Want Your Marijuana Startup to Succeed? Study Patent Law; Wired, 11/5/16

Mason Marks, Wired; Want Your Marijuana Startup to Succeed? Study Patent Law:

"...[M]any players in the legal marijuana industry are skeptical of the patent system. Some view patents as an ugly instrument of big business linked to over-priced drugs and other abuses. At a recent event for cannabis entrepreneurs in San Francisco, marijuana growers, manufacturers, and retailers gathered to discuss the current state of their industry. At one point the conversation turned to patent law. Many participants expressed anger and disbelief at the notion of patenting cannabis technology. One attendee stood up and exclaimed, “At least you can’t patent plants! They are part of nature!” But her assertion was incorrect. There is no prohibition against patenting plants and other living organisms. In fact, nearly any invention can be patented as long as it meets a few basic requirements—and surprisingly, being legal under federal law is not one of them...

Whether you approve of cannabis patents or not, they are taking root in this multi-billion dollar industry. The upcoming votes and changing regulatory landscape will likely help them grow. To be fully prepared, anyone entering the cannabis industry should learn the fundamentals of patent law."