Intellectual Property

While the legal limbo surrounding the cannabis industry does not expressly prohibit plant and product patents for marijuana-related products, it may keep trademark and trade secret protection out of reach for cannabis entrepreneurs.

Marijuana Patent Applications Face Tough Road At USPTO

By Law360

The USPTO has started receiving applications for patents on new types of marijuana plants, and attorneys say that the federal government's classification of the drug as illegal could make obtaining a patent difficult, though nothing in the law expressly bars patent protection for illegal substances. (Subscription Required)

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