Porta Sophia Files Third-Party Preissuance Submission for Diamond Therapeutics Inc. U.S. Patent Application

Psychedelic prior art library presents 18 documents challenging patentability of all claims

MADISON, WI USA (July 22, 2022) Porta Sophia filed a third-party preissuance submission with the United States Patent and Trademark Office (USPTO) today for U.S. Pat. App. Ser. No. 17/427,037 entitled “Methods and compositions comprising a 5ht receptor agonist for the treatment of psychological, cognitive, behavorial, and/or mood disorders”, which is currently assigned to Diamond Therapeutics Inc. The submission consisted of 18 prior art documents that are material to the patentability of all 49 claims of the application.

Porta Sophia, a non-profit psychedelic prior art library, leverages the experience of legal and interdisciplinary academic scholars to promote an ethical psychedelic patenting landscape that preserves the integrity of the public domain. The organization curates and makes relevant historical documentation readily available for anyone wanting to explore the scope of psychedelic technologies, including patent examiners.

Porta Sophia also tracks and analyzes patent applications. If an application improperly claims innovation of something known in the public domain and meets all the standards of Porta Sophia's third party pre-issuance submission evaluation criteria, the team assembles evidence against these invalid claims and contests them directly to the USPTO through third-party preissuance submissions.

Patent application: 5HT receptor agonists at sub-hallucinogenic levels as neurological treatment

The ’037 application was filed on January 29, 2020 and claims priority to a provisional application filed on January 30, 2019. It describes the application of 5HT receptor agonists in amounts insufficient to provide a hallucinogenic experience to treat psychological, cognitive, behavioral, and mood disorders. In addition to treatment method, dosage, dose regimen, drug formulation, and drug combinations are also claimed.

Prior art in the third-party preissuance submission included publications from peer reviewed journals, books, U.S. and international patent documents, and evidence published in public online forums. This prior art addresses overly broad claims, such as the use of an effective amount of a non-hallucinogenic amount of a 5HT receptor agonist, such as psilocybin or psilocin, to manage or treat a neurological condition or a symptom thereof.

Third-party submissions of prior art

The America Invents Act allows third parties to submit prior art and concise descriptions of their relevance to the USPTO. Documents submitted may be considered in the examination of that patent application. In addition, these submissions have a broad impact because applicants have a duty to disclose the prior art submitted against a single patent application for other relevant patent applications filed by the applicant.

Porta Sophia also tracks and analyzes patent applications. If an application improperly claims something known to be in the public domain and meets all the standards of Porta Sophia's third party pre-issuance submission evaluation criteria, the team assembles prior art relevant to evaluating the novelty and non-obviousness of the application and presents these directly to the USPTO through third-party preissuance submissions.

About Porta Sophia

Porta Sophia, meaning doorway to wisdom, is a non-profit psychedelic prior art library created to support good patents in the field of psychedelics. Based in Madison, Wisconsin USA, Porta Sophia identifies scientific, historical and cultural prior art in common and uncommon spaces and brings it together in one simple search tool for innovators and patent reviewers. The organization's mission is to protect the public domain, stimulate innovation, and support good patents to assure psychedelic therapies can one day be available at scale to the people who need them.

Porta Sophia works to support equity in the psychedelic field. The organization facilitates community engagement through encouraging submissions of prior art from the public and organizing an interdisciplinary Archival Researcher Network (ARN) to ensure quality psychedelic prior art is readily available to patent applicants, examiners, and those interested in psychedelic research.

To learn more about Porta Sophia's patent and prior art workflow or get involved, visit www.portasophia.org.