Patented genetics

[ashash1212]

is it my understanding, that as soon as weed does become legal, pharms could patent the genes. as soon as this is done, would it not become illegal to grow weed (Assuming that the majority contains those genes). similair to the whole mosanto fiasco, patented genes and pollen working its way into the genetic stream, bringing its modified genes into plants grown by farmers.

 

[medmaker420]

pretty much

 

[Flux451]

I would love an experts opinion on this.

Personally I figure if this did happen the growing community would grow in strength and rebel and raise the concern over like fiascos

I already do not understand why this isnt a clearer issue, how is that ok with faRMERS?

 

[Sam_Skunkman]

Because it is not true at all, first of all you can't patent genes found in nature, you have created nothing New, as required.
Novelty
The first requirement for any invention is that it is novel in the absolute sense. That is, it was not available to the public in any way before the filing date of the patent, and was not described in any publication before that date either.
Obviousness
When is an invention obvious?
Even if an invention is found to be novel in the strict sense, it may still be unpatentable because it is considered to be obvious to a person skilled in the art. It should be stressed that the term obvious is a legal term of art, and is used in a sense quite different from the ordinary meaning of the word. Further, the legal interpretation of the term obviousness varies from country to country.
Industrial application
The third requirement for patent protection mainly aims to distinguish between aesthetical and scientific inventions. The term "industry" should be interpreted very broadly; it also includes agriculture. It does exclude methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practice on the human or animal body. Perpetual motion machines also fail to meet this requirement.
In the US, the third requirement is referred to as "utility"; however, interpretation and scope of this term is generally the same as that of the industrial application. International patent treaties often use "utility" and "industrial application" as synonyms.

Fear is a funny thing, it causes people to see things that don't even exist, and to spread their fears to others to protect them from things that are not real....
I bet you believe Philip Morris has already bought farmland in Northern California so they can flood the market with their new GM Cannabis varieties that don't get you high and are spiked with the same nasty chemicals they put in cigarettes, so you need to smoke more and more.
The only problem is the story is not true, but don't let that stop you from spreading FEAR.
What a joke....

-SamS

 

[englishrick]

i have no fear, because i only fear for my own weed supply at the end of the day,,,,my second responcability is to my friends..i am personly stockin-up on landrace seeds and books, so i should be fine, same with my grandkids,,,,,but in the distant future,,,if people dont conserve things propperly, then some peoples seeds might not contain the same level of divercity ,,,no sam?,,,

homoginization is defo a bad thing,,,no,,??

 

[sallyforthDeleted member 75382]

Even if the worst happened with the genepool being homogenized there will always be an underground culture of great strains.....like yourself englishrick I have a good selection of seeds in the fridge ( mind you being on a site like this I keep adding to them ). So I proberbly got enough fine genetics to last a lifetime lol.

 

[englishrick]

yeh man,,,i have my own genepool,,,,but some people like sam deal with the global genepool,,,thats a whole other ballgame

 

[sallyforthDeleted member 75382]

Yeah forgot the bigger picture englishrick....can see problems there alright...cheers.

 

[englishrick]

i personly think people like you will save us all,,,,,inderviduals create divercity imo,,,,,but then again some people will say all us hobby breeders do is water down the bigger picture

 

[ibjamming]

Because it is not true at all, first of all you can't patent genes found in nature, you have created nothing New, as required.
Novelty
The first requirement for any invention is that it is novel in the absolute sense. That is, it was not available to the public in any way before the filing date of the patent, and was not described in any publication before that date either.
Obviousness
When is an invention obvious?
Even if an invention is found to be novel in the strict sense, it may still be unpatentable because it is considered to be obvious to a person skilled in the art. It should be stressed that the term obvious is a legal term of art, and is used in a sense quite different from the ordinary meaning of the word. Further, the legal interpretation of the term obviousness varies from country to country.
Industrial application
The third requirement for patent protection mainly aims to distinguish between aesthetical and scientific inventions. The term "industry" should be interpreted very broadly; it also includes agriculture. It does exclude methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practice on the human or animal body. Perpetual motion machines also fail to meet this requirement.
In the US, the third requirement is referred to as "utility"; however, interpretation and scope of this term is generally the same as that of the industrial application. International patent treaties often use "utility" and "industrial application" as synonyms.

Fear is a funny thing, it causes people to see things that don't even exist, and to spread their fears to others to protect them from things that are not real....
I bet you believe Philip Morris has already bought farmland in Northern California so they can flood the market with their new GM Cannabis varieties that don't get you high and are spiked with the same nasty chemicals they put in cigarettes, so you need to smoke more and more.
The only problem is the story is not true, but don't let that stop you from spreading FEAR.
What a joke....

-SamS

With all due respect...I think you grossly underestimate the power of giant corporations/government in America. They've already patented "life". There are all kinds of patented seeds and plants.

