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Thread: About that Gov patent on Marijauna... Reply to Thread
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Topic Review (Newest First)
04-21-2015 05:33 PM
Lmorgan
Quote:
Originally Posted by Gardog View Post
what if it is a GMO Pot Seed?
Shouldn't make a difference. Whatever the source of the cannabinoid, the patent essentially monopolizes using it as a medicine.

If the patent was solid, it would even cover direct chemical synthesis of cannabinoids , where no plant life was even involved.
04-21-2015 05:32 PM
Basic Human Unit
Quote:
Originally Posted by Lmorgan View Post
Well, it's still a valid patent until it is officially declared to be an invalid one.

The usual process for something like this is to just set up in business and start violating the patent. Then as soon as you get told to stop (you're given notice of violating the patent and ordered to "cease & desist") you file a suit to bust the patent.

And then you bust it.

And go right on with your public-domain business activity.

Interestingly, if the Feds KNOW their patent is bustable, they may not try to enforce it against one small operator. Or they may haggle for a percentage of your profits in exchange for a "license" under the shaky patent.

Life is full of surprises. Ya never know...
Or maybe drone strikes.
04-21-2015 05:30 PM
Lmorgan
Quote:
Originally Posted by Basic Human Unit View Post
WHy 'bust' it? If it's an undefendable patent, then it's effectively open source. Leave well enough alone.
Well, it's still a valid patent until it is officially declared to be an invalid one.

The usual process for something like this is to just set up in business and start violating the patent. Then as soon as you get told to stop (you're given notice of violating the patent and ordered to "cease & desist") you file a suit to bust the patent.

And then you bust it.

And go right on with your public-domain business activity.

Interestingly, if the Feds KNOW their patent is bustable, they may not try to enforce it against one small operator. Or they may haggle for a percentage of your profits in exchange for a "license" under the shaky patent.

Life is full of surprises. Ya never know...
04-21-2015 05:21 PM
Basic Human Unit
Quote:
Originally Posted by Lmorgan View Post
US Patent #6,630,507, which covers the use of cannabinoids as medication, is owned by the US Gov.

Interestingly, it's a patent pertaining to an unlawful activity, since at the time (2003) the possession and/or ingestion of cannabinoids for any purpose whatsoever was a violation of Federal law.

In da patent biz, that's a no-no. You can't patent anything that can only be used to break the law.

Like a poison exclusively designed to kill US Presidents. (Uh, I think that's against the law.)

It might be novel, and perhaps even highly marketable, but it would not be patentable.

So that marijuana patent is void on it's face. All it takes is one little suit to bust it.

Interesting...
WHy 'bust' it? If it's an undefendable patent, then it's effectively open source. Leave well enough alone.
04-21-2015 05:20 PM
Gardog what if it is a GMO Pot Seed?
04-21-2015 05:17 PM
Lmorgan
About that Gov patent on Marijauna...

US Patent #6,630,507, which covers the use of cannabinoids as medication, is owned by the US Gov.

Interestingly, it's a patent pertaining to an unlawful activity, since at the time (2003) the possession and/or ingestion of cannabinoids for any purpose whatsoever was a violation of Federal law.

In da patent biz, that's a no-no. You can't patent anything that can only be used to break the law.

Like a poison exclusively designed to kill US Presidents. (Uh, I think that's against the law.)

It might be novel, and perhaps even highly marketable, but it would not be patentable.

So that marijuana patent is void on it's face. All it takes is one little suit to bust it.

Interesting...

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