MADISON, WI USA (September 1, 2023) Pike Therapeutics Inc. has today abandoned U.S. Pat. App. Ser. No. 17/231,553 entitled “TRANSDERMAL MICRO-DOSING DELIVERY OF PSYCHEDELICS DERIVATIVES” after failing to respond to an office action issued by the United States Patent and Trademark Office (USPTO). On March 29, 2022, Porta Sophia filed a third-party preissuance submission that challenged the patentability of the application's claims on the grounds that the claims lack novelty and are obvious to someone skilled in the art.
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 readily available relevant historical documentation for patent examiners, innovators, and the public alike to explore the scope of psychedelic technologies.
Patent application: Transdermal microdosing of psychedelics
The ’553 application was filed on April 15, 2021, and claimed priority to a provisional application filed on April 16, 2020. It describes the transdermal microdosing of individual or combinations of psychedelic drugs for the treatment of mental disorders. The application includes claims relating to psychedelic indication, drug delivery, and dose regimen.
The abandonment comes after Pike Therapeutics Inc. failed to respond to a “Requirement for Restriction/Election” office action issued by the USPTO on January 26, 2023. No evaluation of patentability had yet been made on the application’s claims at the time of the abandonment.
To date, no other family members of this application have been filed.
Read the Porta Sophia third-party preissuance submission full claims chart and corresponding prior art here.
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. This ensures that submitted documents will be considered in the examination of associated patent applications. In addition, these submissions have a broad impact because applicants have a duty to disclose the submitted prior art 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.
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.