Porta Sophia Files Third-Party Preissuance Submissions for GH RESEARCH IRELAND LIMITED U.S. Patent Application Nos. 18/373,906 and 18/373,914

MADISON, WI USA (October 16, 2024) Porta Sophia filed two third-party preissuance submissions with the United States Patent and Trademark Office (USPTO) today for U.S. Patent Application Nos. 18/373,906 and 18/373,914, both titled “5-METHOXY-N,N-DIMETHYLTRYPTAMINE (5-MEO-DMT) FOR TREATING DEPRESSION.” The applications, which contain similar claims, are currently assigned to GH RESEARCH IRELAND LIMITED. The submissions included eight and seven prior art documents, respectively, that are material to the patentability of all 85 and 87 claims of the applications.

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.

Patent application: therapeutic use of 5-MeO-DMT for postpartum depression

The ’906 and ’914 applications were both filed on September 27, 2023. The claims both address the treatment of mental or nervous system disorders in breastfeeding mothers using 5-MeO-DMT, with provisions for dosage amounts and instructions for temporary cessation of breastfeeding. Both applications focus on uptitration schemes and ensuring that breastfeeding resumes after safe time intervals, based on the concentrations of 5-MeO-DMT and its metabolites. The primary difference is that ’914 specifies intravenous, intramuscular, or subcutaneous administration with lower dosage ranges, while ’906 includes broader dosage options and administration methods, such as inhalation or nasal routes.

Prior art in the third-party preissuance submissions included U.S. patent document and peer reviewed journal articles. This prior art anticipates claims in the ’906 and ’914 applications. The full third-party submission documentation for ’906 is available here and for ’914 is available here.

Third-party submissions of prior art

United States patent law 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 tracks and analyzes psychedelic patent applications globally. If an application improperly claims innovation of something known in the public domain and meets the standards of Porta Sophia's third party intervention evaluation criteria, the team assembles evidence against these invalid claims and contests them directly to the relevant patent office through third-party interventions.