Patent Attorney and Founder
Hi everyone I’m JD Houvener your host of the bold Today Show we’re here the inventor entrepreneur or business owner that your daily inspiration to make the world a better place we’re talking about cannabis and the industry that’s taken a lot of our interest right we’ve seen lots of stores pop up and you know the the news articles that keep coming out about how much business is really going on in a lot of states we talked earlier this week about how many states you know it’s almost 30 states out of our 50 that have at least some level of recreation or medical marijuana as part of their legal business in their state so today I want talk about patent law in terms of cannabis and what’s patentable it’s surprising now I get the question a lot can i patent marijuana and the answer is yes so yesterday we talked about trademark law and some of the restrictions about the economy right the issue with the controlled substance is that they can’t cross state borders well with patent law there’s no such issue right the grant is from the utility the actual scientific subject matter not to do with the way that the economy is moving and money so to protect cannabis you can do that in three major ways one protecting the plant to the utility aspect of new methods of manufacturing business methods or even parts of cultivating you can also protect design patents if you have a new apparatus or a new device that’s used to manufacture or produce marijuana those are the three major parts of patent law and you can protect them under under that you can protect any part of your cannabis manufacturing one aspect I want to talk about is plant patents in order to get a plant patent or write a plant patent is one that you get protection for the actual plant that grows out of the ground you’ve gotta blow to prove that it’s a sexually reproducible and this is tough because that kind of knocks out a lot of plants that are only by seeds so when it comes to cannabis what you can protect or what’s called hybrid seeds or genetically modified seeds we’re in a lab setting these seeds are modified sets that they will produce or function to produce a unique bud right a unique flower or a unique type of shrub has a certain height or display or color or leaf pattern that is what’s protectable under plant pens so under utility patent side there’s a whole variety right whether it be the way that it’s being packaged uniquely put into a device boiled down chemically those are that’s all the domain of utility and so there’s a lot going on with regard to patent law and cannabis if you have questions about this where we have three or four attorneys here that have looked into this seriously this year and want to get with you to discuss your new idea go on our website at bold patents calm and check this out and go to our team page evaluate some of the work that we’ve done on our publications page and book your free 30-minute consultation right from the website I’m your host JD Houvener of the bold today’s show go big go bold
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