How to Patent a Cannabis Strain

Are you a cannabis grower looking for ways to protect your unique strains and products? If you are, patenting can be an effective way to ensure that your innovative product stands out from the competition.

In this article, we discuss what types of patents are available for cannabis, the requirements for successful patent applications, and potential concerns regarding protecting your intellectual property. Read on to learn more about how patenting can help you in the booming cannabis industry!

Can You Patent a Cannabis Strain?

The answer to this question is both “yes” and “no.” While cannabis is still not federally legal in the United States, it can be patented through specific state laws or even international regulations. In other words, if you have a unique strain that cannot be found anywhere else, you may be able to patent it. However, there are some caveats that must be taken into consideration first.

Patenting Cannabis While Not Federally Legal

Although many states have legalized cannabis, it is still illegal at the federal level. This means that any federally issued patents for cannabis products or strains may not be valid. However, in the states where marijuana has been decriminalized, there are many opportunities to patent unique strains and products.

Unfortunately, because cannabis is still not federally legal in the United States, getting a patent for your cannabis strain can be a complicated and potentially expensive process.

First, you need to identify the type of patent best suited for the strain you are attempting to protect. As discussed in the next section, two main types of patents can be used for cannabis—plant and utility patents.

Types of Cannabis Patents That Succeed

When it comes to protecting your unique cannabis strains and products, these are the most common cannabis patents.

Plant Patents for Cannabis

The first cannabis patent is a plant patent, which focuses on the biological aspects and characteristics of the strain. This type of patent covers the genetic makeup and morphological traits of your strain, as well as any unique methods used to cultivate it. It applies to someone who discovers or manufactures a new plant not encountered naturally in the wild. It will protect this plant and its direct descendants.

Design Patent for Cannabis

The second type of patent that can be used to protect cannabis strains and products is a design patent. This type of patent covers the ornamental aspect of your strain, such as its appearance or aroma. In other words, if you have developed a strain with unique visual characteristics or an attractive scent, this type of patent could provide you with protection for your strain.

Utility Patents for Cannabis

The third and final type of patent is a utility patent, which covers the non-biological aspects of the strain, such as its chemical composition or method of extraction. This type of patent focuses on the practical uses and benefits that your strain can provide rather than its genetic makeup. this type of patent can help protect those characteristics from being replicated by your competition.

If you are a marijuana entrepreneur, the main patents you will obtain for your enterprise are the plant and utility patents. Note that the trend of approving marijuana strain patents has only increased in parallel with legalization patterns in the US. We expect that trend to continue this way for the foreseeable future.

Cannabis Patent Requirements

No matter which type of patent you choose to pursue for your cannabis strain, there are a few requirements that must be met. First, the strain must be novel and distinct, meaning that it must not have been previously disclosed or described in any way.

Additionally, the strain must also provide a useful purpose or function and be capable of being reproduced identically each time it is grown. Finally, you will need to demonstrate that your strain is distinct from any other strains currently available, both for the type of cannabis and for the type of use it provides.

Cannabis Patent Application Requirements

First, verify that your strain hasn't already been patented by searching the US Patent and Trademark Office (USPTO) database. Then, look at other qualifying patents for similar products to see what information you need and what to include to ensure your strain is unique.

Next, do the foundational legwork to determine the type of patent you are applying for. Your goal at this point is to apply for a utility patent if possible, since it offers the broadest safeguards.

The next step is to file a provisional application to get your spot that ensures no one beats you in a patent race. For instance, a competitor could discover a cannabis strain similar to yours and might be rushing it to market it the same way you are.

The patent office will review your application and decide whether or not to approve it. The process can be lengthy, so make sure to factor that into your timeline when launching your product.

Once you have been granted a cannabis patent, you'll need to actively participate and stay on top of this part of the patent process to keep things moving.

Lastly, when you are granted your patent, enforce it as often as needed so that you can retain the protections it offers your cannabis brand.

How Expensive are Cannabis Patents?

The cost of obtaining a patent for your cannabis strain can vary greatly depending on the type of patent you choose to pursue, and the amount of work required. Generally, utility patents tend to be more expensive than plant patents because they require more detailed descriptions and research. Filing fees must also be considered when budgeting for a cannabis patent.

But, generally speaking, the cost of obtaining a patent is $5K to $8K. Still, you should budget between $15K and $20K to complete the patenting process for your cannabis strain or product. Note that patenting a marijuana strain is usually worth the investment when you consider the potential revenue you can earn and the fact that it protects your intellectual property and creates an opportunity to build a brand.

Concerns Involved with Cannabis Patents: “Patent Trolls”

Once you have successfully obtained a patent for your strain, there is still a chance that someone else may try to claim ownership of your intellectual property. This is often referred to as patent trolling, and it can be a frustrating and expensive process to fight against.

To protect yourself from patent trolls, it is important to register your patent in multiple countries or jurisdictions if necessary. Additionally, you should also consider seeking legal advice from an experienced patent lawyer so that you are aware of any potential loopholes that could be exploited by these opportunists.

How Long Does a Patent Last?

A utility patent typically lasts 20 years, although a provisional patent only has one year of protection. After that point, you will need to renew your patent if you wish to continue protecting your intellectual property.

Cannabis Patent Takeaways

In summary, patenting your cannabis strain can be a great way to protect your unique products and ensure they stand out in an increasingly competitive market. While the process of obtaining a patent may seem intimidating at first, if you follow the guidelines outlined above and seek professional advice when necessary, you can make sure that your innovation is protected for years to come.

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If you are a new or established cannabis business and want to take your marketing strategies to the next level, contact us at Green Leaf Marketers or send an email to info@greenleafmarketers.com.