Today is an auspicious day for cannabis proponents, so we illustrate one recently issued patent to recognize this date.
U.S. Patent No. PP34,051 P3 (‘051) issued on March 22, 2022, for “Cannabis Plant Named ‘AV1-1.’” It was issued to inventor Ytzchak Cohen of Tel Aviv, Israel. The applicant/assignee is Tikun Olam Ltd. of Tel Aviv, Israel. The term “tikun olam” generally translates to the concept of overcoming idolatry in Hebrew. Tikun Olam is a cannabis biopharmaceutical company.
This 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 indica L. and the varietal denomination of (MPEP 1601). The disclosure relates to a new and distinct cultivar of Cannabis Sativa L. ssp. indica plant named `AVI-1` characterized by a high amount of Cannabidiol (CBD) (16.3%) and a very low amount of Tetrahydrocannabinol (THC, 0.8%).
Figure 2 below illustrates the plant ‘AV1-1’.
All plant patents have a 20 year term, but based on the priority history of the ‘051 patent, it will expire on February 28, 2024 (MPEP 2701). The Cooperative Patent Classification is A01H (new plants or processes for obtaining them; plant reproduction by tissue culture techniques). The ‘051 patent is only the latest plant patent issued by the USPTO for a new cannabis cultivar, but represents a growth area for patent procurement. 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. Keep in mind the plants not only must be distinct, but also new, which means they must invented (i.e., man-made or genetically modified), and asexually reproducible (i.e., not through seed propagation).
Plant patents represent a facsinating area under U.S. patent law. Please contact Yonaxis for more information on plant patents, or patents in general, if you have any questions.