Cannabis Investment Club

[greenwillow]

Considerations for Canna-Patent Owners and Applicants in Light of Insys Development Co. v. GW Pharma Ltd.

http://www.patentdocs.org/2018/05/considerations-for-canna-patent-owners-and-applicants-in-light-of-insys-development-co-v-gw-pharm-lt.html

For companies in the cannabis industry seeking to protect their innovations, patent protection is typically available for cannabis-related inventions (including the plant itself), just like it is for any other invention—they just have to be new, useful, and nonobvious. Many canna-patent owners understand and are concerned with the uncertainty they currently face in U.S. courts for enforcing their rights on a potential infringer—namely whether U.S. courts will enforce these patents given that cannabis is still federally classified as a controlled substance. But to date there have been no cannabis-related patent infringement cases that have gotten far enough in district court to indicate how courts will treat these cases.