Whether you are considering the ever-popular recreational use, or recent medicinal developments, marijuana is a highly discussed controversial substance. With revenue from marijuana into the billions of dollars, it is no wonder it has been trying to reach into the intellectual property arena. This comment specifically looks into the patent arena and the obstacles that come with an attempt to seek, and enforce protection of marijuana-based patent applications. With the USPTO’s plant and utility patent options, there is perhaps more than one way to pass marijuana-based substances as patent-eligible subject matter. The largest obstacle for this type of intellectual property comes from marijuana’s reign as a Schedule I substance.
Kaylee Willis, Avoiding the Chaos of Maryjane - A Conventional Approach to Intellectual Property Protection of Marijuana, 17 J. Marshall Rev. Intell. Prop. L. 278 (2017)