Plant Patents = Securing cannabis strains in the Public Domain

phil_c said:

Hey,

There's been a lot of debating around large biotech and agri corporations coming to patent and lock cannabis genetics.
It's a REAL issue that the community should really care about if we want to avoid what happened in the agricultural sector over the past decades

Below are some very interesting articles I found during the weekend. MUST READ

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

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

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justugh said:

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

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• 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."

NaturalFarmer said:

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-getting-started/patent-basics/types-patent-applications/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.

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