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Cannabis Patent Q&A

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On June 14, 2022, Harris Bricken attorneys Fred Rocafort, Jihee Ahn, Paul Coble, and Vincent Silwoski presented a webinar entitled Protecting, Monetizing and Enforcing Cannabis Intellectual Property. Attendees submitted many great questions before and during the webinar, but our IP attorneys were not able to answer all of them. In this post, we will answer the cannabis patent questions that were not addressed in the webinar.

What do you think about using the Plant Variety Protection Act to protect strains?

The Plant Variety Protection Act (PVPA) can provide protection for both asexually and sexually reproducing plants, like cannabis. The pseudo-patent protection available under the PVPA prohibits other from marketing, selling, delivering, exchanging, transferring, or multiplying a protected strain. However, current practical realities make PVPA protection unavailable for most cannabis patent strains. The PVPA includes a strict requirement that at least 3,000 seeds of the claimed plant species be deposited with the U.S. Department of Agriculture in Fort Collins, CO. The USDA will not accept any deposits for plants that are classified as controlled substances, including cannabis. In other words, for the time being, PVPA protection is unavailable for cannabis plants that do not qualify as hemp (less than 0.3% delta-9-THC). The DEA recently stated that cannabis seeds containing less than 0.3% d9-THC are not controlled substances regardless of the THC content of the mature plant, but it is not yet clear whether the DEA’s statement will affect the USDA’s prohibition.

How can I protect a recipe/formulation that is unique to the market? How do I present a Fast-Acting ingredient and protect the recipe?  How do I sell license opportunities for my recipes?

New and useful compounds, as well as novel formulations of known compounds, can be protected with a utility cannabis patent.  Licensing strategy is a complex issue that depends on the nature of the invention and inventor(s), but obtaining a patent almost always strengthens licensing leverage. Sometimes just having a patent application on file is enough to license rights to larger companies or patent monetization firms.

Is it possible to obtain a cannabis patent for a methodology that cures or eliminates a cannabis pathogen?

Absolutely, so long as it is new, useful, and has not been disclosed or used in public (some exceptions may apply). You will also need to be able to describe the methodology in sufficient detail such that a typical cannabis cultivator can achieve the desired outcome without undue experimentation.

Who owns patentable IP that is jointly developed by multiple parties?

Absent an enforceable agreement addressing IP ownership, patent rights in the US vest by default with the inventors. Any person who materially contributed to the claims of the patent must be listed as an inventor and the inventors each have an individual right to practice and license the patent. If the inventors work for different companies, ownership of the IP will be dictated by any agreements the inventors have with their employers.

I’d like to hear thoughts on enforcement of patents on cannabis paraphernalia, specifically electronic devices and whether there’s any reason to believe there are any more issues with those than with enforcement of patents on any other consumer good.

Patents on cannabis paraphernalia (namely vaporizers, water pipes, rolling papers, etc.) are a common subject for both utility and design patents. Electronic vaporizers and cartridges are one of the most common cannabis patents, with several new patents issuing each week. There is no reason to believe that such patents are any less enforceable than any other patent, but none have been tested in court.

Ramifications of Canopy vs GW Pharma?

For the uninitiated, Canopy Growth v. GW Pharmaceuticals et al., Case No. 6:20-cv-01180-ADA (W.D. Tex.), is one of the first cannabis patent infringement cases in the US and sets the stage for many more to come. In late 2019, Canopy Growth obtained a patent for subcritical CO2 ­extraction and promptly sued GW Pharma in Texas federal court. As part of every patent infringement lawsuit, the court is required to construe the claims of the patent and, where necessary, put the patent language into terms that can be applied to the allegedly infringing product or process. Canopy and GW agreed on the meaning of all claim terms, except for one. GW argued that the patent term “CO2 in liquefied form under subcritical pressure and temperature conditions” meant that both the temperature and pressure had to be below the critical point to infringe (i.e. only extraction conditions in the red portion below):

Canopy contended that liquified CO2 at either a lower pressure or a lower temperature than the critical point would constitute subcritical conditions (i.e. the red and blue portions). The court agreed with GW. Since GW’s processes are presumably solely within the blue range excluded by the court’s construction, Canopy consented to judgment of non-infringement and promptly appealed.