Sure, the little guy growing in his basement won't have to worry...much. But farmenrs wanting to grow "official" Cannabis...WILL eventually have to deal with the likes of Monsanto and Cargill, and others for their seeds. I'm SURE of it.

All types of plants and seeds are "owned"...why would Cannabis be any different?

It's funny you mention fear...it's how they control us. We are conditioned to fear many things...and only the government, the "professionals" can help us. They hold this fear over our heads. Look at all the professions based on alleviating our "fear". Usually, it's a made up fear...just for their benefit. "They" want us fearful...so they can control things.

But yes...like heirloom tomatoes, we'll still have our saved seed. Treasure it...

Just my opinion...

 

[someotherguy]

the gene pool is already being polluted by all the
Auto-Flowering strains.

wouldn't it be a great world if all there was was AF's?

i guess if you were a seedmaker it would be.

a pox upon them all, lol.

peace, SOG

 

[Burt]

while the genes can't be patented unless genetically molested, trade names sure can-panama red and maui wowie are just two-are these trademarked?

 

[highsteppa]

New plants can be patented, but the only way to enforce it is if one is caught propagating/growing it without paying the royalty. I know of one instance where a nursery got caught propagating patented bedding plant whena sales rep. saw them on a visit. It's common in the hort industry, but it costs quite a bit to patent (20K) so trademarking plant names is getting much more popular. Lately people are giving their plants non-sense cultivar names like 'stephighzam', but then market the plant under its trademark name say, Super Chem Wreck. Growers are free to propagate/grow 'stephighzam', but no one inthe market place will know what it is, as all marketing is for Super Chem Wreck, and you must pay to use the name.

I've wondered with the the legal medical MJ industry expanding if it would follow in this path. Its no thing to ID the DNA of plants these days with genetic markers unique to the variety. I could see how a dispensary would liketo have all the rights to their flagship plants or at least collect royalties if other dispensaries or growers use there stock.

As far a GMO stuff that is owned as we know about the canola farmer in Canada who lost alawsuit when Monsanto Gm canola pollen diluted his 60 yr old seed stock and then accused him of stealing their genetics. On another note, Papaya growers in HI stole GM seed stock of ring spot resistant papaya from a testing facility, and used the seeds before it could ever be introduced. And then that gene was out in the community and the GM papaya seeds were worthless.

 

[microbox]

i think patents will be obsolete within 20 years

 

[highsteppa]

Yea plant patents only last 17 years I think

 

[Dr. Detroit]

The USPTO grants a plant patent to whoever invents or discovers and asexually reproduces any distinct and new variety of plant, including cultivated sports, mutants, hybrids, and newly found seedlings, other than a tuber propagated plant or a plant found in an uncultivated state.

Asexual Reproduction

The plant must be found stable by asexual reproduction. By definition that means, "Creating a plant using techniques such as grafting, budding, or using cuttings, layering, or division without using seeds. Plant offspring will be substantially identical to the parent."
Methods of Asexual Reproduction

Asexual reproduction is the propagation of a plant to multiply the plant without the use of genetic seeds to assure an exact genetic copy of the plant being reproduced.

Any known method of asexual reproduction which renders a true genetic copy of the plant may be employed.
Acceptable modes of asexual reproduction would include but may not be limited to: Rooting Cuttings - Grafting Budding - Apomictic Seeds - Bulbs - Division - Slips - Layering - Rhizomes - Runners - Corms - Tissue Culture - Nucellar Embryos
The purpose of asexual reproduction is to establish the stability of the plant. This second step of the invention must be performed with sufficient time prior to application for patent rights to allow the thorough evaluation of propagules or clones of the claimed plant for stability thus assuring that such specimens retain the identical distinguishing characteristics of the original plant.
Requirements

Other requirements for a plant patent include the following:

• That the plant was invented or discovered and, if discovered, that the discovery was made in a cultivated area.
• That the plant is not a plant which is excluded by statute, where the part of the plant used for asexual reproduction is not a tuber food part, as with potato or Jerusalem artichoke.
• That the person or persons filing the application are those who actually invented the claimed plant; i.e., discovered or developed and identified or isolated the plant, and asexually reproduced the plant.
• That the plant has not been sold or released in the United States of America more than one year prior to the date of the application.
• That the plant has not been enabled to the public, i.e., by description in a printed publication in this country more than one year before the application for patent with an offer to sale; or by release or sale of the plant more than one year prior to application for patent.
• That the plant be shown to differ from known, related plants by at least one distinguishing characteristic, which is more than a difference caused by growing conditions or fertility levels, etc.
• The invention would not have been obvious to one skilled in the art at the time of invention by applicant.

Where doubt exists as to the patentability of a specific plant, a qualified legal authority should be consulted prior to applying to assure that the plant satisfies statutory requirements and is not exempted from plant patent protection.

Shamelessly cut and pasted from another site. I to believe once corporate america gets a hold of this...we are screwed.

I really truely believe this is the real reason behind feminised genetics.

