MADISON, WI USA (September 14, 2023) 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. 17/989,673 entitled “PHENETHYLAMINE COMPOUNDS SALTS, POLYMORPHIC FORMS AND METHODS OF USE THEREOF”, which is currently assigned to Terran Biosciences, Inc. The submission consisted of 19 prior art documents that are material to the patentability of all 20 active 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.
Patent application: solid formulations of empathogenic compounds
The ‘673 application was filed on 17 November 2022 and claims priority to another U.S. application filed on 17 November 2021. It describes solid forms of empathogens including racemic MDMA, (S)-MDMA, (R)-MDMA, MDE, (S)-MDE, (R)-MDE, MBDB, (S)-MBDB, (R)-MBDB, MDAI, MEAI, or 5,6-Dimethoxy-2-aminoindane. The solid forms described could be powders, tablets, pills, capsules, cachets, suppositories, and dispersible granules, and the empathogen be in the form of a pharmaceutically acceptable salt form.
Prior art in the third-party preissuance submission included publications from peer reviewed chemical characterization publications, domestic and international patent documents, public forum postings, book sections, and government database entries. This prior art anticipates claims in the ’673 application. The full third-party submission documentation 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.
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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.