plant patents/ IP is there a future in the "strain game"?

[CaptainDankness]

I don't know, but I believe they will GMO the crap out of the strain game. They will GMO and make it so it can't be pollinated/crossed/worked.

It will take a lot of bullshit story telling for them to buy off peoples opinions. Making everyone that does it the natural way, 'look crazy'.

It's already happening at least pharmaceuticaly. Veritas Pharma looks like they're on top of the game, besides GW Pharmaceuticals.

. Intellectual Property Strategy
• Examples of plant cultivar protection include:
– Plant Breeders’ Rights Act in Canada1
– Patent Act protection for fully described and validated new uses of
specific cultivars for specific medical conditions, especially for those
strains previously recognized as being effective, or with new strains
of cannabis obtained by genetic engineering2

• Expanding IP strategy to world-wide patents
Sources: (1)

. Continue obtaining varied cannabis cultivars and carry them through the research
process

• Determine potential cultivars for clinical testing

• Continue pursuing to become a License Producer under ACMPR

• Prepare patent applications based on results.

• Dec. 2017 – Obtain a Health Canada dealer’s production license through Cannevert
so as to produce extracts and import/export cannabis varieties for research
purposes as well as provide analytical services for licensed producers

• Dec. 2017 – Feb. 2018: Complete human trial of lead strain for pain

• Feb. 2018: Provide industry setting standards for medicinal cannabis

• March. 2018: Establish delivery and dosage optimizations

All the doctors, lawyers and money involved I don't really believe recreational marijuana is going to actually happen. Jeff Sessions don't make me feel any better as well.

The full investors presentation is here on PDF.

http://veritaspharmainc.com/investors/presentations/

I first stumbled upon Veritas Pharma because they obtained the first USPTO patent on a marijuana cultivar. They certainly have some big goals and pretty interesting other than the fact they are trying to dominate medical marijuana along with GW Pharmaceuticals, Bayer (owners of Monsanto) and a few others as well.

Crazy what big money can and will do to marijuana.

Of course we can keep growing and breeding illegally like most of us have been for some time now. Though so many people didn't even start growing until the state laws allowed them to. I remember way back a bit of people would talk shit about people for breaking state laws because they were legal in California. Lol, like yeah, fed law trumps state law. Lol

But all we can do is breed our own and hope for the best, while being prepared for the worst.

 

[Kankakee]

Summary

This paper summarizes the differences between genetic engineering and traditional plant breeding, plant variety protection and patent protection, and patents on plants and patents on plant-related inventions. First, genetic engineering allows scientists to insert genetic material from one species into another in order to create an organism that expresses particular characteristics. Traditional or conventional breeding, in contrast, allows breeders to develop new plant varieties by the process of selection and seeks to achieve expression of genetic material that is already present within a species. Patent protection provides a more absolute set of rights to breeders than does plant variety protection. Finally, plant patents and patents on plant-related inventions provide breeders with largely the same exclusionary rights over particular plants.

To qualify for protection under the 1991 and 1978 UPOVs, a plant variety must be new, distinct from existing or commonly known varieties, homogenous or uniform, and stable.20 A plant variety cannot qualify as “new” if it has been sold on the market for more than a specified period of years prior to the date of application for protection. The UPOV defines “distinct” as “clearly distinguishable by one or more important characteristics from any other variety whose existence is a matter of common knowledge at the time when protection is applied for.”21 Homogeneity refers to “the particular features of [the plant’s] sexual reproduction or vegetative propagation,”22 and the UPOV Guidelines state that, to qualify as homogeneous, a variation displayed by a plant variety must be “as limited as necessary to permit accurate description and assessment of distinctness and to ensure stability.”23 Finally, the stability requirement “is a temporal one, requiring the breeder to show that the essential characteristics of its variety are homogeneous or uniform over time, even after repeated reproduction or propagation.”24

Finally, both versions of the UPOV provide for certain exceptions and limitations to the exclusive rights they confer. Nevertheless, the scope of these exceptions and limitations is much greater in the 1978 UPOV. Briefly, the UPOVs provide for a breeders’ exemption25 and a farmers’ privilege. The breeders’ exemption precludes member states from granting breeders the right to authorize or refrain from authorizing other breeders’ use of their protected variety to create new varieties or to market those new varieties.26 In other words, breeders may not wield their rights to prevent other breeders from creating new varieties or marketing those new varieties. The farmers’ privilege enables farmers to use the seeds (and other propagating materials) of protected plant varieties for noncommercial purposes without the breeders’ prior authorization. However, the 1991 UPOV, unlike the 1978 UPOV, prohibits farmers from selling or exchanging seeds with other farmers for propagating purposes.27

Critical Differences between Plant Variety Protection and Patent Protection Subject Matter

As previously mentioned, the objective of plant variety protection systems is to grant breeders control over the propagating material of protected varieties. Thus, plant breeders’ rights do not cover technical processes for the production of those varieties. In contrast, patent protection is available for both products and processes. Therefore, in a nation that grants patent protection for plants, a breeder could hypothetically obtain a patent on both the plant itself and the process used to make that plant.

