Intellectual Property Law (CLE)

The market potential of cannabis has been continuously expanding along with its growing legalization in the US.  With the rise of commercial opportunities, patenting activities in the cannabis industry also increased, posing new challenges to patent owners and applicants alike. One of the most significant issues surrounding cannabis patent is the assumption that early applicants received an overly broad scope of patents which might affect market flow and development in the long run.

The Alice Corp. Pty. Ltd. v. CLS Bank decision created a big shift in the patent law landscape, particularly in the evaluation of patent subject matter eligibility. Thus, leading to the rise in patent eligibility cases. However, the Alice decision’s flawed and vague interpretation left litigants and trial courts in sheer confusion.