All this talk about what can not be patented concerning cannabis, what can be ?

[shaggyballs]

All this talk about what can be patented and what cannot has my head spinning.

So I am trying to wade throught the mire on this topic and it is not easy.

Is anyone able to clear the air on this muddy topic?

Thanks in advance!
Shag

 

[shaggyballs]

Cannabis patents are being issued right now. And it won’t be long before cannabis companies start fighting over them. Other factors being equal, the winners of the cannabis patent wars will dominate the post-prohibition industry.

A plant patent grants protection to a cannabis varietal by giving its owner the right to prevent others (that is, someone who does not have a license from the owner of the patent) from reproducing, using, importing or selling that cultivar or any of its parts in the United States.

Traditionally, the majority of plant patents have been granted for horticultural varieties. However, on Dec. 16, 2016, the first plant patent covering a cannabis variety (PP27,475) was issued.

Key criteria that must be met for a cannabis varietal to be eligible for a plant patent are: a) it must be new — which means it cannot have been disclosed or offered for sale more than one year prior to filing a plant patent application; b) it must be asexually reproduced; c) the asexually reproduced varietal must have been the product of plant breeding or have been discovered on cultivated land; and d) it must be stable and distinctive.

 

[shaggyballs]

If you've got a variety of cannabis related to the samples provided by Hortapharm, and find yourself on the wrong end of the law and your plants are then analyzed and found to be genetically related to the samples provided by Hortapharm.

That information can then be used as evidence to support a conspiracy in cultivation charge not just against you, but perhaps those who provided the seeds to you and even the breeder themselves.

 

[Rocky Mtn Squid]

The infant legalized cannabis industry is breaking down barriers and providing new windows of opportunities to make large sums of $$$$. Because of this, nefarious low life bottom feeders have come out of the wood work like sharks smelling blood.

Such is life in the business world. It's been that way since man crawled out of the slime.



RMS

 

[Ibechillin]

I still plan on growing out all the bagseeds I find lol.

 

[shaggyballs]

Who owns cannabis plant protection and what does it protect?

Who owns cannabis plant protection and what does it protect?

https://www.cannalawblog.com/cannabis-patents-the-101/

Under U.S. federal law, new plant varieties can be protected under the Plant Variety Protection Act (PVPA), as a plant patent under the Plant Patent Act (PPA), or as a utility patent under the Patent Act. Plant varieties could also be trade secrets or subject to contractual (licensing) protection.

PVPA: The Plant Variety Protection Act protects sexually reproduced (by seed) or tuber-propagated plant varieties, except for fungi or bacteria. The statute, which is administered by the Department of Agriculture, usually provides 20 years of almost-exclusive rights after the date on which the plant variety is certified. A variety for which PVPA certification is sought must be new, which is similar to the novelty requirement under the Patent Act. The variety must also be distinct, uniform, and stable, accordingly to USDA regulations. A certificate holder may pursue civil infringement remedies in court.

PPA: The Plant Patent Act protects asexually reproduced (e.g., by cuttings, grafting and budding) plant varieties, which are not tubers. For PPA protection, the Patent and Trademark Office requires that a variety be new, nonobvious, and have some de minimus utility, among other things. These requirements are common to all U.S. patents, and are the subject of extensive statutory and case law interpretation. In addition, a patented plant must differ from known plants by at least one distinguishing characteristic which is more than that caused by different growing conditions or fertility. A plant patent is limited to one genome of the plant, so that mutations or hybrids would not be covered in the patent, but would be separately patentable. Plant patents expire 20 years after the filing date of the application for the patent. A patentee may pursue civil infringement remedies in court.

Patent Act: Utility patents under non-Plant Patent Act law can be granted for plants, seeds, plant varieties, plant parts (e.g., fruit and flowers), and processes of producing plants, plant genes, and hybrids. As with other patents, a variety sought to be patented must be new, nonobvious, and have some utility, among other things. Civil infringement remedies are available in court.

Trade secrets/licensing: Though trade secret protection might be available to plant varieties, the ability of a skilled person to independently reproduce the variety in question could eliminate any protectable secret. Some breeders have sought to protect plant varieties by licensing contracts that purport to limit the use or distribution of the variety. Often known as “bag-tag” or “seed-bag” licenses, these are generally covered by state law.

The PVPA, the PPA, and the Patent Act all provide exclusive rights for 20 years, which can be enforced in court. The PVPA and the PPA differ primarily depending on whether the plant is sexually (PVPA) or asexually (PPA) reproduced. Utility patents may have more stringent requirements for applications than plant patents, but generally offer broader protections than plant patents. In particular, whereas a plant patent has only a single claim that defines the scope of the patent, a utility patent can have multiple claims, each addressing different parts of the plant or ways of using the plant that are disclosed in the specification of the patent. Also, utility patents are available for both sexually and asexually reproducing plants.

