Porta Sophia Files Third Party Observation and Submission for University Hospital of Basel Application PCT/IB2022/054049 and 17/734,601

MADISON, WI USA (June 21, 2023) Porta Sophia filed a third party observation with the with the World Intellectual Property Organization (WIPO) today for International Patent Application Number PCT/IB2022/054049 entitled “LSD and Psilocybin Dose Equivalence Determination”, which is currently assigned to University Hospital of Basel. The submission consisted of six prior art documents that is material to the patentability of all 10 claims of the application.

Concurrently, Porta Sophia filed a third-party preissuance submission with the United States Patent and Trademark Office (USPTO) on June 08, 2023 for U.S. Pat. App. Ser. No. 17/734,601 assigned to University Hospital of Basel and having similar claims.

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: LSD and psilocybin dosing system

The ’601 and ‘049 applications were filed on May 2, 2022 and claim priority to a U.S. provisional application filed on August 3, 2021. They describe a method of treating a patient with a psychedelic by administering a dose of LSD known to be equivalent to a dose of psilocybin or administering a dose of psilocybin known to be equivalent to a dose of LSD. Prior art in the third-party preissuance submission and third party observation included publications from domestic and international patent documents. This prior art anticipates claims lacking novelty in the ’601 and PCT applications. The full third-party submission is available here and third party observation 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.

WIPO Patent Cooperation Treaty guidelines allow third parties to submit prior art and concise descriptions of their relevance to the WIPO. This ensures that the documents submitted will 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.