Suppose that you want to obtain a patent for an invention related to your cannabis business. What if the invention is a device for extracting oils, an ornamental design for a new vaporizer, or a new breed of cannabis plant? Should you attempt to patent your invention with the U.S. Patent and Trademark Office? Can you obtain a patent from the U.S. Patent and Trademark Office? The answer is YES! if the invention meets certain conditions for patentability.
To obtain a U.S. patent, three conditions for patentability have to be met under 35 U.S.C. Sections 101, 102, and 103. Under 35 U.S.C. 101, whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor. Since almost all inventions are useful such as the device, the ornamental design, or asexual reproduction of non-tuber plants, this is an easy condition to meet. Under 35 U.S.C. Section 102, a person shall be entitled to a patent unless the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. However, there are exceptions. For example, a disclosure of an invention made one year or less before the effective filing date of a claimed invention shall not be prior art to the claimed invention. Under 35 U.S.C. Section 103, a patent for a claimed invention may not be obtained if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Thus, if the invention related to cannabis is useful, novel, and unobvious, a patent may be obtained. Continue Reading