Basics of Marijuana Patents

Video Description

Overview: The rapid growth of the cannabis industry, both in the state-regulated marijuana dispensary system and the industrial hemp industry, has brought with it an outpouring of information worthy of intellectual property. From cannabis strains and genetics, to brand trademarks and names as well as corporate logos, packaging and extraction processes, it is critical for cannabis business owners and operators to understand their options with regard to intellectual property.

Learning Objectives

  • Develop an understanding of what is patentable and what is not

  • Discussion of provisional vs. non-provisional (examined) patent applications, as well as design vs. utility patents

  • Explanation of the timeline for patent applications

  • Understand intervening patent applications designed to amend claims in a pending application for a competing product

  • Overview of a the application process for an international patent

  • Overview of cannabis patents: why they are allowed under federal law

  • Review of existing marijuana patents that have been filed, including by GW Pharma

  • Discussion of the business benefits to having patents in the cannabis industry

  • DIscussion of the differences between patents and trade secrets

Presentation By: Kevin Fortin, Esq.

Presenter Bio:

Kevin H. Fortin is Counsel to Hoban Law Group. He is a Patent Attorney licensed to practice before the U.S. Patent and Trademark Office. His practice is limited exclusive to patent matters before the USPTO. He has a B.S. degree in Mechanical Engineering from Clarkson University and a JD from the University of San Diego School of Law. He is a member of the California State Bar. He has been involved in the Colorado Cannabis industry since 2008 after spending 13 years practicing law in Silicon Valley.

Mr. Fortin has been involved in numerous contract negotiations and patent licensing deals. He has closed licensing deals worldwide. He has served in various capacities during nearly 25 years as a patent attorney, including senior associate in one of the largest patent law firms in the U.S., as senior licensing counsel in a multinational corporation, and owner of his private firm.

Mr. Fortin has an avid interest in sustainable agriculture, nutrition, health, and organic food.