Asked in Patents (Intellectual Property) for Oregon

Q: Regenerative sustainable organic gardening technique..can this be patented?

To procure medical grade cannabis at a fraction of the overhead costs

1 Lawyer Answer
Peter D. Mlynek
Peter D. Mlynek
  • Patents Lawyer
  • Moorestown, NJ

A: That certainly could be patentable.

One problem that you will encounter is whether the gardening technique is actually really new. Gardening has been about for millennia, practiced by billions of people, so it is likely that someone has thought about the same thing as you have.

Another problem that you should think about is a practical one: if you do patent your technique, will you be able to enforce it? I mean, is your technique such that it would be easily discovered by you? I know that you are in Oregon where cannabis use has been decriminalized, but just think how hard it was for the police, with all their resources, to find pot growing operations -- will you be able to discover such operations by yourself, nationwide, without police power, in order to file a suit?

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