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November 16, 2017


NWhat (in your opinion) does the feature " wherein a representative sample of seed" mean? Is the claim restricted to the lines of those seeds? Otherwise, interesting to see that in Europe the debate is about patentability of vegetables such as tomatoes and broccoli, and in the USA about cannabis.

Typical of people to want to control what can't be controlled. Mother nature has all of the patents. I have been breeding cannabis strains for 40 years. I have over 250 strains that I have bred to specific characteristics and traits. over 50 of them are G11. more than 30 are Land Strains that owe their characteristics to time and mother nature. I know most of the land strains breeding traits and dominant and submissive tendencies to target what we want to manipulate the strain's characteristics and how we want the strain to function from seed to sale.
Many of the characteristics such as taste smell and strength come from outside the plant. You would have to know as much as I do to get a patent and someone who says that they do is lying and must be exposed. I will make myself and my years of research available to prosecute those who have no right and are fraudulently pursuing patents. My Name is Jay Michaels and I run the breeding and genetics department for NorCal Seeds and Genetics.

Peter, you’re correct—it's possible that this wherein clause could restrict the claim to covering just the deposited seeds depending on how the claim is interpreted. Furthermore, this is something that certainly may be an issue if the patents are ever enforced or challenged. Thanks for your comment.

Jay, thanks for your comment. As you point out, there is a vast amount of longstanding knowledge in this industry regarding cannabis strains. Therefore, ensuring that patents being issued on cannabis strains are appropriately limited in scope is definitely one of the challenges, but also one of the most important aspects, for parties attempting to patent products and processes in this emerging market.

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