Duane Morris partner Vincent Capuano was featured in “Making Your Mark & Protecting It” in the July issue of Marijuana Business Magazine. Vince discussed when it makes sense to seek a patent for your product.
Cannabis Wire discussed the Duane Morris webinar, Cannabis 202: IP Issues Facing the Cannabis Industry: Hot Topics in Patent, Trademark and Branding Protection and Enforcement.
The publication writes:
The 2018 Farm Bill, which legalized hemp in the U.S., has triggered an avalanche of applications for cannabis patents and trademarks.
Last Tuesday, Duane Morris, an international law firm headquartered in Philadelphia, hosted a webinar on intellectual property concerns as they relate to the cannabis industry. Early on, the presenters made two things clear: one, there is an unprecedented rush for cannabis patents, and two, how property rights in the industry will be divvied up remains up in the air. The lawyers presented a patent and trademark landscape that the industry needs to understand, but one in which the rules are very much in formation.
A video replay of the webinar “Cannabis 202: IP Issues Facing the Cannabis Industry: Hot Topics in Patent, Trademark and Branding Protection and Enforcement” is available to view.
Getting a patent for a cannabis product is no more difficult than getting a patent for any other kind of product. However, with a high number of cannabis patent applications being approved, it is likely that many will be challenged for invalidation in the coming years.
Already one of these patents has gone to court in the U.S. District Court for the District of Colorado. In United Cannabis v. Pure Hemp Collective, United Cannabis Corp. claims that Pure Hemp Collective Inc. used a cannabis extract that United Cannabis had a patent on. Pure Hemp filed a motion for partial summary judgment, arguing United Cannabis should not have had a patent on the extract because it was something that occurred naturally. In April, U.S. District Judge William Martinez found the strain was altered and would not have occurred naturally and denied the motion for partial summary judgment. The case is still pending..
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