Cannabis & Psychedelics

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Sterne Kessler brings a full range of intellectual property capabilities to innovators operating in the rapidly evolving cannabis and psychedelics industries. As research and commercialization advance across cannabis‑derived and psychedelic‑based therapies and consumer products, intellectual property has become a critical driver of competitive advantage, valuation, and long‑term business success.

Our attorneys advise clients on developing, protecting, and enforcing patent and trademark portfolios for technologies spanning pharmaceuticals, biotechnology, medical devices, digital health, consumer products, agricultural technology, and manufacturing platforms. We represent innovators of all sizes—from emerging companies to established global organizations—at every stage of development.

Innovation in Regulated Therapeutic Markets

Cannabis and psychedelics are transitioning from emerging and fragmented industries to increasingly institutionalized markets shaped by scientific research, regulatory frameworks, and significant investment. In both areas, innovation is being driven by advances in drug development, formulation science, delivery mechanisms, manufacturing processes, and data‑driven technologies.

Patent portfolios now play a central role in acquisitions, licensing transactions, and investment decisions, while brand strategy and trademark protection remain essential to commercialization. As regulatory pathways continue to evolve in the United States and abroad, the importance of building robust, defensible intellectual property portfolios has only intensified.

Sterne Kessler works with clients navigating this dynamic landscape to ensure that IP strategy aligns with technical innovation, business objectives, and regulatory realities at the state and federal level. Our team of experienced lawyers and patent agents have deep experience across the life sciences sector, with Ph.D.s and advanced technical degrees in biology, microbiology, pharmacology, neuroscience, neurobiology, biomedical engineering, chemistry, and organic chemistry.

Comprehensive IP Services

Patents and Strategic Counseling

We advise clients on the protection of a wide range of cannabis‑ and psychedelic‑related innovations, including:

Therapeutic compositions, formulations, and dosage forms
Proprietary plant varieties
Methods of treatment and methods of use
Manufacturing processes, synthesis pathways, and scalability solutions
Delivery systems and devices
Stability, formulation optimization, and shelf‑life technologies
Software, informatics, and data‑driven platforms supporting development or commercialization, including artificial intelligence

Our attorneys prepare and prosecute patent applications before the U.S. and foreign patent offices, and counsel clients on portfolio development strategies designed to withstand scrutiny in highly competitive and evolving technological fields. For companies collaborating, licensing, or commercializing innovations, we provide counseling regarding agreements and provide freedom to operate opinions. Additionally, we conduct IP due diligence to support clients in this sector both on the investment and acquisition side, as well as clients that are the target of investment or potential acquisition.

IP Disputes

As cannabis and psychedelics innovation accelerates, IP disputes are increasingly common. Sterne Kessler represents clients in post‑grant proceedings before the Patent Trial and Appeal Board, as well as in patent, trade secret, and trademark disputes before federal courts and the U.S. International Trade Commission.

Our integrated prosecution and litigation experience allows us to design portfolios with enforcement and defense in mind from the outset.

Trademarks and Trade Dress

Brand protection presents unique challenges for cannabis and psychedelics companies, particularly with respect to the U.S. Patent and Trademark Office’s “lawful use in commerce” requirements. Sterne Kessler helps clients navigate these constraints by developing trademark strategies that support commercialization while accounting for regulatory limitations.

Our services include domestic and international trademark prosecution, trade dress protection, and portfolio management, with careful coordination between branding and product objectives. We also help clients explore whether copyright registration for logos and other marketing materials may be a reasonable way to protect brand-related materials.

IP Strategy in a Complex Regulatory Environment

While the legal and regulatory frameworks governing cannabis and psychedelics continue to evolve, intellectual property protection plays a critical and independent role in securing innovation. Patentability is generally not dependent on the legal status of a product, while trademark strategy must be carefully coordinated with regulatory considerations.

Sterne Kessler counsels clients on how regulatory realities intersect with patent prosecution, portfolio development, and brand protection, enabling informed decision‑making and long‑term planning without assuming the role of regulatory counsel.

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