Posts Tagged: "plant patents"

The Complicated Relationship Between IP Law & Cannabis

For the innovators capitalizing on the legal growth, distribution, and commercial sale of cannabis, the procurement of intellectual property rights can go a long way in the monetization of their ideas, products, and services. As with any new venture, solidifying an IP protection strategy early on can maximize the benefits of a new invention and minimize risk the of potential infringement. This rings especially true in a field where so few patents, copyrights, and trademarks have been issued… It is not impossible to secure IP rights on cannabis-related inventions, but there are a number of factors to consider and a number of complexities to be aware of.

Junior party prevails at USPTO in Interference between Plant Patent and Utility Application

Sheehan contended that Dulcich, without permission, grafted Sheehan’s “Great Green” in 2010 and filed for a plant patent in 2012 claiming the “Great Green” as its own JPD-001 (“Green Emerald”). Dulcich’s plant patent on JPD-001 issued on March 18, 2014, while Sheehan’s own application on Great Green was pending… Meanwhile, Sheehan is seeking to have a stay lifted in co-pending litigation in the Eastern District of California between the same parties addressing allegations relating to conversion, unfair competition and trade secret misappropriation.

What is a patent and where do patent rights come from?

A patent is a proprietary right granted by the Federal government pursuant to laws passed by Congress. The Congressional power to authorize patents is found in Article I, Section 8, Clause 8, of the United States Constitution. exclusive rights are provided for a limited time as an incentive to inventors, entrepreneurs and corporations to engage in research and development, to spend the time, energy and capital resources necessary to create useful inventions; which will hopefully have a positive effect on society through the introduction of new products and processes of manufacture into the economy, including life saving treatments and cures. See Kewanee Oil Co. v. Bicron Corp., 416 U.S. 470, 480 (1974).

Applying for a Patent in the U.S.

A patent is a proprietary right granted by the United States federal government to an inventor who files a patent application with the United States Patent Office. Therefore, unlike copyright and trademark protection, patent protection will only exist upon the issuance of a patent, which requires you to file a patent application. You absolutely must file a patent application and have that application mature into an issued patent in order to obtain exclusive rights to your invention.