Cannabis Patents: How Evolving Marijuana Laws Affect Plant, Seed, and Processing Innovation

Abstract The uneven evolution of federal and state cannabis laws continues to frustrate cannabis business operations, including, but not limited to, how intellectual property is created, valued, and deployed. While trademark rights remain closely tethered to lawful commercial use in interstate commerce,[1] patent rights operate under a different legal framework—one that has historically permitted protection in …

What Does the Revised Definition of Hemp Mean for Trademarks?

Trademarks are generally recognized as an essential and major component of each company’s economic value.[1] In fact, a well-recognized report indicates that company trademarks and other intellectual property assets represent 90% of the market value of businesses included as part of the S&P 500. In recent years, larger cannabis companies expanded their brands to reach …