CannabIP: U.S. Patent No. PP27,475 P2

Cannabis IP patent plant

U.S. Patent No. PP27,475 was issued on December 20, 2016, for “Cannabis Plant Named ‘Ecuadorian sativa’.”  It is the first plant patent issued by the U.S. Patent and Trademark Office for a new strain of a cannabis plant.

Source: U.S. Patent No. PP27,475P2, “Cannabis plant named ‘Ecuadorian sativa’,” December 20, 2016, to Steven W. Kubby

Botanical details as specified in the specification note that it is taxonomically in the genus Cannabis, and a hybrid between two Cannabis sativa L. subspecies, C. sativa ssp. sativa and C. sativa ssp. indica.  For comparative purposes, the specification indicated this new strain has height of 1.5 – 1.9 m (4.92’ – 6.23’), which is higher than the typical range of 0.91 – 1.22 m (3-4’) for C. indica, but below the typical height of 6.09 m (20’) for C. sativa.  Also, flowering occurred between 9 – 11 weeks for the Ecuadorian sativa strain, which is between an indica’s 8 – 12 week flowering cycle, and sativa’s 10 – 16 flowering cycle.  It was classified for patent searching purposes under PLT/263.1, or “Herbaceous ornamental flowering plant.”

Plant patents are allowed under 35 U.S.C. §161, which allow patents for asexually reproduced new plant varieties, other than tubers and uncultivated plants.[1]  Plant patents have a term of 20 years, and are subject to patent term adjustment (PTA) under 35 U.S.C. §154(b), but are not subject to post-issuance maintenance fees.[2]

This particular new cannabis strain is an important aspect of the underlying business model for Cannabis Sativa, Inc., a publicly-traded cannabis company, which conducts research and development of cannabis-related products, and is based in Mesquite, NV, an adult-use cannabis-legal state.  The takeaway here should be that companies of all sizes, including startups in the cannabis industry, should take advantage of the USPTO policy allowing patents for cannabis-related inventions and innovations.  The issuance of PP27,475 is a watershed moment because federally-issued patents for new cannabis strains can now be obtained.

[1] See MPEP 1601.

[2] See MPEP 2504.