USA Holds Patent on Cannabinoids
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canadarolls
Well-Known Member
What are the possible implications of this patent?
Proof that the schedule 1 status of Cannabis is a total scam?
canadarolls
Well-Known Member
That would be wonderfull yes.
Gaining a patent on thc though, are they allowed to sue you or me for growing a plant that produces "their" compound?
Gaining a patent on thc though, are they allowed to sue you or me for growing a plant that produces "their" compound?
canadarolls
Well-Known Member
I mean can I patent a carrot?
No one else allowed to have but me!
Its a naturally occurring compound so how does a patent become approved anyway. ..
No one else allowed to have but me!
Its a naturally occurring compound so how does a patent become approved anyway. ..
They didn't patent the plant; just the use of Cannabinoids as anti-oxidants and neuro-protectants, which gives them “the right to exclude others from making, using, offering for sale, or selling” Cannabinoids as anti-oxidants and neuro-protectants.
From the USPTO website:
A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, patent term extensions or adjustments may be available.
The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention.
Once a patent is issued, the patentee must enforce the patent without aid of the USPTO.
From the World IPO Website FAQ -
What Role do Patents Play in Everyday Life?
Patented inventions have, in fact, pervaded every aspect of human life, from electric lighting (patents held by Edison and Swan) and plastic (patents held by Baekeland), to ballpoint pens (patents held by Biro) and microprocessors (patents held by Intel, for example).
All patent owners are obliged, in return for patent protection, to publicly disclose information on their invention in order to enrich the total body of technical knowledge in the world. Such an ever-increasing body of public knowledge promotes further creativity and innovation in others. In this way, patents provide not only protection for the owner but valuable information and inspiration for future generations of researchers and inventors.
How is a Patent Granted?
The first step in securing a patent is the filing of a patent application. The patent application generally contains the title of the invention, as well as an indication of its technical field; it must include the background and a description of the invention, in clear language and enough detail that an individual with an average understanding of the field could use or reproduce the invention. Such descriptions are usually accompanied by visual materials such as drawings, plans, or diagrams to better describe the invention. The application also contains various "claims", that is, information which determines the extent of protection granted by the patent.
What kinds of Inventions can be Protected?
An invention must, in general, fulfill the following conditions to be protected by a patent. It must be of practical use; it must show an element of novelty, that is, some new characteristic which is not known in the body of existing knowledge in its technical field. This body of existing knowledge is called " prior art". The invention must show an inventive step which could not be deduced by a person with average knowledge of the technical field. Finally, its subject matter must be accepted as "patentable" under law. In many countries, scientific theories, mathematical methods, plant or animal varieties, discoveries of natural substances, commercial methods, or methods for medical treatment (as opposed to medical products) are generally not patentable.
Who grants Patents?
A patent is granted by a national patent office or by a regional office that does the work for a number of countries, such as the European Patent Office and the African Regional Intellectual Property Organization. Under such regional systems, an applicant requests protection for the invention in one or more countries, and each country decides as to whether to offer patent protection within its borders. The WIPO-administered Patent Cooperation Treaty (PCT) provides for the filing of a single international patent application which has the same effect as national applications filed in the designated countries. An applicant seeking protection may file one application and request protection in as many signatory states as needed.
From the USPTO website:
A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, patent term extensions or adjustments may be available.
The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention.
Once a patent is issued, the patentee must enforce the patent without aid of the USPTO.
From the World IPO Website FAQ -
What Role do Patents Play in Everyday Life?
Patented inventions have, in fact, pervaded every aspect of human life, from electric lighting (patents held by Edison and Swan) and plastic (patents held by Baekeland), to ballpoint pens (patents held by Biro) and microprocessors (patents held by Intel, for example).
All patent owners are obliged, in return for patent protection, to publicly disclose information on their invention in order to enrich the total body of technical knowledge in the world. Such an ever-increasing body of public knowledge promotes further creativity and innovation in others. In this way, patents provide not only protection for the owner but valuable information and inspiration for future generations of researchers and inventors.
How is a Patent Granted?