IP protection for cannabis plants used to be theoretical, but this changed recently. In the last two years, the PTO has issued plant patents, e.g., U.S. PP27475 P2 (Cannabis Plant Named ‘Ecuadorian Sativa’), and utility patents, e.g., U.S. 9,095,554 (Breeding, Production, Processing, and Use of Specialty Cannabis). In the next installment of the Cannabis Patent Primer, I will discuss what cannabis patents mean to the cannabis industry and try to dispel some of the patent myths common to the industry.

 

[shaggyballs]

Plant breeders' rights (PBR), also known as plant variety rights (PVR)
Plant breeders' rights (PBR), also known as plant variety rights (PVR), are rights granted to the breeder of a new variety of plant that give the breeder exclusive control over the propagating material (including seed, cuttings, divisions, tissue culture) and harvested material (cut flowers, fruit, foliage) of a new variety for a number of years.

With these rights, the breeder can choose to become the exclusive marketer of the variety, or to license the variety to others.
In order to qualify for these exclusive rights, a variety must be new, distinct, uniform and stable.

A variety is:

• new if it has not been commercialized for more than one year in the country of protection
  
• distinct if it differs from all other known varieties by one or more important botanical characteristics, such as height, maturity, color, etc.
  
• uniform if the plant characteristics are consistent from plant to plant within the variety stable if the plant characteristics are genetically fixed and therefore remain the same from generation to generation, or after a cycle of reproduction in the case of hybrid varieties.

 

[shaggyballs]

KEY POWERFUL ENTITIES TO KNOW

Intellectual Property when it comes to plants, follows the standards and requirements from government or international agencies. In this article, we will refer to key institutions that determine how IP applies to -cannabis- plants.

The USPTO (U.S. Patent and Trademark Office) defines and enforces the requirements and procedures through which Plant Patents and Utility Patents are delivered in the US.

The USDA (U.S. Department of Agriculture -PVPO) defines and enforces the requirements and procedures through which Plant Variety Protection Certificates are delivered in the US.

The CFIA (Canadian Food Inspection Agency) defines and enforces the requirements and procedures through which Plant Breeders’ Rights (PBR) are delivered in Canada.

The UPOV (Union for the Protection of New Varieties of Plants) defines the international standards for Plant Variety Protection in member countries.

Plant Protection bodies/offices in member countries must follow UPOV’s guidelines and standards to obtain and maintain their membership. 75 countries are members of the UPOV, including the U.S. through the USPTO and the USDA (its Plant Variety Protection Office), Canada through the CFIA, and European countries. Hence, plant protection standards across those countries are rather consistent, but certainly not identical. The UPOV provides the contact information of the national agencies responsible for Plant Variety Protection in each member country (e.g. the Netherlands, Spain, etc.)

 

[Drewsif]

Psst, I've got some Olmeca Kumato SX387 cuttings, I've heard the online blackmarket is interested

 

[shaggyballs]

PATENTING CANNABIS PLANTS

PRINCIPLES

Plant Variety Protection is a form of Intellectual Property rights that can be granted to plant breeders in order to protect their new varieties, like an inventor protects a new invention with a patent. With the grant of such rights for a new plant variety, a breeder obtains exclusive rights in relation to the propagating material of her/his variety or cultivar. At expiration of such rights, the creation falls into the public domain and can be used freely by third parties.

For instance, the CFIA says: “The holder is then able to protect the variety from exploitation by others and can take legal action against individuals or companies that are conducting acts, without permission, that are the exclusive rights of the holder.”

We could debate around the benefits of such rights and success of plant protection frameworks, but these are in theory intended to stimulate plant breeding and conservation.

The rights are only valid in countries where applied for and consequently granted. To obtain protection in other countries, an applicant must apply separately to the appropriate authority. An application originally filed in a member country of UPOV, may serve as a basis for claiming priority for a plant protection application filed in another UPOV member country. For instance, a breeder who obtained a PVP certificate in the US may claim priority for a PBR in Canada, for the same plant, and for plant protection in any other member country of UPOV. However, it doesn’t waive the need to apply for and obtain such protection in each country, while paying associated fees.

ELIGIBILITY REQUIREMENTS
A breeder of a new cannabis cultivar can apply for plant protection. It may also be the breeder’s employer or “legal representative”. The applicant may be an individual, a company or an organization. Whether applying in the US or in Canada, you will generally be represented by a local IP agent or lawyer through the process if you do not reside int the country of application.

The owner of a (cannabis) cultivar can be granted a Plant Variety Protection (US) or Plant Breeder’s Rights (Canada) if it can be demonstrated that the variety is:

New;
Distinct;
Uniform; and
Stable.

