier blog post here, patentability of cannabis-related inventions is well-settled, as the USPTO has been granting this type of patents for decades. As the FDA begins approving cannabis-based drug products, patent owners in this market space should pay careful attention to the interplay between FDA regulations and patents.» Read More