Analysis

4 Burning Legal Questions About Cannabis Patents

Law360 (November 4, 2019, 5:59 PM EST) -- Cannabis-related companies are increasingly seeking patents to cover their products, yet there is considerable uncertainty and risk involved in obtaining and enforcing those patents. Here's a look at some of the unanswered patent law questions in this emerging field.

Can Cannabis Patents Be Enforced?

The U.S. Patent and Trademark Office has issued hundreds of patents related to cannabis in recent years, so the drug's classification by the federal government as a Schedule I controlled substance has not been a hindrance to obtaining patents to date. Yet it's less clear how federal courts will treat patent suits over a product the U.S....

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