What is “New”?
The cultivar may be sold for up to 1 year prior to the date the application, beyond 1 year, it is no longer considered new and therefore no longer eligible. The cultivar, may have been sold outside of the US or Canada for up to 4 years prior to the date of application within either of the country. If sold for more than 4 years in a foreign country, it is no longer eligible. Hence, in our cannabis context, the vast majority of identified “strains” are therefore in the public domain and no longer eligible, in theory…

What is “Distinct”?
A (cannabis) cultivar must be measurably different from all varieties of common knowledge which are known to exist at the time the application was filed. A variety of common knowledge includes a variety already being cultivated or exploited for commercial purposes or a variety described in a publication that is available to the public. While this requirement makes any landrace variety obviously ineligible for protection (e.g. PVP, PBR or Plant Patent), it is of key importance to breeders, as many of the “hybrid strains” currently available may be sitting in a grey area.

What is “Uniform”?
A cultivar must be sufficiently uniform in its relevant characteristics, subject to the variation that can arise from the method of propagation. However, variation should be predictable to the extent that it can be described by the breeder, and should be commercially acceptable. This is also a material criterion that is usually uneasy to answer with cannabis cultivars, where few true breeding / stabilized lines actually exist.

What is “Stable”?
A cultivar must remain true to its description over successive generations. The key characteristics of the cultivar, used to support the plant protection application, must remain stable through several generations of seed or clone propagation.

 

[shaggyballs]

Guide To Plant Breeders' Rights In Canada
http://www.inspection.gc.ca/plants/...verview/guide/eng/1409074255127/1409074255924

USDA’s Plant Variety Protection guide
https://www.ams.usda.gov/services/plant-variety-protection/pvpo-application-requirements

 

[shaggyballs]

LIMITATIONS TO THE RIGHTS
There can be a few, but sometimes material, exceptions to the rights of breeders who obtained a protection on their “strain”. This is where we can observe significant differences from a country to another. In the US, a PVP Certificate gives its holder more control on the distribution and propagation of her/his cultivar, leaving fewer options to third parties to use and abuse the “strain”. In Canada, PBRs can be slightly more constraining on the holder. Below is a non-exhaustive list of possible exceptions depending on the country:

When for private and non-commercial purposes, a third party may grow and propagate the protected cultivar
For experimental purposes, protected varieties may be used in research
Protected varieties may be used for breeding and developing new plant varieties according to the Canadian PBR (!)
Note that, certain national plant protection acts (including the Canadian PBR) can feature mechanisms to ensure that protection holders (breeders) make the protected cultivar available to the public at reasonable prices, widely distributed, that reproductive material of high quality is available…
Finally, revocation, annulation or cancellation of exclusive rights is possible in Canada and the US under certain specific conditions which can be and do not limit to:

the variety was not distinct, uniform or stable when rights were granted;
the variety was sold prior to application in contradiction with applicable plant protection act
the holder was not entitled to the grant of rights
the holder failed to pay the annual renewal fee
the holder was unable to supply propagating material of the variety
the holder was unable to prove that the variety was being maintained
the holder failed to comply to a request to change the denomination
the variety is no longer uniform or stable

 

[shaggyballs]

CONCLUSION
While we did want to cover the topic of “cannabis strain patenting” in this article, breeders remain the sole decision-makers when it comes to protecting their creations. In theory, the vast majority of existing cultivars is in the public domain and not eligible for plant protection (e.g. PVP, PBR or Plant Patent) for the simple reason that they have been available to the public for more than a year (i.e. they are not new). In such cases, breeders should still make sure that their cultivars are known in the public domain in order to prevent any third-party from “patenting” their own creation (i.e. an overreaching PVP, PBR or Plant Patent). The USPTO, PVPO and CFIA consult the data available on public domain creations prior to allowing plant protection on a cultivar. Breeders with cultivars who believe are eligible for plant protection may decide that their creations are worth putting the money and efforts to obtain a PVP, a PBR or a Plant Patent (potentially in various countries). PVP Certificates and PBRs imply spending several thousands of dollars to obtain and maintain associated “exclusive rights”. The cost is even higher for Plant or Utility Patents.

And by the way… PVP Certificates or PBRs do not give you protection on themselves, you need to enforce them. That means that obtaining a PBR or PVP Certificate, is actually an authorization to spend more time, money and efforts to track, demonstrate and fight if/when someone used your cultivar without your prior consent. We quickly see that this is not a practical nor sustainable approach for many cannabis breeders. Add the potential obligations that come with some of these rights and you are probably already looking for another way…

That’s where it becomes interesting. Once you know what it takes to obtain a protection/exclusive rights on a plant variety or cultivar, you can take precautions to avoid someone to steal your creation and “put a patent on it”, in order to later harvest the fruits of your passion and skills. Keep this article in your favorites, come back to it as many times as you need to develop your strategy to protecting biodiversity.

