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Illegality prevents patents.
Spencer Keller 20, Staff Editor of the Texas A&M Law Review, JD from Texas A&M, Fall 2020, “How Small Cannabis Businesses can Survive the Hurdles of IP Protection,” Texas A&M Law Review, 8(1), pp. 205-206, Lexis, kav
For cannabis business owners and researchers, patenting cannabis-related inventions may appear to be a logical business and legal step, but marijuana's federal illegality may render many cannabis patents invalid. Throughout patent law jurisprudence, courts have grappled with the principle that in order for an invention to be "useful" as required by section 101, the invention must be legal and "moral," but [*206] courts have moved away from strictly applying morality and legality standards. 59
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