Moreover, plant variety protection focuses on the vegetative and reproductive materials of a plant—only that material is eligible for protection. In contrast, some patent protection systems allow breeders to obtain patents on both plants and the key genetic material expressed by those plants.

Thus, under PVP systems, plant genetic material remains unprotected and available to the public for further research and development. In patent systems, such genetic information can be removed from the public domain and held exclusively by one individual or corporation.
Scope

The scope of the exclusive rights granted to a breeder under a TRIPS-compliant patent system is much greater than that of a typical plant variety protection system due to the exceptions and limitations present in most PVP systems.

Although both systems grant breeders similar exclusionary rights (the exclusive right to produce, sell, and market), most PVP systems provide for important exceptions and limitations to these exclusive rights, such as the farmers’ privilege and the breeders’ exemption. Because TRIPS-compliant patent systems do not allow for similar exceptions and limitations, the scope of exclusive rights conferred by patent protection is more absolute than that provided by PVP systems.

Eligibility Requirements

Qualification for protection is easier under PVP systems than under patent systems because plant breeders’ rights are specifically crafted to accommodate the peculiar needs of plant breeding. “Therefore, the criteria of distinctness, uniformity and stability are generally adapted to the mode of reproduction of the variety and can provide more flexibilities than requirements for patentability.”28

Furthermore, “neither the equivalent of utility/industrial application, nor inventive step/non-obviousness is required [under PVP systems]. Thus, no definite amount of human intervention is necessary in order to qualify for protection. Therefore, in principle, plant varieties, including plants growing in the wild, may be eligible for protection simply if they are distinct from earlier known species.”29

https://www.citizen.org/sites/defau...-variety-protection-and-patents-on-plants.pdf

 

[stim]

wow what an ackward response. Whos scared? Whos gossiping? Why don't you do some research before trying to act tough on my thread. You completely missed the point of my entire post and I sure do appreciate your broken english. Who the fuck would grow illegally when you could be the largest producer in the nation right now legally if you put your money where your mouth was.

Wow man has been ilegal and lots of people grew it, sold... and now people is scared of patents??? Why always skunkman is named in these kind of threats? Any proof of him doing so? Or just gossip?

They can patent whatever they want i will do what i want anyways, why are most of you so afraid? Or should i say paranoid? I just can't understand the same thread over and over, same shit bayer, monsanto, skunkman, now phylos too.

If they do patent them what will change? Are you going to buy their products? I do my own seeds and buy from trusted breeders. So if this happens they can suck my balls. I never thought legalisation will induce this kind of paranoia, maybe it'll be better to keep things ilegal then?

 

[stim]

spoken like a true asshole can't see the forest thru the trees much? Or do you prefer some crack with your weed? keep your chicken shit posts off here

Perfect example of the shit ppl come up with when they don't have enough to do, or want to pretend there's ever nothing to do really.
Idle hands... n all that.
Sky's always falling for some chicken shittle or other.


cheers,....................................gps

 

[dezman]

wow what an ackward response. Whos scared? Whos gossiping? Why don't you do some research before trying to act tough on my thread. You completely missed the point of my entire post and I sure do appreciate your broken english. Who the fuck would grow illegally when you could be the largest producer in the nation right now legally if you put your money where your mouth was.

I thought this is an open forum, and people can share opinions?
My broken english? I am spanish dude i do the best i can. Sorry for that( i guess).

You seem to dont get my point neither but hey i wont start a fight with a random internet superstar enjoy YOUR THREAD!!! I still dont give a shit about patents and stuff. So why do i care. Another BS thread

 

[mr.brunch]

I would rather grow illegally than be a large commercial producer... I prefer to actually care for my plants rather than set timers for feeding. And I’d rather cut plants when they are ready instead of when the timetable says they should be done...
but then I’m a grower, not a businessman.