The first step in securing a patent is the filing of a patent application. The patent application generally contains the title of the invention, as well as an indication of its technical field; it must include the background and a description of the invention, in clear language and enough detail that an individual with an average understanding of the field could use or reproduce the invention. Such descriptions are usually accompanied by visual materials such as drawings, plans, or diagrams to better describe the invention. The application also contains various "claims", that is, information which determines the extent of protection granted by the patent.
What kinds of Inventions can be Protected?
An invention must, in general, fulfill the following conditions to be protected by a patent. It must be of practical use; it must show an element of novelty, that is, some new characteristic which is not known in the body of existing knowledge in its technical field. This body of existing knowledge is called " prior art". The invention must show an inventive step which could not be deduced by a person with average knowledge of the technical field. Finally, its subject matter must be accepted as "patentable" under law. In many countries, scientific theories, mathematical methods, plant or animal varieties, discoveries of natural substances, commercial methods, or methods for medical treatment (as opposed to medical products) are generally not patentable.
Who grants Patents?
A patent is granted by a national patent office or by a regional office that does the work for a number of countries, such as the European Patent Office and the African Regional Intellectual Property Organization. Under such regional systems, an applicant requests protection for the invention in one or more countries, and each country decides as to whether to offer patent protection within its borders. The WIPO-administered Patent Cooperation Treaty (PCT) provides for the filing of a single international patent application which has the same effect as national applications filed in the designated countries. An applicant seeking protection may file one application and request protection in as many signatory states as needed.
canadarolls
Well-Known Member
Excellent answer. Thank you.
So the capitalization may help broaden the worlds mind on our beloved plant. That would be wonderfull
Usually ( in my view) canada follows the U.S in policy and the war on drugs, we are currently totally backwards.
From patients all the way to hemp farming.
Perhaps I must defect...
So the capitalization may help broaden the worlds mind on our beloved plant. That would be wonderfull
Usually ( in my view) canada follows the U.S in policy and the war on drugs, we are currently totally backwards.
From patients all the way to hemp farming.
Perhaps I must defect...
tokersmokeg
New Member
great discussion and posts does anyone think the feds will take it outta schedule 1 soon?
canadarolls
Well-Known Member
Great curiousity...
The individual states govern their own views, but federally they will have to finally put it through a fair and proper study before it gets to the political arena.
10 years?
The individual states govern their own views, but federally they will have to finally put it through a fair and proper study before it gets to the political arena.
10 years?
canadarolls
Well-Known Member
If our plant can save an important or famous person irrefutably perhaps all doctors can heal with no discrimination
I didn't think id cheer for the patent guys but now... hmmm
I didn't think id cheer for the patent guys but now... hmmm
tokersmokeg
New Member
id say less then ten years id say its possible by 2016.
canadarolls
Well-Known Member
Is it in their interests to de-classify it?
From what I comprehend prisons are a big and profitable government scheme.
As always I could be wrong, and open to all opinions
From what I comprehend prisons are a big and profitable government scheme.
As always I could be wrong, and open to all opinions
tokersmokeg
New Member
canna prison guard unions in cali have spent millions to stop bills that would take non violent drug offenders out of prison and into treament centers.They want people with addictions which is a disease to stay in prison.Then when they are in prison they become hooked on another drug or learn how to do a different trade of criminal activity.Or meet up with dangerous violent offenders once on the outside its a sick cycle i tell you.
canadarolls
Well-Known Member
I agree completely.
Factor in the stress, intimidatio theres a high chance for a decent person to come out a true immoral human.
But if the government can make money why would the "correct " road be taken ?
I was told of a lawyer getting 7 years for 2 joints... I almost puked
Factor in the stress, intimidatio theres a high chance for a decent person to come out a true immoral human.
But if the government can make money why would the "correct " road be taken ?
I was told of a lawyer getting 7 years for 2 joints... I almost puked
Hashassinz
New Member
Cool theory but you can't patent a plant that has existed before you were born and even if u patented it, it's only 20 years so i'm pretty sure cannabis has been around for a bit longer than 20years.
pol pot
420 Member
Government holding a patent. If you want to know what's wrong with this country, then look no further.
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