AREA OF EXPERTISE: CANNABIS
Intellectual property (IP) protection for cannabis
inventions is increasingly important with the
legalization of hemp and the expanding number of
states in the U.S. legalizing cannabis for medical
and/or recreational use. There are now numerous
options for protecting cannabis plants, products,
methods, devices, and biotechnology.
Most new cannabis inventions that relate to unique
formulations, compositions, extracts, methods,
processes, apparatus, devices, modified genes,
biotechnology, etc. can be protected with U.S.
utility patents. Cannabis plants can be protected in
a variety of different ways.
Hemp and marijuana plants both produce cannabidiol (CBD),
but are differentiated by their levels of
tetrahydrocannabinol (THC). Hemp plants (less than
0.3% THC) can be protected in the U.S. with all of
the same IP options that are available for any plant
invention. This includes:
Marijuana plants (greater than 0.3% THC) can be
protected in the U.S. with:
U.S. PVP protection is not currently available for
marijuana. U.S. trademark protection can be obtained
for cannabis plants, products, and services, with
Also, international patent protection, plant
breeder’s rights (PBR), and trademarks are available
for cannabis in some countries.
The cannabis industry is complex and rapidly
evolving. Our firm has extensive experience
obtaining IP protection for plants and plant-based
inventions in the U.S. and worldwide, and we have
been highly involved in the cannabis space for many
years. Therefore, we are uniquely positioned to
advise and provide IP services for cannabis clients.