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Porta Sophia Files European Patent Opposition Against GH Research Ireland Limited’s Patent on 5-MeO-DMT for Treating Major Depression

Psychedelic prior art library challenges the patentability of claims related to the treatment of major depressive disorder using 5-MeO-DMT

MADISON, WI USA (May 22, 2024) — Porta Sophia, in collaboration with Casimir Jones, S.C., and Fleuchaus & Gallo Partnerschaft mbB, has filed an opposition with the European Patent Office (EPO) against European Patent No. 3 927 337, held by GH Research Ireland Limited. The patent, which covers the use of 5-Methoxy-N,N-Dimethyltryptamine (5-MeO-DMT) for treating major depressive disorder, was opposed on multiple grounds, including lack of novelty and insufficient disclosure.

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.

European Patent Opposition: Use of 5-MeO-DMT for Treating Major Depressive Disorder

The patent opposition targets the scope of claims related to treating patients with major depressive disorder with 5-MeO-DMT. Porta Sophia’s opposition presents prior art and evidence that challenge the novelty and inventive step of the patent claims. The submission challenges the patent’s scope, presenting that similar uses of 5-MeO-DMT have been disclosed in scientific literature prior to the patent filing.

Key Elements of the Opposition

  • The subject matter of the claims is not new as demonstrated in the opposition filing which references earlier disclosures that describe 5-MeO-DMT’s use for depression treatment.
  • The patent does not provide sufficient technical evidence to support the claimed therapeutic effect, particularly for the targeted subgroups such as patients with moderate, severe, or treatment-resistant forms of major depressive disorder.
  • The patent also lacks inventive step, as prior art documents already describe the use of 5-MeO-DMT for related purposes.

The full notice of opposition and supporting documents have been submitted to the EPO on May 22, 2024 and is available here.

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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.