Marijuana Business Magazine July 2019

Marijuana Business Magazine | July 2019 102 Who’s Getting Trademarks? Cannabis-related trademark and patent applications are on the rise. Frank Herrera, a trademark attorney for H NewMedia Law in Miami, examined the number of trademark applications in advance of speaking at MjBizCon in Las Vegas last November. He found that cannabis trademark applications with the U.S. Patent and Trademark Office (USPTO) soared from about 50 in 2013 to more than 600 in the first 10 months of 2018. As expected, trademark applications also are skyrocketing for marijuana- related goods and services. On the patent side, Vincent Capuano, an attorney with the Duane Morris law firm in Boston, said cannabis patent applications to the USPTO are following a similar trajectory to those in the pharmaceutical business. “There is a gold rush for cannabis patents,” Capuano said. A significant portion, he said, is related to the growing use of cannabis and CBD for medical uses. In a recent blog post, Capuano cited the “patent fortress” that GW Pharmaceuticals has built around its CBD-based drug for epilepsy patients, Epidiolex, which is approved by the U.S. Food and Drug Administration. Initial patents were filed with the United Kingdom’s Intellectual Property Office and later with other countries as well as the United Nations’ World Intellectual Property Office. The U.K.-based company has obtained several patents on various aspects of using CBD to treat seizures. It also has a number of pending CBD-related applications to treat conditions such as eczema, prostate cancer and neuropathic pain, according to Capuano. In addition, the cannabis industry is beginning to see patent litigation. Last July, U.S. Cannabis (UCANN) sued fellow Colorado business Pure Hemp Collective in federal court for infringing on its patent related to a cannabinoid-based medical product formula. Capuano noted that certain UCANN claims appear to cover “any liquid formulation” as long as 95% of the total cannabinoids are CBD. In response to UCANN’s infringement claims, Pure Hemp countered that such “substantially pure liquid CBD products are ubiquitous” in the marketplace and “were not invented in this millennium—let alone in 2014,” when UCANN filed its patent application. A federal judge in Denver indicated in April that he believes the case involves patentable content. He denied Pure Hemp’s early motion to throw out most of UCANN’s claims, but it’s still unclear what a jury would decide if the case went to trial. Following are examples of recent U.S. patents granted in the cannabis industry that show the range of MJ-related businesses receiving intellectual property protection: CBD-INFUSED VODKA A method for producing an alcoholic drink, wherein cannabidiol is fully dissolved in the vodka. Applicant/Inventors: Olga Skuratovich of JustHempCo in Denver, and Filipp Mirzakhanov, an extraction chemist living in Colorado Patent issued: Oct. 2, 2018 INDOOR GROWING SYSTEM A growing system equipped with a mixing box that features computer-controlled cooling and heating coils designed to maintain humidity at the optimal level for plant health. Condensate is collected for reuse. Applicant: Greenhouse HVAC of Jacksonville, Florida Inventors: Mack Shelor of Virginia and Doug Tyger of Pennsylvania Patent issued: Jan. 1, 2019 VAPORIZER DEVICES Vaporizer cartridge ornamental design Applicant: PAX Labs of San Francisco Inventors: Esteban Leon Duque, James Monsees, Brandon Cheung and Steven Christensen Patents issued: May 28, 2019 DAISY CHAIN GROW LIGHT A controller that can vary cycle times and a reflector that can maximize the efficiency of a bulb, LED or other light source. In particular, it can provide added light colors at various growth stages. Applicant: Boulderlamp of Lafayette, Colorado Inventor: Fazle Quazi, founder and CEO of Boulderlamp Patent issued: Dec. 4, 2018 – Jeff Smith Vincent Capuano Making & Mark your Protecting It