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Patent Law

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

Nov 30, 2018

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.» Read More

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