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ARTICLE · 24 DECEMBER 2020

Cannabis Patents: Which Type Is Right For You?

It's been a little while since we've talked about patent protection on the blog, but a recent consultation reminded me a primer on the different types of patents potentially available could be...

United StatesIntellectual Property

It's been a little while since we've talked about patent protection on the blog, but a recent consultation reminded me a primer on the different types of patents potentially available could be beneficial. Here in the United States, there are three broad categories of patents, all of which are governed by the Patent Act (or more formally, Title 35 of the United States Code). I'll cover each below.

Plant patent

At its base, a plant patent protects a new plant created by a person. It can be granted to anyone who:

invents or discovers and asexually reproduces any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state. 35 U.S.C. § 161.

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