Cannabis and Patent Law: Lessons from a Canadian Cannabis Case Study
Katherine Minorini Cannabis is illegal under federal law in the United States, yet individual states have legalized it for both medicinal and recreational use. Additionally, the United States Patent and Trademark Office (USPTO) routinely issues patents for cannabis-related inventions despite the drug’s federal prohibition. As the prospect of federal legalization becomes more likely, patent protection will play a crucial role in the budding cannabis market. By evaluating Canada’s legal cannabis system, this Essay identifies lessons the United States can take from the Canadian legalization framework. Ultimately, this Essay asserts that the United States should take quick action and legalize cannabis...
Obtaining Marijuana Patents
Natali De Corso In the midst of a boom in the marijuana industry, marijuana breeders and companies have increasingly sought protection of their unique marijuana strains through patents. Their success, however, is limited given the fact that marijuana remains illegal under federal law and the United States Patent and Trademark Office has been reluctant to grant such patents. This article explores the current patentability of marijuana strains, discusses the difficulties marijuana breeders and companies face in patenting their product, and introduces successful marijuana-related patent applications. Read Full Text Here