News & Analysis as of

Plant Patents Intellectual Property Protection

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® – September 2024: Expanding Horizons: Potential Expansion of IP Rights for High-THC Cannabis Varieties

In the United States, the intellectual property rights system for plants is multifaceted, encompassing utility patents, plant patents, trademarks, and Plant Variety Protection (PVP) Certificates. These mechanisms offer...more

Morrison & Foerster LLP

Updates in Uruguay – Accession to the PCT and Announcement of a New GMO Regulatory Framework

Earlier this year, Uruguay announced two major updates in the patent and regulatory spheres that are likely to encourage outside investment in Uruguayan industry, particularly for agbiotech: Uruguay is acceding to the Patent...more

International Lawyers Network

Seedlings of Ideas For Artificial Intelligence: Learning From A Genetic Resources/Traditional Knowledge Treaty, The Plant Patent...

The World Intellectual Property Organization announced on May 24, 2024, a treaty on intellectual property, genetic resources, and associated traditional knowledge that was twenty-five years in the making. As WIPO’s press...more

Dunlap Bennett & Ludwig PLLC

Should I Patent My Trade Secret?

If your business is keeping a valuable secret, you may be trying to figure out the best way to protect it. The question may turn on whether your secret is something like the secret Coke formula or a groundbreaking technology...more

Cooley LLP

UPOV Releases Explanatory Notes Further Defining Protection for Essentially Derived Varieties

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On October 27, 2023, the International Union for the Protection of New Varieties of Plants (UPOV) released its third set of explanatory notes on essentially derived variety (EDV) protection. In this alert, we provide a brief...more

Levenfeld Pearlstein, LLC

Intellectual Property Primer Series: Patent Basics

A patent does not give the owner the right to do anything. Rather, it gives the patent owner the right to exclude others from making, using, selling, offering to sell, and/or importing the claimed invention, which most...more

International Cannabis Bar Association...

[Hybrid Event] Global Cannabis Intellectual Property Symposium 2023 - September 28th - 29th, Montreal, Quebec, Canada

Unlock the Future of Cannabis Innovation at INCBA’s Global Cannabis IP Symposium at McGill University in Montreal, Canada. Join INCBA for this groundbreaking two-day event dedicated to intellectual property in cannabis. Gain...more

Spilman Thomas & Battle, PLLC

Intellectual Property 101: What is a Patent?

The U.S. Patent and Trademark Office ("PTO") provides extensive online resources on its website. While much of the content may be directed to patent and trademark practitioners to perform filings and access regulations, some...more

Bond Schoeneck & King PLLC

High-Level Overview of Intellectual Property Protection for the Cannabis Industry

The cannabis industry is booming and as it continues to grow, new cannabis-related businesses are forming in various sectors of industry and new plant varieties, products and techniques are developed daily. Protecting...more

Wiley Rein LLP

Intellectual Property Portfolio Development for BioTech Startups in the Plant Space [Webinar]

Wiley Rein LLP on

Mary Sylvia has nearly 30 years experience in microbiology and patent law. Trained initially as a molecular virologist, she focuses primarily on biotech plant and pharmaceutical patent law and the development of intellectual...more

Chambliss, Bahner & Stophel, P.C.

What Is a Patent and How Do I Get One

You may be an inventor with an idea, a small business owner, or an international corporation. No matter your size, you could have an invention that is patentable. This video covers what makes inventions patentable, the types...more

Hogan Lovells

COVID-19 IP update: Intellectual Property Office developments (UPDATED)

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The Hogan Lovells IP & Media Technology team is tracking the changes being made by intellectual property offices around the world in response to the coronavirus so we can keep you informed on the key developments....more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO News Briefs - June 2020

USPTO and JPO Issue Joint Message - Yesterday, Director Andrei Iancu of the U.S. Patent and Trademark Office and Commissioner Akira Matsunaga of the Japan Patent Office issued a joint message to express the Offices' "most...more

Cooley LLP

Alert: EPO: Plants and Plant Materials Not Patentable if Exclusively Obtained by Essentially Biological Process

Cooley LLP on

A recent opinion issued by the Enlarged Board of Appeal (EBoA) of the European Patent Office (EPO) has established that plants and plant materials are not patentable if they are exclusively obtained by means of an essentially...more

Bradley Arant Boult Cummings LLP

Difficulties Face Cannabis Patents, Trademarks, and Other Forms of Intellectual Property - Intellectual Property News

Since more than half of the states in the U.S. have decriminalized marijuana (those varieties of the Cannabis plant with intoxicating properties), the marijuana business has been growing rapidly in this country. Like any...more

International Lawyers Network

Plant Breeder’s Rights in Australia: updated, amended and strengthened

Recent amendments to the PBR Act have strengthened PBR rights and have aligned aspects of PBR with other intellectual property laws in Australia. This article summarises the changes....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market - February 2019: Up in Smoke? IP Protection for Cannabis Products

In a recent decision, the TTAB overturned a descriptiveness refusal to register the mark CANNABIS CANNIBALS for “entertainment services, namely, an ongoing series featuring animated cannabis smoking cannibals provided through...more

Husch Blackwell LLP

Plant Intellectual Property (IP) Protections Grow

Husch Blackwell LLP on

In the past, Plant Variety Protection (PVP) Certificates could only be used to protect plant varieties that reproduce sexually (through seeds) or through tuber propagation. However, the Agricultural Improvement Act of 2018...more

Husch Blackwell LLP

Growth Through Intellectual Property – Plant Protection Through Utility Patents, Certificates, And Plant Patents

Husch Blackwell LLP on

An important aspect of developing any intellectual property strategy and portfolio is deciding which method of intellectual property protection to pursue based on the advantages and disadvantages of each method. Plants may be...more

Hogan Lovells

Setting the right example: China’s Supreme People’s Court selects the top 10 IP cases of 2017

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China’s Supreme People’s Court (“SPC”) has recently published its list of the “top 10 significant IP cases” for 2017, which it has done yearly since 2007. ...more

Dechert LLP

EC draft withdrawal agreement: IP rights

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The European Commission has produced a draft withdrawal agreement (the “Agreement”) chartering the path of the UK’s withdrawal from the EU. In the coming weeks, the Council of the European Union and the Brexit Steering Group...more

Smart & Biggar

Don’t let your brand go to pot (Part II): how cannabis brand owners can cover their “buds” with plant breeders’ rights

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The Canadian federal government is moving quickly towards legalizing the possession and consumption of cannabis for recreational purposes. However, Canada’s cannabis industry is already “overgrown” with many licensed (and...more

Farella Braun + Martel LLP

Patents in the burgeoning cannabis industry

With cannabis legal in 29 states for medical use and in eight states for recreational use, there is a surge of entrepreneurism and an influx of capital into the rapidly expanding cannabis industry. Although cannabis remains a...more

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