U.S. Patent No. PP31,874 P3

Cannabis IP patent plantIP

U.S. Patent No. PP31,874 P3 (‘874) issued on June 16, 2020 for “Cannabis Plant Named ‘Holy Crunch.”  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 ‘874 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 ‘Holy Crunch’ (MPEP 1601). 

The following figure illustrates the new plant patent ‘874:

Source: U.S. Patent No. PP31,874 P3, Jun. 30, 2020, to Mark A. Lewis & Steven R. Haba (inventors); Biotech Institute (applicant/assignee)

All plant patents have a 20 year term, and the ‘874 patent expires on August 28, 2038 (MPEP 2701).

The Cooperative Patent Classifications are A01H, new plants or processes for obtaining them; plant reproduction by tissue culture techniques, namely, flowers (5/02), Cannabaceae (6/28); and A61K, preparations for medical, dental, or toilet purposes, namely Magnoliopsida (36/185).

The ‘874 patent is one of the first plant patents issued for a new cannabis cultivar.  Plant patents are a unique type of patents issued by the USPTO, although only a very small number (about 1%) are actually issued each year.