- The resurgence of interest in psychedelic science and research, particularly since 2017, reinforced by the mental health consequences of the pandemic, has resulted in a significant pick-up in active clinical trials investigating the therapeutic value of a variety of psychedelics. This, in turn, has led to a proliferation of patent applications as psychedelic drug developers seek to protect the intellectual property (IP) of their drug development efforts.
- The United States Patent and Trademark Office (USPTO) has been inundated by hundreds of published patent applications on a variety of psychedelic compounds, led by psilocybin, with many more that have been filed provisionally. The proliferation of psychedelic patents, in what was a wide open space just a few years ago, has become a hotly debated cause célèbre. Some patents in this emerging area have been challenged because there are differing opinions on whether psychedelic compounds should be treated like other pharmaceutical drugs.
- While psychedelic patents share the pricing and accessibility concerns arising from patent grants of the drug industry in general, there are also controversies that are unique to psychedelics. This stems from the fact that prior art is more prevalent in psychedelics, particularly as they involve naturally occurring substances and the traditional knowledge of indigenous communities. Further, many of the lab-developed psychedelic compounds under current investigation have already received first-generation patents, raising questions about the true novelty of the latest developments.
- Remedies have been suggested to address some of the prevailing controversies and ways to prevent the grant of low-quality patents. These include the facilitation of a better post-grant review system in the US, the grant of patents with exemptions, and an IP commons framework for psychedelic patents.
THE PSYCHEDELIC PATENT BONANZA
Source: Images courtesy of Graham Pechenik (Calyx Law); data from lens.org.
The resurgence of interest in psychedelic science and research, particularly since 2017, reinforced by the mental health consequences of the pandemic, has resulted in a significant pick-up in active clinical trials investigating the therapeutic value of a variety of psychedelics. This, in turn, has led to a proliferation of patent applications as psychedelic drug developers seek to protect the intellectual property (IP) of their drug development efforts.
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