Obtaining Marijuana Patents

Abstract

In the midst of a boom in the marijuana industry, marijuana breeders and companies have increasingly sought protection of their unique marijuana strains through patents. Their success, however, is limited given the fact that marijuana remains illegal under federal law and the United States Patent and Trademark Office has been reluctant to grant such patents. This article explores the current patentability of marijuana strains, discusses the difficulties marijuana breeders and companies face in patenting their product, and introduces successful marijuana-related patent applications.