The way I see it, patents cover something new.
This something new has to be marketed and consumed. It has to contribute economically to be viable. This is the only way an exclusive patent can be exploited, by building a business on top of it. These businesses need to be able to carve out a market. The base incentives are to make money by marketing to consumers.
There are millions of home growers at this point, all over the world, with any untold number of different combinations of Cannabis genetics. They are mostly incentivized by quality, and naturally leads to discovery of better genetics unencumbered by patent protection.
These two forces are at odds with each other. The only way a patent should be granted is based on something novel and unique, but to exploit it, it must be better than what has come before. Growers all over the world know the best shit comes from the best genetics.
Counting on clueless consumer zombies to overwhelmingly support a patented franken-weed strain in hypothetical Federally locked down, exlusively regulated, heavily controlled markets is just a pipedream. Are you going to stop growing just to become a corporate consumer slave?
I just don’t think any of it will be enforceable in real world conditions, and even if patents are upheld, I can’t see it leading to viable products that the majority of consumers overwhelmingly desire, all in a span of 20 years in order to establish monopoly marketplace dominance.
I’m not a patent expert, I just know some things about them having worked with actual patent experts for many years. I definitely don’t know everything, I just call it how I see it.