For now, there will be few direct ramifications from the case for most operators. Extractors that are operating processes with extraction conditions in the red range should consult a patent attorney to discuss their options. More broadly, however, it serves as an indicator that major cannabis patent suits are coming and highlights the importance of understanding cannabis science in cannabis patent analysis.

Source: https://harrisbricken.com/cannalawblog/cannabis-patent-qa/

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Corruption

Four Ganga Land Leases Cancelled in Sambhal After Record Irregularities

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The Sambhal district administration has cancelled four government land leases issued more than three decades ago after an official investigation found alleged irregularities in the classification and allotment of Ganga river land.

The action follows an inquiry that concluded approximately 31 bigha of land in Surpur village of Gunnour tehsil was leased after its original revenue classification was allegedly altered, allowing land categorized as riverbed to be treated as agricultural property.

Inquiry Reveals Alleged Record Manipulation

The decision was taken by the Additional District Magistrate (ADM) based on an investigation conducted by the Sub-Divisional Magistrate (SDM), Gunnour.

Officials found that while the current revenue records listed the land as transferable agricultural property, older consolidation documents identified it as Category-6(1) submerged river land, making it ineligible for such allotments.

Following the findings, the administration ordered the cancellation of all four leases and directed revenue officials to restore the land’s original classification in official records.

Leases Issued in 1991 Declared Invalid

According to the inquiry, the disputed leases were granted on November 17, 1991, in the names of Shrinivas, Sher Singh, Shakuntala, residents of Surpur village, and Prakash Chandra of Patei Kayasth village.

Authorities stated that the allotments did not comply with the provisions of Section 128 of the Uttar Pradesh Revenue Code, 2006, prompting their cancellation.

Officials said corrective entries are now being made in the revenue records to reflect the land’s original legal status.

Wider Probe Into Ganga Riverbank Land Allotments

The latest action is part of a broader investigation into alleged irregularities involving government land located along the Ganga riverbank in Sambhal district.

Earlier investigations uncovered suspected illegal allotments involving nearly 845 bigha of government land in Sukhailla village under Gram Panchayat Asadpur, where 162 leases are also under scrutiny.

Investigators believe a similar pattern may have been followed in multiple cases, with riverbed land allegedly reclassified as agricultural land before being leased to individuals.

Field inspections reportedly found that much of the land was unsuitable for conventional farming and was instead being used for activities such as sand mining.

Government Land Worth ₹18 Crore Under Review

District officials estimate that approximately 850 bigha (around 71.5 hectares) of government land, valued at nearly ₹18 crore, is currently under investigation.

Authorities have launched a comprehensive review of historical land leases issued across villages situated along the Ganga river in the Rajpura, Gunnour, and Junawai blocks.

The objective is to determine which allotments were made legally and identify cases where land records may have been manipulated.

Officials’ Role Also Being Examined

The investigation has also raised questions about the possible involvement or negligence of officials from the revenue and consolidation departments.

District authorities said responsibility will be fixed after the inquiry is completed, and legal or departmental action will be taken against anyone found to have violated land allotment rules.

Officials indicated that the ongoing review could reveal additional cases involving unauthorized occupation or irregular leasing of government land.

The administration has reiterated its commitment to restoring government property and ensuring transparency in land management across the district.

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Education & Training

NTA Warns NEET UG 2026 Candidates Against Fake OMR Sheets

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The National Testing Agency (NTA) has issued a warning to NEET UG 2026 candidates and their parents against submitting fake, altered, or AI-generated OMR sheets while raising objections related to examination results.

The examination authority said that candidates found providing fabricated documents or misleading information during the verification process could face legal consequences.

The warning comes after several students approached the agency with complaints alleging discrepancies between their expected scores and the marks published in the final results.

NTA Finds Suspicious Documents During Verification

According to the NTA, some candidates submitted OMR sheets while requesting score verification, but officials found that certain documents appeared to be manipulated or artificially generated.

The agency clarified that only original OMR sheets issued during the examination process will be accepted for reviewing complaints.

NTA officials said they are examining all grievances carefully and will consider only verified examination records while deciding on score-related concerns.

Students Raise Questions Over NEET UG Results

After the announcement of NEET UG 2026 results, several candidates reported differences between their estimated marks based on the official answer key and their final scorecards.

Some students claimed that their expected scores were significantly higher than the marks awarded in the results.

