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

Recent studies highlight the potential of psychedelic-based treatments for addiction. However, certain academic institutions, companies, and individuals are attempting to monopolize these compounds by exploiting the patent system.

This article examines strategies developed to address exclusionary patent practices related to psychedelics in addiction treatment.

The nonprofit organization Porta Sophia has identified 170 patents focused on using psychedelics to treat addiction. Many of these patents pose risks by potentially privatizing public knowledge, which could severely restrict research access and raise costs. Patent examiners, responsible for deciding whether patents should be granted, must reject false claims of innovation. Due to the unique history of psychedelics, prior knowledge can be challenging to trace, leading to the possibility of overreaching patents being approved, which could disrupt research, treatments, and funding in this field.

As the field of psychedelics reaches a pivotal moment with upcoming FDA decisions, it is essential for all stakeholders—including researchers, patent applicants, and policymakers—to utilize available resources for verifying prior knowledge. Being informed about legal patent eligibility and limitations is vital to creating an ethical patent framework and ensuring access to these potentially transformative addiction treatments.