IP's Developing Role In Cannabis Business Strategy

Law360 (June 11, 2019, 3:47 PM EDT) -- Rapidly growing interest in therapies and consumer products that include cannabis-derived compounds, including cannabidiol, recently spurred the U.S. Food and Drug Administration to hold its first public hearing on cannabis regulation in May. The FDA’s hearing comes in the wake of the 2018 Farm Bill, which declassified “hemp” as a controlled substance. While the contours of what is now federally legal under the Farm Bill continue to evolve, the arms race for cannabis intellectual property is already underway and is likely to intensify as the regulatory landscape matures and federally approved pathways are defined.

As one example, cannabis patent portfolios have...

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