Intellectual Property of Psychedelics for Addiction Treatment: Enabling Access and Protecting Innovation Opportunities Through Preserving the Public Domain.

Efforts to patent psychedelic compounds for addiction treatment risk privatizing public knowledge and raising costs. The nonprofit Porta Sophia has identified 170 patent documents covering psychedelic addiction therapies, many of which could restrict research and access if granted. Patent examiners must reject false claims, but prior knowledge about psychedelics is often hard to find, leading to overreaching patents. As the FDA approaches key decisions, stakeholders must use available tools to determine prior knowledge and maintain an ethical patent landscape to ensure access to these potential treatments.

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Abstract

Recent research has shown potential for psychedelic therapeutics as addiction treatments; however, some academic institutions, commercial entities, and individuals are attempting to monopolize psychedelic compounds through exploiting the patent process. This Perspective article describes efforts that have been devised to mitigate exclusionary patent practices pertinent to psychedelic therapeutics for addiction. The nonprofit Porta Sophia has identified 170 patent documents focused on treating addiction through psychedelics, and many of these patents could threaten to privatize public domain knowledge and severely limit or increase the cost of research if granted. Patent examiners who determine if a patent application should be granted must negate false claims to innovation. Yet, given the unique history of psychedelics, prior knowledge can be difficult to find. As a result, overreaching patents may be granted, causing dramatic shifts in access to addiction-focused psychedelic research, treatments, and funding. As the field of psychedelics approaches this crucial inflection point of U.S. Food and Drug Administration decisions, it is imperative for all stakeholders--including university investigators, academic and commercial patent seekers, and policymakers--to use available tools for determining prior knowledge. Maintaining an informed awareness of legal patent eligibility and limitations is crucial for establishing an ethical patent landscape and ensuring subsequent access to these potential life-altering psychedelic therapeutics for addiction.