medical cannabis investor tool

Dr. Joe I. Wyse (Partner, Head of Patent Dept.)

Dr. Keren Hagai (Head of Life Sciences)

Adv. Aviv-Nicolas Pollak (Trademarks Dept.)

Patent Data Analysis: A Predictive Tool for Medical Cannabis Investors and Innovators

“Plans are less important than planning.” - Dale McConkey

In order for an investor to make a decision, business intelligence must be gathered from

Market Data e.g. (Industry reports)

Financial Data e.g. (SEC reports and audits)

Regulatory & Legal Data

Patent Data (FTO issues and Monetizing of IP)

“Information is the oil of the 21st century, and

analytics is the combustion engine.” – Peter Sondergaard, Gartner Research

Medical Cannabis Market Predictions

Gartner, 2015

© Proprietary & Confidential

5 Major Medical Cannabis Companies:


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”Our intellectual property portfolio at September 30 2015, includes 60 patent families with issued and/or pending claims directed to: • Plants • Plant extracts • extraction technology • pharmaceutical formulations • drug delivery • therapeutic uses of cannabinoids, • plant variety rights • know-how & trade secrets. IP portfolio comprises 53 pending patent applications worldwide. We seek patent protection for the technology, trademarks, trade secrets, know-how ”. Approx. cost of Patents : <<10 million USD

Form 20-F Annual Report for Foreign Private Issuers Filed Dec 7, 2015, GW Pharma


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Examples of IP Litigation

Medical Marijuana, Inc. Announces Settlement Of Major Pending Litigation With CannaVest And Ownership Of Key Brands MJNA CEO Lauds IP 'Windfall' in Brands Secured in Settlement, Along With 'Significant Expense Removed'

GlobeNewswire Jul 22, 2015 9:30 AM EDT

and branding related to all intellectual property (!!) The Company has secured ownership of Real Scientific Hemp Oil™ and Cannabis Beauty Defined™. This includes all trademarks, trademark applications and other branding indicia including Real Scientific Hemp Oil™, RSHO™, Real Scientific™, Cannabis Beauty™ and Cannabis Beauty Defined™.


8 Examples of IP Litigation

Hershey’s Chocolate Wants to Kill Your BuzzBY PHILIP P. MANN ON JUNE 9, 2014POSTED IN TRADEMARK LAWSUIT NEWS Hershey’s Chocolate, Inc. filed suit (Case No. 2:14-cv-00815-RSL) for Trademark Infringement in U.S. District Court in Seattle against Conscious Care Cooperative(Seattle CCC), a Seattle company


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The Patent Environment Medical Cannabis Worldwide

1st peak

2nd peak


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1ST Peak: Defensive-type Main Filing Countries: US EPO, JP, CN Main Companies: Sanofi, Pfizer, Merck Main Subjects: Cannab. Receptor, Agents, Preparation methods

Main Filing Countries: US CN, EPO Main Companies: Bohringer, GW Pharma Main Subjects: Disorders, Raw materials, Therapeutic effects, Cannabis oil

2ND Peak: Offensive- type

Platform patents (CB receptor), Big Pharma companies, Worldwide registration (Israel is not active)

Patents on specific technologies, More specialized companies, Exclusive markets Israel is active


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Integrating Utility PATENTS with Design PATENTS

Monetizing Medical Cannabis with the IP Toolbox


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Integrating Utility PATENTS

with Trademarks



14 The Viagra patent expired in 2012


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Not possible to obtain a federal trademark for goods/services related to Cannabis.

The USPTO specifically ask applicants if “the goods or services at issue violate the federal Controlled Substances Act [CSA].”

The USPTO trademark examination Applicants are required to state that the referenced

services did not involve the provision of marijuana; information on how to obtain, grow, or

otherwise procure marijuana; or the provision of services to businesses that provide marijuana. The applicant also has to state that its services were lawful pursuant to the CSA.

Accordingly, cannabis companies must look to a patchwork protection approach involving state laws, copyright protection, and federal unfair competition law.


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“Smart bypass”


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Integrating Utility PATENTS

with Plant Breeders Rights



18 Proactive IP portfolio:

1. Proactive technology protection: having a multi-dimensional defensive patents portfolio.

2. Proactive market dominance:

a. having a multi-dimensional offensive patents portfolio;

b. acquiring IP dominancy in relevant* territories.

3. Effective IP-TOOLBOX-ing

a. Integrating technology protection; utility patents, design patents & utility models-patents;

b. Integrating trade-dress protection: patents, copyrights & trademarks.

* Relevant to both strategic partners (e.g., big pharma) & competitors.

Thank You

Learn More About Us Here | www.bressler.co.il | 11 Tuval Street, Ramat Gan, 52522, Israel

Joe: O +972-3-5765555

E [email protected]

http://www.bressler.co.il

http://www.bressler.co.il

medical cannabis investor tool

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