Monster Color Carnival LLC Relinquishes All Patent Rights in Response to Porta Sophia’s Inter Partes Review Challenging Patent on Psychedelic Administration via Vaporizer

MADISON, WI USA (December 1, 2025) — Porta Sophia, in collaboration with Casimir Jones, S.C. and Calyx Law, earlier this year filed an inter partes review (IPR) with the United States Patent Trial and Appeal Board (PTAB) against U.S. Patent No. 11,235,110 titled “Delivery system for ayahuasca-like substances” held by Monster Color Carnival, LLC. The patent covered vaporizer administration of one or more of dimethyltryptamine (DMT), 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT), and 2-5-dimethoxy-4-bromophenethylamine (2C-B).

In response to the IPR filing on August 22, 2025, the patent owner disclaimed all claims of the ’110 patent – ending the ’110 patent.

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.

Background

The '110 patent, filed in July of 2020 and granted in February 2022, has received significant criticism for the limited time dedicated to its examination and amount of public domain information the patent claimed. Media outlets, including Vice and Psychedelic Alpha, published pieces on the ’110 patent voicing concern for the amount of public information the patent contained.

A broad child application of the '110 patent is under examination, against which Porta Sophia has filed a third-party preissuance submission. At the time of publication of this press release, examination of the child application is still underway and no substantive office actions evaluating the patentability of claims have yet been filed. Critically, the IPR filing and all the prior art it contains will need to be considered in the examination of the child application, although the applicant has not yet provided those materials to the Patent Office as required.

The IPR Challenge: Administration of DMT, 5-MeO-DMT, and 2C-B via Vaporizer

The IPR filing challenged the patentability of all 20 claims of the ’110 patent, which related to the administration of one or more of the well-known psychedelics DMT, 5-MeO-DMT, and 2C-B via a vaporizer, such as a vape pen. Device features, the addition of monoamine oxidase inhibitors, and the use of common vaporizer solvents were also claimed. Porta Sophia’s IPR filing presented prior art that demonstrated the lack of novelty and the obviousness of all claims.

Key Elements of the IPR

• DMT, 5-MeO-DMT, and 2C-B are commonly administered through vaporizers, including modular commercially available vape pens, using commonly used vape solvents as claimed in the ’110 patent. This was demonstrated through prior art in the form of other patents, peer reviewed publications, news reports, and public forum posts on platforms such as Erowid and DMT-Nexus.
• The ’110 patent did not provide sufficient technical evidence to support the claimed invention, undermining any suggestion of non-obvious innovation. The single example presented to support the claims described the production of a delivery device by placing the vaporizable formulation into a chamber and attaching a power unit to the chamber. No experimental data relating to vaporizing the alleged vaporizable formulation using the delivery device was presented.
• This filing included an expert statement from a highly regarded scientist that specialized in vaporizer technology, Professor Emeritus Dr. David Peyton. This statement supported assertions related to requisite scientific background necessary to establish a person of ordinary skill in the art, administration of claimed compounds and derivatives thereof, vaporizer assembly and predictability of functionality, and vaporizer solvent formulations.

The full IPR and supporting documents that were submitted to the PTAB on August 22, 2025, are available here.

This is the first domestic post-grant patent challenge made by Porta Sophia. Porta Sophia will continue to review and challenge granted patents that are a threat to the public domain.

About Porta Sophia

Porta Sophia is a non-profit psychedelic prior art library dedicated to protecting the psychedelic public domain and supporting good patents in the field. Based in Madison, Wisconsin, Porta Sophia tracks and analyzes psychedelic-related patent applications worldwide, intervening where necessary to safeguard the public domain from overly broad patents. By identifying scientific, historical, and cultural prior art across various spaces, Porta Sophia ensures that improperly claimed patents are contested before relevant patent offices. Through a simple search tool for innovators and patent reviewers, Porta Sophia’s resources are readily available to support patent examiners and researchers. Their work fosters a landscape where innovation thrives, ensuring that psychedelic therapies can be made available at scale to those who need them.

To learn more about their mission and get involved, visit www.portasophia.org.