Protecting Cannabis IP: Viability of Cannabis Patents, USPTO Guidance on Trademark Applications, Copyrights
Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Patent
- event Date
Thursday, December 11, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
This CLE course will guide IP counsel on the protection of cannabis IP. The panel will examine the current cannabis IP landscape and discuss the impact of the legality of cannabis on IP rights. The group will also address what the FDA's cannabis regulation means for IP and offer best practices for securing IP rights as the landscape evolves.
Mr. Holman, Ph.D., is a director in Sterne Kessler’s Biotechnology & Chemical and Trial & Appellate Practice Groups, with a practice focused on proceedings before the Patent Trial and Appeal Board (PTAB). With a technical background and training in immunology, microbiology, and molecular biology, he regularly represents leading companies in biotech, pharmaceutical, and chemical industries. Mr. Holman's PTAB practice includes inter partes reviews, post-grant reviews, and interferences, where he counsels clients on initial pre-trial PTAB strategy, briefing and discovery during the PTAB proceeding, appeal and/or settlement. David also regularly counsel's clients on global patent preparation and prosecution strategies.
Ms. Sterling focuses her practice in the biotechnology and pharmaceutical industries, where she is involved in all areas of patent procurement, exploitation and enforcement. Her experience includes representing clients in over 70 inter partes review and covered business method proceedings, and in multiple patent interferences and reexaminations. Ms. Sterling's practice also includes counseling clients on intellectual property strategy, including evaluating patent portfolios, e.g., for invalidity, non-infringement, freedom-to-operate and due diligence analyses, and she has assisted clients in devising design-around strategies for issued patents.
In 2019, the USPTO departed from its longstanding position prohibiting registration of cannabis-related marks when it issued guidance for trademark applications of hemp-based goods and services. However, the legal status of cannabis impacts trademarks, which could be advantageous for those in federal compliance but problematic for those not in compliance.
Unlike trademarks, the legal status of cannabis is not relevant in the patent context. The number of patent applications for cannabis-related inventions continues to rise, and the USPTO is issuing an increasing number of cannabis-related patents. Last year, a federal district court upheld patent claims for liquid cannabinoid formulations, and the USPTO confirmed the patentability of claims relating to a cannabis-derived pharmaceutical. Also, cannabis patent portfolios have been critical pieces in several acquisitions.
For IP that is dependent on the legal status of the product, this could be a game-changer. As the cannabis industry grows, counsel needs to understand how best to protect the IP rights involved.
Listen as our authoritative panel examines the current cannabis IP landscape, including the USPTO cannabis trademark guide, recent decisions on the patentability and enforceability of cannabis patents, and the use of copyrights. The panel will also discuss the impact of the legality of cannabis on IP rights and what the FDA's cannabis regulation means for IP. The group will offer best practices for how to secure IP rights even as the landscape continues to evolve.
I. The current cannabis IP landscape
A. Trademarks
B. Patents
C. Copyright
D. Trade secrets
II. The legality of cannabis and its impact on IP rights
III. FDA cannabis regulation
IV. Practical strategies for obtaining IP rights for cannabis-related goods and services
A. Patents
B. Copyright
C. Trade secrets
The panel will review these and other vital matters:
- How is the legal landscape evolving for the protection of cannabis-related IP rights?
- What are the practical implications of legality questions related to cannabis-related goods and services?
- What are best practices for securing IP rights for cannabis-related products?
Related Courses
Protecting Cannabis IP: Viability of Cannabis Patents, USPTO Guidance on Trademark Applications, Copyrights
Thursday, December 11, 2025
1:00 p.m. ET./10:00 a.m. PT