Cannabis Plant Patents and Utility Patents
About the Exhibit
Cannabis is a growing industry in many states. With the legalization of marijuana in various states, many products and hybrid plants have been developed and patented. Here are two examples of hybrid plant patents which were asexually reproduced via stem cuttings and cloning methods. The inventors received patents for these plants in 2021. Happy Pineapple provides an estimated concentration of 14.50 to 18.57 percent THCmax and 0.00 percent CBDmax. PP33,391, however, contains CBDmax of 0.21 percent and THCmax of 0.13 percent.
Cannabis Utility Patents
In addition to the patenting of hybrid plants, the USPTO issues utility patents for the invention of a novel product or process, including those involving cannabis.
The U.S. House of Representatives passed the Marijuana Opportunity Reinvestment and Expungement Act on April 1, 2022. The bill is now set to go before the U.S. Senate. Should it pass, it would decriminalize marijuana federally by removing it as a Schedule I drug. Despite marijuana being currently considered illegal, the USPTO issues utility patents on cannabis related products. Here in the exhibit are two examples of recently issued patents on products infused with marijuana: consumables and rolling papers.
Many utility patents have also been granted using marijuana pharmaceutically.
Should marijuana become legal federally, researchers and entrepreneurs in all states should have an equal opportunity to take part in the burgeoning industry.