Plant Patents = Securing cannabis strains in the Public Domain

Discussion in 'Legal Edge' started by phil_c, Apr 23, 2018.

  1.  
    phil_c

    phil_c Member

    NaturalFarmer likes this.
  2.  
    justugh

    justugh Well-Known Member

    supreme court has already ruled .........u just need to apply that case to any lawsuit or injunction


    (nature DNA can NOT be patent ).....now GMO they can be so it comes down to the ppl to ask is this GMO or is nature dna
     
  3.  
    NaturalFarmer

    NaturalFarmer Well-Known Member

    Plants are certainly able to be patented, which is why if you want to grow certain varieties that are patented, you need to pay royalties. ie. Pink Lady apples.

    "A plant patent is granted by the United States government to an inventor (or the inventor's heirs or assigns) who has invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state. The grant, which lasts for 20 years from the date of filing the application, protects the patent owner’s right to exclude others from asexually reproducing the plant, and from using, offering for sale, or selling the plant so reproduced, or any of its parts, throughout the United States, or from importing the plant so reproduced, or any part thereof, into the United States. This protection is limited to a plant in its ordinary meaning:

    • A living plant organism which expresses a set of characteristics determined by its single, genetic makeup or genotype, which can be duplicated through asexual reproduction, but cannot otherwise be "made" or "manufactured."

    • Cultivated sports, mutants, hybrids, or transformed plants, where sports or mutants may be spontaneous or induced, and hybrids may be natural, from a planned breeding program, or somatic in source. While natural plant mutants might have naturally occurred, they must have been discovered in a cultivated area."

    https://www.uspto.gov/patents-getti...ications/general-information-about-35-usc-161


    Cannabis however is not able to be done until legalization at a federal level takes place. People can AND ARE getting their ducks in a row however.
     
    Last edited: Apr 30, 2018
    AKA Big Boss likes this.
  4.  
    AKA Big Boss

    AKA Big Boss Well-Known Member

    Human greed is limitless
     
  5.  
    phil_c

    phil_c Member

Share This Page