To date, only a few narrowly defined cannabis patent applications have made it through the process and are limited in scope. In our opinion, even if a cannabis patent is issued, enforcement is still a matter of federal jurisdiction, which would require the patent holder to march into federal court and allege the infringer has made, used, or offered the patented strain for sale.
Since patent law is exclusively federal, the alleged infringer can assert that the patent is unenforceable… Not because it fails to satisfy patent law, but because the patent covers a federally illegal, schedule 1 drug. Until federal law changes, it’s impossible to know with absolute certainty how the USPTO will respond to patents claiming rights to novel strains. Further, since patent litigation occurs in federal court, a federal judge may look unfavorably upon the ownership of a patent on a federally illegal drug.
Accordingly, breeders have little to no legal recourse against illegal propagation and have been reluctant to sell or release certain “new and highly valuable strains”, losing millions in revenue each year. Further, breeders cannot effectively monetize their unique strains, protect their intellectual property, build their brand nor deploy effective anti-diversion and legal defensibility programs.
truID™ provides empirical evidence of the strain’s chemical and genetic profile with integrated brand intelligence to track, trace and enforce the rights of breeders. Based upon the core GenesisOne™ technology, breeders can forensically confirm their unique strain and enforce their intellectual property rights, anywhere, at any time, by using our combined molecular nanotechnology system and NextGen DNA™ platform. To put it in simple terms, think of truID™ as nature’s invisible barcode that can provide breeders with empirical evidence of ownership with respect to their unique strain and related intellectual property rights, regardless of the USPTO.
Breeders or their authorized agents simply test the cannabis in question to forensically identify its source of origin, cellular structure, molecular profile and unique genetic signature using our mobile devices, delivering results in near real-time, in the field and in the lab.
When combined with skilled cannabis IP attorneys and genetic scientists, our methodology becomes a complete and unprecedented enforcement solution that will protect the rights of breeders against illicit propagation today, and infringement by Big AG, Big Tobacco and Big PhRMA tomorrow. No question, big corporations could thump the industry by taking advantage of patenting techniques that the companies have already used to dominate the seed trade. truID™ establishes a significant legal barrier that can prevent “big corporations” from taking those actions and stripping valuable rights from breeders.
Fortunately, breeders can beat Big AG, Big PhRMA and Big Tobacco to the punch by deploying truID™ to establish a strong legal precedent today that protects the intellectual property rights of breeders, cannabis investors and the like.
truID™ can prevent companies like Monsanto, Phillip Morris and other “big” corporations from using proprietary strains and clones for free and in effect, stealing years of hard work and value (interestingly, Phillip Morris has already investied in global cannabis ventures). Without question, the time is now to protect intellectual property rights across the cannabis industry.