 

[CaptainDankness]

. Who the fuck would grow illegally when you could be the largest producer in the nation right now legally if you put your money where your mouth was.

People still make moonshine...... I know Jim Beam is the largest producers of Bourbon yet I don't buy Jim Beam, crazy as it seems. Lol

 

[stim]

don't give me this crybaby BS about how you are the baddest on the planet or somehow better than everyone else I'm sure those large scale seeds producers you are probably buying all your strains from one way or another aren't some fly by night grow op get me? Everyone in the canna world knows how to pull a plant and how to grow you aren't better than everyone else and as far as what your tastes are that's good you support your local grower or shiner but in the large scheme of things who can see a small time businessman becoming the next McDonalds story or having any real impact on the canna scene in 5 or so years from now. I fight for what is legit not just talk about my grows being better I for one would like to see more growers taking a proactive stance thru educating the consumer on what trends will emerge and why maybe they should support individuals that like you said love the plant more than economics and see those people get the legit success they deserve. you trying to talk shit and call those people or myself businessmen is a chicken shit move I am telling you that whatever point you are trying to prove I'm already on top of. trying to talk shit and call me a businessman out of the side of your mouth isn't gonna happen this thread was off to a good start lets keep it that way

 

[mr.brunch]

Ha someone needs a bong hit.

 

[Kankakee]

A little more information: per USDA

Our certificates are recognized worldwide and allow faster filing of PVP in other countries. Certificate owners have rights to exclude others from marketing and selling their varieties, manage the use of their varieties by other breeders, and enjoy legal protection of their work.

In the U.S. there are 3 types of intellectual property protection that breeders can obtain for new plant varieties:

Plant Variety Protection - seed and tubers (issued by PVPO)

Plant Patents - asexually propagated plants except for edible tubers (issued by the Patent and Trademark Office (PTO)

Utility Patents - for genes, traits, methods, plant parts, or varieties (issued by the PTO)
Our services create an incentive for the development of new and improved varieties. New varieties, better suited for the environment and pest/disease control, promote agriculture production and food security for an increasing world population.

 

[Kankakee]

PVPO administers the Plant Variety Protection Act of 1970 (as amended in 1994) which provides intellectual property protection for new varieties of seed- and tuber- propagated plants. It is a fee-for-service program. Upon receiving applications, we examine them to establish that they are new, distinct, uniform and stable. We then issue certificates of protection which give owners 20 years (25 for trees and vines) of exclusive rights. The following are general program requirements:

Completion of all application forms.
Payment of fees: A fee of $4,382 must be paid with the application; a certificate fee of $768 must be paid upon issuance of the certificate. These fees are subject to change and are non-refundable. Click here for a complete list of services and fees.

Provide a variety name that doesn’t conflict with an existing name for that crop.
Deposit of seeds or tissue cultures:

3,000 viable untreated seeds of the variety; additionally for hybrids, 3,000 seeds of each parent needed to reproduce the variety.

Live tissue culture samples (for potatoes) of the variety and payment of tissue culture fees. Ten (10) separate in-vitro plants (1 plant per tube) 4 to 6 weeks old, firmly rooted in one percent agar. It is recommended that plantlets be sent by an overnight delivery service to minimize the risk of damage. Payment information is listed under services and fees.

 

[Kankakee]

What actions are people prohibited from taking with a protected variety?

Without explicit consent from the owner, a person is prohibited from: selling, marketing, offering, delivering, consigning, exchanging, or exposing the variety for sale. In addition, a person is prohibited from soliciting an offer to buy the variety or transfer or possess it in any way. It is also illegal to import or export the variety, sexually multiply it, propagate it by tuber, use the variety in producing (as distinguished from developing) a hybrid, or condition the variety for the purpose of propagation.

How is protection of the variety enforced?

The owner of a protected variety may bring civil action against persons infringing on his or her rights. The owner may ask a court to issue an injunction to prevent others from further violations. It is the owner of the protected variety who must bring suit in such cases. USDA will not take that action. In the USA, intellectual property protection for plants is provided through plant patents, plant variety protection, and utility patents. A plant variety can also receive double protection from both a utility patent and plant variety protection.

For additional information concerning utility and plant patents please contact the Patent and Trademark Office at their web site. Their web site provides answers to frequently asked questions concerning patents, guides to filing utility and plant patent applications, and access to their database.

What if I've already sold seed of my variety but would still like to have it protected?

