As cannabis becomes big business and has become legalized in many states across the U.S., a growing number of universities have opened research units dedicated to the study of cannabis and hemp. Research and commercialization activity is booming around medical applications, agricultural advances, and consumer product development. But many legal experts warn that the industry‘s rapid growth is outpacing legal protections for the IP involved and can complicate matters for the research itself.
Universities face unique challenges in protecting intellectual property surrounding Cannabis created by its conflicting legal status between state and federal law. The continued criminalization of cannabis at the federal level obstructs strong trademark protection. It has the effect of simultaneously making the demonstration of novelty easier under patent law while making compliance with the written description requirement more difficult.
In other words, protecting the IP that stems from cannabis research is tricky, but not impossible.
That’s why Tech Transfer Central’s Distance Learning Division has created this critically important webinar:
Join Nicholas J. Landau, PhD, with the Bradley law firm in Birmingham, AL, for this one-hour program where you will learn the unique challenges in protecting IP surrounding Cannabis created by its conflicting legal status between state and federal law. Here is a sneak peek at the program’s agenda:
- Patents
- Prior art problems unique to Cannabis
- defensive publication
- Cannabis at PTAB
- Obviousness issues with dosing
- The “911” patent and subject matter eligibility
- Seed and tissue deposits – can you mail that?
- Prospects for patent enforcement in federal courts
- Prior art problems unique to Cannabis
- Plant Variety Protection for Cannabis: hemp versus marijuana
- Cannabis trademarks
- Federal registration for “hemp” versus “marijuana”
- State and common law protection for Cannabis
Meet Your Presenter:
Nicholas J. Landau, PhD
Partner
Bradley
Nick Landau advises clients in the procurement, protection and litigation of all forms of intellectual property, including patents, trademarks and trade secrets. He is particularly experienced in patent prosecution, having drafted hundreds of patent applications in numerous areas of technology. A former Associate Examiner at the U.S. Plant Variety Protection Office, he is experienced in the IP protection of a broad array of technological disciplines in the areas of biotechnology, pharmaceuticals, nutraceuticals, medical devices and environmental technology. His clients include individuals, universities, start-ups, growing businesses, and publicly traded companies. Dr. Landau holds a position as Adjunct Professor of Law at the Cumberland School of Law in Birmingham, Alabama.
