Can You Patent Pot?

By: Christopher Coble

Your state just legalized it. You want in on the billion-dollar cannabiz boom. And you've got a particular strain of that sticky icky that you think will set your marijuana startup ablaze. (In a good way.) But how do you protect your intellectual property in a burgeoning yet quasi-legal industry?

After all, the federal government still lists marijuana as a Schedule I illegal narcotic, and it's that same federal government that issues patents, trademarks, and copyright protections. Is filing for a patent on your exclusive Purple Urkle-Zombie Killer-Schnazzleberry hybrid just asking for trouble with the DEA? Here's a look:

Have No Fear ...

While there's no general prohibition on patenting potentially illegal products, weed trademarks may be met with additional scrutiny. "Applications for trademarks used on regulated products (e.g. cannabis, drug paraphernalia, ivory, whalebone) and activities (e.g. gambling and wagering, retail stores featuring controlled substances) are subject to additional review," according to the U.S. Patent and Trademark Office. "The USPTO may inquire about your compliance with federal law before issuing a registration. If your goods, services, or trademark violate federal law, we will issue a refusal."

Read more >> https://blogs.findlaw.com/free_enterprise/2019/07/can-you-patent-pot.html