Your variety is still eligible for protection, as long as you have not sold seed of the variety, offered or advertised it for sale for more than 1 year in the United States before your application is filed at PVPO. You have 4 years of eligibility if the variety has only been sold in a foreign country and 6 years for a tree or vine sold anywhere. Sales that occurred in order to increase the variety during seed production or as part of a trialing program might not be considered as a sale for the purpose of PVP.

https://www.ams.usda.gov/services/plant-variety-protection/pvpo-requirements

 

[WaterFarmFan]

Upon receiving applications, we examine them to establish that they are new, distinct, uniform and stable.

I think this is and will always be the main problem here. You show me a truely stable mj line that will genetically test the same every time, and I will show you some beachfront property in... It seems that you could get a patent on a clone (particular gene expression), but MJ seeds are very different. My 2 cents...

 

[WaterFarmFan]

It is like sending your DNA to one of these fraud family lineage places, who are doing deep learning and god knows what with your most intimate details, and saying that you want to patent yourself. Unless you are artificially creating seeds in a lab, parents will always produce offspring with variations.

Your variety is still eligible for protection, as long as you have not sold seed of the variety, offered or advertised it for sale for more than 1 year in the United States before your application is filed at PVPO.

The answer lies with Trademark protection in a legal environment. There is simply WAY too much prior art (existing strains & lines) for anything to eventually stick.

 

[Kankakee]

A hemp fibre line ..... the european union has over 50+ approved strains for farmers, the u.s.a zero.

Only reason I know about this in the first place. I've been collecting feral hemp searching the last three years across midwest.( wisconsin, illinois, indiana ) I found a line created by he usda in the 20's for wwII effort in 1942.

I'm growing out 7,000 seeds guerrilla this summer should have about 1,000,000 seeds when done. Once my state approves hemp production then I can work towards protection. But each acre will require 25,000 seeds as fibre lines are grown very high density. The production needed for supplying midwest farmers seed you can understand investors will want protection.

Most everyone now focused on cbd hemp lines. The usa has no infrastructure yet for processing fibre hemp like china. I'll be ready when they do a few years down the road .... I'm in no rush.

 

[Kankakee]

Lyster dewey the breeder for the usda and one of his fibre line. They average 13-15ft in height ...

One great thing about feral hemp before selection is restarted, over 70 years its acclimated against diseases and pest unlike imported european varieties from a different ecosystem or newer hybrid cbd hemp strains like otto II etc ...

 

[WaterFarmFan]

A hemp fibre line ..... the european union has over 50+ approved strains for farmers, the u.s.a zero.

Only reason I know about this in the first place. I've been collecting feral hemp searching the last three years across midwest.( wisconsin, illinois, indiana ) I found a line created by he usda in the 20's for wwII effort in 1942.

I'm growing out 7,000 seeds guerrilla this summer should have about 1,000,000 seeds when done. Once my state approves hemp production then I can work towards protection. But each acre will require 25,000 seeds as fibre lines are grown very high density. The production needed for supplying midwest farmers seed you can understand investors will want protection.

Most everyone now focused on cbd hemp lines. The usa has no infrastructure yet for processing fibre hemp like china. I'll be ready when they do a few years down the road .... I'm in no rush.

This sounds like a seriously badass project and I wish you nothing but success! My point on business in the male thread, is that for your venture to be truly successful long-term, you will need to keep your seed production volume, quality control and logistics on point and growing to meet your demand, or your protected seed won't be worth a damn, because nobody trusts your product. Patent + hard work + execution = good. Patent + sit on ass + licensing = bad.

 

[Kankakee]

I agree, someone looking for plant protection on a poly hybrid will never happen regarding thc lines ...

But the attributes in a fibre line grown over 70 years ( survival of the fittest ) works wonders all on its own. Now its all about selection and recrossing into another asian fibre line protecting P1line ive found. And working on a feminized line ....

 

[WaterFarmFan]

I agree, someone looking for plant protection on a poly hybrid will never happen regarding thc lines ...

Any everything else has been is seed form for a long time, and therefore qualifies as prior art - https://en.wikipedia.org/wiki/Prior_art

So...

 

[Henry_420]

Below are some very interesting articles I found during the weekend. MUST READ if you wanna avoid your creations to be patented by big pharma and biotech...

BREEDERS’ RIGHTS AND THE PRESERVATION OF CANNABIS CULTIVARS – PART 1

BREEDERS’ RIGHTS AND THE PRESERVATION OF CANNABIS CULTIVARS – PART 2