Monday, July 24, 2017

US Patent Office Issuing Cannabis Patents To A Growing Market; Forbes, July 24, 2017

Julie Weed, Forbes; US Patent Office Issuing Cannabis Patents To A Growing Market

"Can cannabis plants being [sic] 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."

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