 

[mriko]

Because it is not true at all, first of all you can't patent genes found in nature, you have created nothing New, as required.
Novelty
The first requirement for any invention is that it is novel in the absolute sense. That is, it was not available to the public in any way before the filing date of the patent, and was not described in any publication before that date either.
Obviousness
When is an invention obvious?
Even if an invention is found to be novel in the strict sense, it may still be unpatentable because it is considered to be obvious to a person skilled in the art. It should be stressed that the term obvious is a legal term of art, and is used in a sense quite different from the ordinary meaning of the word. Further, the legal interpretation of the term obviousness varies from country to country.
Industrial application
The third requirement for patent protection mainly aims to distinguish between aesthetical and scientific inventions. The term "industry" should be interpreted very broadly; it also includes agriculture. It does exclude methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practice on the human or animal body. Perpetual motion machines also fail to meet this requirement.
In the US, the third requirement is referred to as "utility"; however, interpretation and scope of this term is generally the same as that of the industrial application. International patent treaties often use "utility" and "industrial application" as synonyms.

Fear is a funny thing, it causes people to see things that don't even exist, and to spread their fears to others to protect them from things that are not real....
I bet you believe Philip Morris has already bought farmland in Northern California so they can flood the market with their new GM Cannabis varieties that don't get you high and are spiked with the same nasty chemicals they put in cigarettes, so you need to smoke more and more.
The only problem is the story is not true, but don't let that stop you from spreading FEAR.
What a joke....

-SamS

Hmmm, actually I think it already happened as GW pharmaceuticals indeed has patented some strains for some specific uses.


I don't know wether Phillip Morris or Virgin have already registered some brand names as I have read several times, but I have no single doubt that when cannabis gets legalized, a whole bunch of cannabis-related bio-piracy cases will show up.

Irie !

 

[Sam_Skunkman]

Hmmm, actually I think it already happened as GW pharmaceuticals indeed has patented some strains for some specific uses.


I don't know wether Phillip Morris or Virgin have already registered some brand names as I have read several times, but I have no single doubt that when cannabis gets legalized, a whole bunch of cannabis-related bio-piracy cases will show up.

Irie !

As far as I know no Cannabis varieties have been "patented" by GW Pharma or anyone else. Show me the patent, as patents are easy to do searches for. Maybe I am wrong but I don't think so....
I know that the so called registration of names is a joke and no tobacco company has done so except some obscure name like Tijuana Thins that maybe could be used if Cannabis was legal.
All of these stories are rumors, I can't say what will happen in the future, but until now it is all just rumors.

-SamS

 

[ibjamming]

As far as I know no Cannabis varieties have been "patented" by GW Pharma or anyone else. Show me the patent, as patents are easy to do searches for. Maybe I am wrong but I don't think so....
I know that the so called registration of names is a joke and no tobacco company has done so except some obscure name like Tijuana Thins that maybe could be used if Cannabis was legal.
All of these stories are rumors, I can't say what will happen in the future, but until now it is all just rumors.

-SamS

Of course it is...rumor and speculation...nothing more.

We've got to get it completely legalized first. If it remains controlled, I'm positive there will be prohibitions on growing it yourself. Just like the prohibition on making distilled spirits.

I think no matter the future of Cannabis, we "connoisseur" growers will always be underground...in the shadows.

 

[englishrick]

i dont agree or stand-by this this dudes opinion,,,but i though it deserved some attention

These people do!!

and have patents on 9 strains right now...and will have anyone arrested for having or growing there strains..


they are bayer..gw pharma..and several other companys..they own cannabis patents in 6 countrys..

one co...makes sativex.







GW adopts an aggressive approach to securing intellectual property rights to protect techniques and technologies involved in the development programme. Protection is sought in the areas listed below:

• Plant variety rights
• Methods of extraction patents
• Drug delivery patents
• Patents on compositions of matter for delivery of cannabis
• Methods of use patents
• Design copyright on devices
• Trademarks

In the last few years our intellectual property portfolio has developed considerably. The patent portfolio has more than doubled in size and comprises 42 patent families, within these families there are numerous granted patents both in the UK and in various territories around the world. GW has also developed a trademark portfolio of 21 UK registered trademarks with equivalent marks registered in many other territories around the world. GW also holds nine registered design rights and nine plant variety rights.

lets see so pics of there grows..



Where does GW grow cannabis?
GW's cannabis plants are grown under computer-controlled conditions in secure glasshouses at a secret location in the UK. GW has developed a highly sophisticated cultivation process to ensure plant material grown is of sufficient quality and consistency to be suitable for incorporation into pharmaceutical products.
Strict Standard Operating Procedures (SOPs) are followed to ensure non-contamination by chemicals, infestation or fungal growth, consistency of content, methods of harvest, drying, primary extraction, storage and onward consignment. Temperature, humidity, total light and photoperiod are all controlled by computer.
The facility is situated in the South of England but for clear security reasons we do not divulge the precise location.