The Evolving Role of History in the Past, Present, and Future of Psychedelic Patenting

Abstract

The resurgence of mainstream psychedelic research has spurred a capitalist interest in patenting to exclude competitors from producing, using, or selling psychedelic technology. Some exploit the patenting process to monopolize well-established psychedelic knowledge with overly broad claims. If patent examiners find evidence, known as “prior art,” showing that what is claimed is known, patent rights are not granted. Historical psychedelic prior art therefore plays a critical role in shaping the future of patent law in the context of psychedelic capitalism. Given that some psychedelic prior art exists in nontraditional forms, patent examiners may not be able to identify relevant prior art to nullify overly broad claims. Consequently, several psychedelic patents have erroneously been granted. Organizations and intellectual property activists leverage direct methods of introducing historical psychedelic prior art to fight these overly broad patents and applications on a claim-by-claim basis with the U.S. Patent and Trademark Office. Valuable historical archival psychedelic prior art is likewise curated and made available to patent examiners and innovators through the work of the online psychedelic prior art library Porta Sophia and its broad interdisciplinary network of experts. The psychedelic field is at a critical developmental juncture, and it is essential that all involved work to ensure that its landscape remains equitable, research can flourish, and vulnerable communities with strong cultural connections to psychedelics are protected.