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

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