US: 8 cannabis cultivars applied for patents

The U.S. Patent and Trademark Office on June 13 published a series of applications from Biotech Institute, each seeking a plant variety patent for a specific cannabis cultivar. The documents were shared by MJ Patents Weekly, a USPTO public records service maintained by patent attorney Dale Hunt. 

Biotech Institute, a California company, first filed a patent application for Lemon Crush in March 2018. Then, in August 2018, Biotech Institute followed up with patent applications for Cake Batter, Primo Cherry, Holy Crunch, Rainbow Gummeez, Guava Jam and Grape Lollipop. In November 2018, Biotech Institute filed a patent application for a “cannabis plant named Raspberry Punch.”

The USPTO has not yet issued any of those plant variety patents. Typically, it takes up to 18 months for the office to do so.

The patent application for Cake Batter, as an example, provides a detailed description of the plant, one with a maximum THC content of 6.5 – 14.21 percent and a maximum CBD content of 5.36 – 9.82 percent. “Physically, there are indications that its use may prevent some cancers and may prevent and/or treat disease,” according to the application. The main terpenes found in Cake Batter are limonene, beta-caryophyllene, beta-pinene, linalool, alpha-humulene, alpha-pinene, fenchol, myrcene, alpha-bisabolol and alpha-terpineol. 


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