Healthcare & Medical Devices

Cannabis Patents and Trademarks

The U.S. Food and Drug Administration held its first public hearing in 2019 on cannabis regulation. This was due to the popularity of cannabis-derived substances, such as cannabidiol. The 2018 Farm Bill removed hemp from the list of controlled substances, opening up new opportunities for businesses in the hemp-derived products and hemp industry.

The regulatory and business landscape for cannabis are dynamic and constantly changing. Several acquisitions have involved cannabis patent portfolios. Cannabis is rapidly becoming an industry in which cutting-edge biotechnology and informatics are driving competition. Already, the race for intellectual property in cannabis is underway. This will only get more intense as federally-approved pathways and regulations mature.

PatentPC has extensive experience in patent portfolio development, trademarks, and trade dress protection in the pharmaceuticals and biotechnology areas. The firm has the expertise to help innovators in the cannabis sector develop and protect IP for their products and brands. It assists innovators at all stages, from large pharmaceutical companies to start-ups. No matter your size or stage of development, our IP professionals will help you build robust and defendable patent and trademark portfolios that generate substantial shareholder value.

Our services are available to cannabis companies across all aspects of intellectual property.

  • We prepare and prosecute patent applications before the U.S. Patent Office and foreign patent offices.
  • We also prepare and prosecute trademarks both domestically and internationally.
    • Important to remember is that trademark registrations by the U.S. Patent & Trademark Office have been resisted for products and services without a legal use of the mark in commerce. There are currently limitations to the availability of trademark protection on cannabis brands.
    • Registration of copyright for logos and marketing materials is a good way to protect brand-related materials. Sterne Kessler can assist with registration.
  • We take the lead in patent office litigation when patent validity is under question. This is done in post-grant proceedings before Patent Trial and Appeal Board (“PTAB”)
  • We represent disputes arising from patent or trade secret litigation before the U.S. International Trade Commission (“ITC”).
  • We represent brands in disputes involving trademarks, trade dress, or other aspects of brand security.
  • We offer counseling and freedom of expression opinions for those involved in collaboration, licensing, or commercializing innovations.
  • We also conduct IP due diligence to assist our clients who invest in promising technologies or make acquisitions.

Disclaimer: It is a federal crime to possess, use, distribute, or sell marijuana. This content is not meant to be legal advice. It does not suggest that marijuana or marijuana use are legal in federal law.