The New Highwayman: Enforcement of U.S. Patents on Cannabis Products

101 J. Pat. & Trademark Off. Soc'y 24 (2019)

Rutgers Law School Research Paper

29 Pages Posted: 7 Jun 2019

See all articles by William McNichol

William McNichol

Rutgers, The State University of New Jersey - Rutgers Law School

Date Written: February 20, 2019

Abstract

Under a long line of authorities going back to The Highwayman’s Case in 1725, the illegality of the use, possession, and distribution of these products probably creates an insurmountable barrier to the enforcement of most patents that claim Cannabis products or their use. This means that, with respect to the Cannabis industry, the U.S. patent system is unlikely to play its customary roles of incentivizing innovation and encouraging investment.

Keywords: patents, cannabis, enforcement, illegality

Suggested Citation

McNichol, William, The New Highwayman: Enforcement of U.S. Patents on Cannabis Products (February 20, 2019). 101 J. Pat. & Trademark Off. Soc'y 24 (2019); Rutgers Law School Research Paper . Available at SSRN: https://ssrn.com/abstract=3391803

William McNichol (Contact Author)

Rutgers, The State University of New Jersey - Rutgers Law School ( email )

Newark, NJ
United States

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