By their very nature, patents are exclusionary. A patent grants the right to exclude others from making use of an invention or process. But patents are also tools to promote innovation. However, when an invalid patent is granted, the patent becomes an exclusionary tool that also chills innovation. Invalid cannabis patents may be chilling innovation in the cannabis market, but they may not be the only thing. While the Controlled Substances Act continues to prohibit cannabis at a federal level, researchers and medical professionals will be unsure of the legality of their actions. This naturally leads to another chilling effect in the use of cannabis in the medical field and within research firms. By amending the Controlled Substances Act loosen restrictions on marijuana, specifically in the fields of research and medicine, the federal government can help to promote innovation in the cannabis market. This approach could eliminate the gaps in cannabis research and knowledge that continue to plague the U.S. to this day.
CU Commons Citation
"That is Northern Lights Cannabis Indica . . . No, It's Marijuana: Navigating Through the Haze of Cannabis and Patents,"
Concordia Law Review: Vol. 4
, Article 10.
Available at: https://commons.cu-portland.edu/clr/vol4/iss1/10