CannabIP: Developments in Cannabis Legalization and Effect on IP

Cannabis IP patent trademark

As the new year opens, there have been some developments in legalization of cannabis use, both medicinally and recreationally. First, on the international front, South Korea legalized cannabis for medical use in late 2018.  The South Korean National Assembly passed legislation to amend the Drug Narcotics Act to allow for the sale, import, and export …

Continue Reading

CannabIP: State of Federally-Registered Cannabis Marks

Cannabis IP trademark

As we leave 2018 behind us, there were a number of high-profile states and countries which entered the adult-use cannabis marketplace.  More cannabis companies, formerly illegal, find themselves now legal in the streams of commerce.  However, cannabis product-specific applications for trademarks and service marks remain elusive as the USPTO has maintained a fairly strict examination …

Continue Reading

CannabIP: U.S. Patent No. 10,034,907 B1

Cannabis IP patent

U.S. Patent No. 10,034,907 (‘907) issued on July 31, 2018, for “Flavored and Edible Cannabinoid Composition and Method of Manufacturing.”  It was issued to sole inventor and applicant Gerald Echavarry, of New Hyde Park, New York.  The specification describes a new cannabinoid composition comprising cannabis resin, a solvent, and a flavoring agent.  The claims are …

Continue Reading

CannabIP: U.S. Patent No. 10,028,987 B1

Cannabis IP patent trade secrets trademark

U.S. Patent No. 10,028,987 (‘987) issued on July 24, 2018, for “Cannabis-Infused Milk.”  It was issued to inventor Dylan Pillsbury, of Dos Rios, California.  The applicant/assignee is Chocowaska Cooperative, Inc., a cannabis-infused edibles and hemp company.  The claims are directed to a method of preparing and processing milk infused with cannabis, which includes heating the …

Continue Reading

CannabIP: DEA Schedules CBD – but with Big Caveat

Cannabis IP patent technology

On September 27, 2018, the Drug Enforcement Agency (DEA) scheduled EPIDIOLEX® as a Schedule V regulated drug under the Controlled Substance Act (CSA).  In doing so, the DEA has expressly scheduled a drug wholly-containing cannabis compounds as an active ingredient.  Epidiolex was recently approved by the Food & Drug Administration (FDA) for market as a …

Continue Reading

CannabIP: U.S. Patent No. 9,987,567 B1

Cannabis IP patent

U.S. Patent No. 9,987,567 B1 issued on June 5, 2018, to inventor Ryan Delmoral Ko, of Coquitlam, British Columbia, Canada, and applicant/assignee NextLeaf Solutions Ltd., of Vancouver, British Columbia, Canada.  NextLeaf is an extraction and distillation processing company of cannabis material.  NextLeaf represents one of many cannabis-industry companies awaiting the country-wide legalization of cannabis in …

Continue Reading