Cannabis Patents Q&A

Home | Canna Law Blog | Cannabis Patents Q&A Table of Contents Toggle It should come as no surprise that the number of applications for cannabis patents has been steadily increasing in recent years. In this post we discuss the basics of the subject, with a focus in the United States. While patent systems usually bear some similarities, some of the details may be different in other countries. 1. What is a patent? A patent is a grant of a property right to an inventor over their invention. The patentee has the right to exclude others from making, using, offering for sale, or selling the invention, or importing it into the United States. 2. Are there different types of patents? Yes, three: utility patents, design patents, and plant patents. For more information, check out Cannabis Patents: Which Type Is Right for You? 3. Cannabis patents belong to which type? They can belong to any of the three. 4. But most cannabis patents are plant patents, right? No, though there are certainly plant patents on cannabis plants. These patents are granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant. 5. What are most cannabis patents then? Utility patents. These may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof. Examples include a new cultivation method that increases cannabis crops yields, or new vaporizing technology. 6. And design patents? Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture. An example of an article eligible for a design patent is a water pipe with a unique shape. 7. What if my plant is considered marijuana under the Controlled Substances Act? For patent purposes, it does not matter. Ironically, the United States Patent and Trademark Office (USPTO) has different approaches to cannabis patents and cannabis trademarks. The latter are not registerable if the goods and/or services they describe are illegal under federal law, including marijuana. However, USPTO does issue patents for marijuana plants and inventions related to marijuana. 8. Tell me more about plant patents. That is for another post, in which we will get into the "weeds." Check Out Our Cannabis Law Services Share Twitter Facebook LinkedIn E-mail Comment Fred Rocafort Fred leads Harris Sliwoski’s intellectual property practice and is the coordinator of the firm’s international team. Much of Fred’s practice consists of helping cannabis businesses protect their brands. He also works with entrepreneurs and companies entering the Web3 space, a new frontier for IP law. Prior to joining Harris Sliwoski, Fred worked overseas for more than a decade, in both government and private sector roles. Fred is a regular contributor to the award-winning China Law Blog and Canna Law Blog. Fred began his career overseas as a U.S. consular officer in Guangzhou, China, where he advocated for fairer treatment of American companies and citizens in China and for stronger intellectual property rights enforcement. After entering the private sector, Fred worked at a Shanghai law firm as a foreign legal advisor and later joined one of the oldest American law firms in China, helping foreign companies navigate the Chinese legal environment. He also led the legal team at a Hong Kong-based brand protection consultancy, spending most of his time out in the field, protecting clients against counterfeiters and fraudsters in Greater China, Southeast Asia and Latin America. In addition to his IP work, as a native Spanish speaker, Fred works closely with different Harris Sliwoski teams on Latin America and Spain matters. Fred also provides advice to cannabis industry participants and other businesses on import and export transactions. Fred is an ardent supporter of FC Barcelona—and would be even in the absence of Catalan forebears who immigrated to Puerto Rico in the mid-1800s. Harris Sliwoski Attorney Read more posts [email protected] Read More Intellectual Property/Branding Related Posts September 25, 2026 DEA Enforcement in a Changing Cannabis Landscape: Rescheduling, Hemp, and What Comes Next September 17, 2026 The Supreme Court May Decide if Cannabis-Related Residency Requirements are Unconstitutional September 16, 2026 A $31.8 Million Cannabis-Related Verdict That a Federal Court Wouldn’t Enforce September 15, 2026 Jason Adelstone Moderates Federal Cannabis Policy Discussion at IgniteIt Denver September 11, 2026 Medical Marijuana in Schedule III Survives Its First Major Challenge September 10, 2026 How to Acquire a Colorado Cannabis License September 4, 2026 The Intoxicating Hemp Products Ban Was Delayed a Month. Now What? August 31, 2026 Is the Global Shift to the Right Threatening International Cannabis Reforms? August 28, 2026 Oregon Cannabis Roundup: Fall 2026 August 26, 2026 Five Bills Every California Cannabis Operator Needs to Track in 2026 August 14, 2026 California Cannabis Contracts After Rescheduling: Why Your Contracts Need a Second Look August 4, 2026 DCC License Conversions After Rescheduling: How and When to Split A/M Licenses in California August 3, 2026 The Contradictions of Cannabis Law: From the United States to International Treaties July 28, 2026 What California Operators Must Do After Rescheduling: DEA Registration, License Restructuring, and 280E July 24, 2026 Medical Marijuana Schedule III Litigation: The D.C. Circuit's First Major Test Leave a comment Cancel reply