U.S. Patent No. PP31,707 P3

U.S. Patent No. PP31,707 P3 (‘707) issued onapril 28, 2020, for “Cannabis Plant Named ‘Grape Lollipop’.” It was issued to inventor Mark Anthony Lewis and Steven Robert Haba, of Westlake Village, California and applicant/assignee Biotech Institute, LLC of Westlake Village, California. The ‘707 patent is a plant patent under 35 U.S.C. §161, which protects new and distinct cultivars of plants. According to the specification, the Latin name is hybrid Cannabis hybrid and the varietal denomination is ‘Grape Lollipop’ (MPEP 1601).

The following figure illustrates the new plant patent ‘707:

Source: U.S. Patent No. PP31,707 P3, Apr. 28, 2020, to Mark A. Lewis & Steven R. Haba (inventors); Biotech Institute (applicant/assignee)

For plant patents, the utility requirement under 35 U.S.C. §101 is replaced with distinctiveness, and the ‘707 patent’s distinctiveness over the prior art as described in the specification is shown as:

1. ‘Grape Lollipop’ contains a 3.09-7.59% THC content, while the closest prior art contains a 12.45% THC content;

2. ‘Grape Lollipop’ has a wider foliage than the closest prior art;

3. ‘Grape Lollipop’ has a longer petiole and stipule than the closest prior art;

4. ‘Grape Lollipop’ is larger in width and height than its priority parents.

All plant patents have a 20 year term, and the ‘707 patent expires on August 28, 2038 (MPEP 2701).