Government medicinal cannabis bill to be tested in Parliament

[Stiritup420]

ok  thanks, perhaps my info is not correct.. I am not sure where I read it.. Maybe I am wrong but I don't think pharmaceutical companies can patent a plant itself as medicine.  Ill have to research that some more when I'm not so wasted

Edited February 15, 2016 by Stiritup420

[Naycha]

You absolutely can patent a plant. At least you can patent a hybrid that you produce. This is common in the cut flower industry, probably veges e.t.c.

 

Look up PVR, plant variety rights.

 

 

Plant Breeder's Rights (PBR) are used to protect new varieties of plants that are distinct, uniform and stable.

A PBR is legally enforceable and gives you, the owner, exclusive rights to commercially use it, sell it, direct the production, sale and distribution of it, and receive royalties from the sale of plants.

 

 

That's really a separate issue from what stiritup420 was arguing.

 

I have no problem with a person or a company using PBR if they have spent the time and money developing a new, distinct, uniform, and stable variety of Cannabis.

[forgetiwashere]

Who knows maybe having PBR's etc might be motivation for breeders to actually start locking down traits instead of just finding one good male and crossing clones to it. Could be a good thing

[Gumby1]

big buddah has recently put a patent out on "cheese" cannabis strains.

 

which i think is kinda unfair.

[Gumby1]

not sure if this link will work or not.

 

https://www.gorilla-cannabis-seeds.co.uk/blog/article/2089/say-cheese-oops-i-meant-mozzarella.html?utm_campaign=Cool+News%3A+TradeMarks+Template&utm_source=emailCampaign&utm_medium=email&utm_content=

[Naycha]

big buddah has recently put a patent out on "cheese" cannabis strains.

 

which i think is kinda unfair.

 

A trademark is different to a patent. It doesn't look like they have an international trademark, maybe they have a trademark in a particular country. Either way I highly doubt other breeders will be unable to use the word 'cheese'.

[Gumby1]

hehe my bad.

 

either way.. i was kinda disheartened by it.

[wannagrowbuds]

The US Government already has a valid patent on cannabis, so while it might not be ethical, legally it is possible.

[Stiritup420]

That is not actually correct.. I don't see how anyone can patent the plant itself if they didn't make it or discover it. A variety perhaps but not the cannabis plant.
 
Looks like they just lay claim to something and do what they want as usual.

Patent No. 6630507, held by the United States Department of Health and Human Services, covers the use of cannabinoids for treating a wide range of diseases.

Under U.S. federal law, marijuana is defined as having no medical use. So it might come as a surprise to hear that the government owns one of the only patents on marijuana as a medicine.

The patent (US6630507) is titled “Cannabinoids as antioxidants and neuroprotectants” and was awarded to the Department of Health and Human Services (HHS) in October 2003.

It was filed four years earlier, in 1999, by a group of scientists from the National Institute of Mental Health (NIMH), which is part of the National Institutes of Health (NIH).

The patent claims exclusive rights on the use of cannabinoids for treating neurological diseases, such as Alzheimer’s, Parkinson’s and stroke, and diseases caused by oxidative stress, such as heart attack, Crohn’s disease, diabetes and arthritis.

Cannabinoids are a diverse class of compounds that include many of the unique compounds found in marijuana. A number of experts, including CNN’s chief medical correspondent Dr. Sanjay Gupta, have noted the contradiction between federal marijuana law and the government’s patent.


“The United States government owns a patent on marijuana as a medical application… So we have a patent through our Department of HHS on marijuana as a therapeutic and we also schedule it as a Schedule I.”

It is easy to think of the patent as a patent on marijuana itself. However, this would be inaccurate, since the patent actually covers non-psychoactive cannabinoids (both synthetic and natural), meaning those that don’t cause a high.

The patent also covers only a specific application of these cannabinoids and not the production or use of marijuana and cannabinoids overall.

Full article here http://www.leafscience.com/2014/07/25/u-s-government-patent-marijuana/

Edited February 16, 2016 by Stiritup420

[Naycha]

The US Government already has a valid patent on cannabis, so while it might not be ethical, legally it is possible.

 

Cannabis cannot be patented. New varieties of Cannabis that have been bred or discovered and have also been asexually reproduced and proven to be stable can be patented (which is much the same as Plant Breeders Rights).

 

New varieties that have been discovered in an uncultivated state cannot be patented, eg you cannot patent a new variety of plant that you discovered in the jungle, you can patent a new variety of plant you discovered in your greenhouse whether you bred that plant or it is just a sport, mutant, or a naturally occurring hybrid.

 

The patent has a limit of 20 years.