In some reported cases, candidates alleged that uploaded OMR sheets did not match their original answer sheets or that the displayed scores were inconsistent with their calculations.

The complaints prompted several students and parents to seek clarification and request a detailed review of the evaluation process.

AI-Generated Fake Records Create New Challenge

The NTA has highlighted the growing misuse of artificial intelligence tools to create fake examination documents.

Officials said digitally altered OMR sheets and fabricated records could create difficulties in identifying genuine grievances and may affect the integrity of the complaint resolution system.

The agency advised candidates to avoid using unofficial documents or modified materials while submitting objections.

Candidates found involved in producing false evidence may face action under applicable laws, the NTA warned.

NEET UG 2026 Conducted Again After Paper Leak Allegations

The NEET UG 2026 examination process faced controversy after allegations of a paper leak led authorities to cancel the original exam held on May 3.

A re-examination was conducted on June 21 for affected candidates, following which results were announced on July 16.

After the controversy, the government announced plans to move future NEET UG examinations from the traditional pen-and-paper format to a computer-based testing (CBT) system.

Verification Process Continues

The NTA said the review of complaints submitted by candidates is still underway and further decisions will be taken after completing the verification of all documents.

The agency has urged students to rely only on official communication channels and submit genuine records while seeking clarification about their results.

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Corruption & Governance

Goa PWD Tenders Worth ₹1,000 Crore Come Under Government Probe

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The Goa government has initiated a detailed investigation into alleged irregularities in Public Works Department (PWD) tenders worth nearly ₹1,000 crore, following complaints of document manipulation and misuse of contractor eligibility credentials.

The probe focuses on claims that certain construction firms may have secured high-value infrastructure contracts by submitting falsified or altered work completion certificates to qualify for top contractor categories.

Allegations of Fake Experience Certificates in Tender Bids

According to complaints filed by engineers and contractors, several companies allegedly used questionable documentation to obtain Class IAA contractor status, a designation that allows participation in large-scale government infrastructure projects.

Investigators are examining whether manipulated work completion certificates were used to falsely demonstrate prior project experience, thereby inflating eligibility during the tender evaluation process.

One of the key concerns involves references to infrastructure projects executed under Karnataka Neeravari Nigam Limited, including the “Mudi Tank Filling Scheme.” Authorities are verifying claims that duplicate or inconsistent completion certificates may have been issued for the same project.

JV Structure Alteration Under Scrutiny

Officials are also investigating alleged changes in joint venture (JV) agreements submitted during tender applications. In one case under review, a 2019 JV reportedly listed Amrita Constructions Private Limited as the lead partner, with another firm as a supporting entity.

However, documents submitted to Goa PWD allegedly reversed these roles, naming Bagkiya Constructions as the lead partner. This change is suspected to have significantly enhanced the company’s technical eligibility and past performance record.

Authorities believe such alterations may have allowed firms to qualify for contracts they would otherwise not have been eligible for under standard procurement norms.

Allegations Linked to Karnataka Project Documentation

Another complaint under review concerns the “Akka Mahadevi Memorial Project” in Shivamogga, Karnataka, valued at over ₹51 crore. It is alleged that the project, executed in phases, was incorrectly represented as a single completed contract to meet eligibility requirements for higher-value tenders.

Investigators are verifying whether such representations were used to gain unfair advantage in experience-based qualification criteria.

Government Launches Comprehensive Inquiry

Following the emergence of these allegations, the Goa government has ordered a preliminary inquiry into all related contracts, approvals, and supporting documentation.

Officials have stated that every stage of the tendering process—including eligibility checks, certificate validation, and contract award decisions—will be examined in detail.

If irregularities are established, possible actions may include contract cancellation, blacklisting of firms, recovery of funds, and legal proceedings against those involved in submitting false documentation.

Concerns Over Procurement Transparency

The case has raised broader concerns about transparency and verification systems in public infrastructure procurement. Experts point out that reliance on manual documentation without robust digital verification increases the risk of fraud in large-scale government contracting.

Transparency advocates have called for stronger auditing systems, centralized contractor databases, and real-time verification of project credentials to prevent misuse of public tender processes.

Probe Continues

Authorities have confirmed that the investigation is ongoing and a detailed report will be prepared after reviewing all evidence and documentation. Further action will be taken based on the findings in accordance with applicable laws and procurement rules.

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