Plant patents, trademarks, what are they and how do they work, Let’s discuss facts

Breeder's Lab
#23

Yes. Yes they can. If they use crispr they have the proof its theirs and can patent their work. Thats how it works. Patent law is about taking a large enough step from what existed before. Its how monsanto got a patent for their soybeans that are round up resistant even though soybeans have been around longer than monsanto. The round up resistence was a novel step and allowed patent. They own the genetics of the plant they altered. Not talking about selective breeding. Which, even then, you can document your work and create new things with that, just takes longer.

You’re right they cannot patent anything preexisting. But they absolutely could patent something new they made. And if those genetics start getting into the larger pool outside that strain it gets messy. Legally speaking.

#notlegaladvice

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#24

It’s my opinion that something like this won’t actually happen. Even with crispr, how would the source their original strain? It seems to me that it would be impossible to get because so many people could have a claim to it…in order to alter dna you first need dna. I think that even if the gmo strain is novel enough, they would still have to buy the original genes, which I feel would be impossible. These are just my opinions.:blush:

:four_leaf_clover::four_leaf_clover::four_leaf_clover:

#25

No, it isnt. They could take any strain right now. Doesnt matter. That is the least hard part. No one has ownership claim to the genetics.

It is not open source at all like code. That has conditions when you use it like CCL. Dont know if that is what is tripping you up. More like public domain. Anyone can do anything with it. And if they take a novel step, they can THEN patent it. .

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#26

Lol, I totally disagree. All modern strains originate from 1960s era landrace and Asian heirloom varieties. It seems to me that the original growers have claim to the strains. The landrace growers that is.

#27

Not how it works. If you go public before patenting you can no longer patent it. Just how it works. Think there is a 2 week window or 2 month window or something once the new thing is public and for sale to patent. After that, poof. They have no claim to it. It is public domain, not about who has claim, because no one does. Until you change it. Not about your agreement, how you feel about the plant, or opinion, its about patent law and the precedents that have been set.

Whether that is how it should be? Not what lawyers study. Just how it is.

Edit: its 12 months grace period. So those dudes from the 60s are like me, SOL. Not to mention any current strains are unpatenable since its illegal on the federal level. Until that goes away no ones patenting anything like this.

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#28

Well in reality laws are like water fluid, constantly changing. Sure it seems pragmatic for a corp to try and patent everything but you need to remember that weed ain’t original and a lawyer can argue all day against the patent. I would I’m not a lawyer, but I think I might make for a fairly convincing co consul or something (whatever you call it). Its about culture and politics and business it’s not as simple as simple filling the patent and saying well 40% of the dna is original new creation so we own the strain🤨…ok so maybe you own 40% of it’s dna, haha.

:four_leaf_clover::four_leaf_clover::four_leaf_clover:

#29

Sigh, sure. Ignore the monsanto precedents and see how that goes for you when you argue pro se. Im just an intellectual property lawyer, what do I know. Have a good day. Im done.

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#30

I think Monsanto is the precedent for a reason. Further, their soybean is pesticide resistant. It is quite different from a gmo MJ plant designed to make me sleep.
Based on this alone unless you have pesticide resistant weed I don’t see how the precedent is relevant.

#31

Youre right. Absolutely correct. How could I have missed it. So sorry.

#notlegaladvice

1 Like
#32

The money is in licensing a product. Walgreens licenses purple grape kush for sleep from say the “MJ cultivators of n. America” and for a reasonable donation they can sell it…
Licensing generic strains for generic purposes.

:four_leaf_clover::four_leaf_clover::four_leaf_clover:

#33

I said you were right. Not gonna argue with rando on OG. Thats what facebook is for.

#notlegaladvice

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#34

Didn’t think I was arguing :+1:.

:four_leaf_clover::four_leaf_clover::four_leaf_clover:

#35

Pick whatever word you want for what you were doing. Doesnt bother me none. I was wrong. I bow down. Im done.

#definitelynotlegaladvice

2 Likes
#36

I’ll put a notch on the headboard :wink::wink:. Hope I didn’t offend anyone…:triumph:

:four_leaf_clover::four_leaf_clover::four_leaf_clover:

#37

Nope, not offended at all, just depressed and exhausted.

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#38

You need some good weed! :grin:

:four_leaf_clover::four_leaf_clover::four_leaf_clover:

#39

I like the idea, it would need to be done properly.

True, even just a tiny bit altered, legally distinct I think is the term.

They can, and have done it already.
Enforcing it is another matter.
But it will be tough to fight Monsanto, Syngenta, ect. and win.
It will be costly too.

This is exactly what they have done to the “T”.
More to come with federal legalization too.
The fun has just begun…LOL

Like skunk # 1 with soo soo many crosses.
What if you had the rights to that.

Like phylos did and is doing right now.
Check it out you can get their genes but there is a catch. :face_with_raised_eyebrow:

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#40

Here you can find more info about phylos.
What they stole, how they stole it.
How they lied to everyone to get them to send in samples they then stole and are using as their own after using marker breeding to change things up just a tiny bit.

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#41

I remember that and thinking it was sketchy…big pharma sending out spies lol.

Yeah I have a great idea to go with the kennel club idea…trying to move prudently. I agree it has to be done correctly. I think that the 1st step is setting up a non profit.

I want to create a topological ecosystem for marijuana.

:four_leaf_clover::four_leaf_clover::four_leaf_clover:

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#42

Some said this would/could never happen…

Dark Heart Announces World’s First Intrinsically Seedless Cannabis for Commercial Producers

Heart Industries, California’s leading cannabis genetics company, today announced the world’s first seedless triploid cannabis for commercial growers. Dark Heart’s PistilGuard technology produces triploid cannabis seeds and clones that essentially cannot produce seed, even when directly exposed to pollen. This technology innovation means that triploid cannabis can be grown on the same scale as corn, wheat, or industrial hemp.

https://www.globenewswire.com/news-release/2022/01/31/2375748/0/en/Dark-Heart-Announces-World-s-

Now just add some auto genes in there and make things unclonable.
They laughed and called me names 10 years ago when I said this was all going to happen.

It has only just begun too.
Federal legalization will just make things worse.
Bayer, Syngenta … all the big AG companies are waiting to pounce when they get the green light.

These big companies like to buy smaller companies, so they are cool with the infrastructure that is currently being built on someone else’s dollar.

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Cannabis Current Events (Part 2)