When cannabis companies sue over patents
- by admin
The US Patent and Trademark Office is currently reviewing a lawsuit filed by two marijuana businesses, claiming their cannabis-infused products infringe on the patent held by another marijuana company.
Last week, the USPTO denied the marijuana companies’ request to halt the case pending the agency’s review.
The case stems from the company’s patent application for a marijuana-infusion capsule.
The patent is for “breath inhalation device” which is “a device that provides a method for inhaling marijuana or any other substance,” and the patent was filed in July 2017.
The two companies claim that the marijuana-containing capsule is “an inhaler for marijuana inhalation.”
In a filing, the marijuana business claims that the capsule’s “breathing apparatus is a non-limiting and non-invasive inhaler and it contains cannabis extract.”
However, the patent also claims that “the inhaler may contain a cannabis extract, for example, marijuana leaf, plant matter, or a combination thereof.”
Both of the marijuana businesses filed the patent in the US Patent Office in 2017, and the agency is currently looking at their claims.
The USPTR is expected to issue a decision on the case next week.
The US Patent and Trademark Office is currently reviewing a lawsuit filed by two marijuana businesses, claiming their cannabis-infused products…