 

[CannaRed]

PATENTING CANNABIS PLANTS

PRINCIPLES

Plant Variety Protection is a form of Intellectual Property rights that can be granted to plant breeders in order to protect their new varieties, like an inventor protects a new invention with a patent. With the grant of such rights for a new plant variety, a breeder obtains exclusive rights in relation to the propagating material of her/his variety or cultivar. At expiration of such rights, the creation falls into the public domain and can be used freely by third parties.

For instance, the CFIA says: “The holder is then able to protect the variety from exploitation by others and can take legal action against individuals or companies that are conducting acts, without permission, that are the exclusive rights of the holder.”

We could debate around the benefits of such rights and success of plant protection frameworks, but these are in theory intended to stimulate plant breeding and conservation.

The rights are only valid in countries where applied for and consequently granted. To obtain protection in other countries, an applicant must apply separately to the appropriate authority. An application originally filed in a member country of UPOV, may serve as a basis for claiming priority for a plant protection application filed in another UPOV member country. For instance, a breeder who obtained a PVP certificate in the US may claim priority for a PBR in Canada, for the same plant, and for plant protection in any other member country of UPOV. However, it doesn’t waive the need to apply for and obtain such protection in each country, while paying associated fees.

ELIGIBILITY REQUIREMENTS
A breeder of a new cannabis cultivar can apply for plant protection. It may also be the breeder’s employer or “legal representative”. The applicant may be an individual, a company or an organization. Whether applying in the US or in Canada, you will generally be represented by a local IP agent or lawyer through the process if you do not reside int the country of application.

The owner of a (cannabis) cultivar can be granted a Plant Variety Protection (US) or Plant Breeder’s Rights (Canada) if it can be demonstrated that the variety is:

New;
Distinct;
Uniform; and
Stable.

What is “New”?
The cultivar may be sold for up to 1 year prior to the date the application, beyond 1 year, it is no longer considered new and therefore no longer eligible. The cultivar, may have been sold outside of the US or Canada for up to 4 years prior to the date of application within either of the country. If sold for more than 4 years in a foreign country, it is no longer eligible. Hence, in our cannabis context, the vast majority of identified “strains” are therefore in the public domain and no longer eligible, in theory…

What is “Distinct”?
A (cannabis) cultivar must be measurably different from all varieties of common knowledge which are known to exist at the time the application was filed. A variety of common knowledge includes a variety already being cultivated or exploited for commercial purposes or a variety described in a publication that is available to the public. While this requirement makes any landrace variety obviously ineligible for protection (e.g. PVP, PBR or Plant Patent), it is of key importance to breeders, as many of the “hybrid strains” currently available may be sitting in a grey area.

What is “Uniform”?
A cultivar must be sufficiently uniform in its relevant characteristics, subject to the variation that can arise from the method of propagation. However, variation should be predictable to the extent that it can be described by the breeder, and should be commercially acceptable. This is also a material criterion that is usually uneasy to answer with cannabis cultivars, where few true breeding / stabilized lines actually exist.

What is “Stable”?
A cultivar must remain true to its description over successive generations. The key characteristics of the cultivar, used to support the plant protection application, must remain stable through several generations of seed or clone propagation.

stability. - I understand that most seed strains aren't stable. Massive amounts of phenotypes.
But how would several generations of clones NOT be stable?

 

[shaggyballs]

It can get pretty confusing.
Some say GW Pharm has a patent on a production clone.
Well we were told over and over Cannabis plants can not be patented right?

Well Forbs must not be telling the truth here....LOL

https://www.forbes.com/sites/juliew...bis-patents-to-a-growing-market/#302e6d0e68d4

Can cannabis plants be patented?

Yes, this is presently a small area of activity, but may also represent opportunity.
Plants can be patented in two ways, by way of “utility patents” (like 95% of all patents) or by way of a separate “plant patent” category. Utility patents are much stronger; plant patents are narrowly focused on a single “parent” plant and its direct descendants.
By my count, there are currently only 5 US plant patent cases (4 pending applications, 1 issued patent), and 11 utility plant-directed patent cases (8 pending applications, 3 issued patents).

Two companies are currently the main players in plants: the plant-focused Biotechnology Institute (Los Angeles CA) has 3 issued patents as well as 2 pending applications, and GW Pharmaceuticals (UK) has two plant-focused applications.
GW is notable for having the largest cannabis-directed portfolio (80+ US cases) of all companies in the space, and is particularly focused on methods of treating diseases.