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Mike - End of the Road - Navigating Psychedelics and Patent Law

Published: Sept. 11, 2018, 3 p.m.

Download In this episode, Joe Moore interviews Mike from the podcast "End of the Road". Its a great podcast covering psychedelic and spiritual topics that are probably of interest to you. Mike is an attorney and he joins us to share some insights around patent law in the psychedelic space. Kyle and Joe were even feature on the show a few months back. Disclaimer - This interview is for informational purposes only, not for obtaining legal advice. \u201cOpinions expressed by me, at my own only, and not my firms.\u201d 3 Key Points:

  1. Patent law is worth understanding and shouldn't be ignored in our current psychedelic era.
  2. It can be used to help protect inventions and innovations that took time and money to develop.
  3. Patents aren't all bad. They can help protect the small guy as well and large corporations.
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Show Notes Patent on Ayahuasca
  • 1986 Boston College Law review article (source) Warren Miller, scientist and entrepreneur obtained a patent on a strain of ayahuasca vine.
  • 400 indigenous tribes challenged the validity of the patent. Controversy over the patent created hostility between Ecuador and US.
  • Patent criteria
  • A patent must be a process, machine, or manufacture or composition of matter. A patent does not depend on whether a composition of matter is living or non-living, but rather that it is altered and is not a naturally occurring substance.
  • Taking a plant from South America, and not altering it should not receive a patent.
  • Organizations owning a genome?
  • Transgenic modification \u2013 able to be patented
  • Plant patent \u2013 specific category
Psilocybin
  • Compass pathways \u2013 applied for a patent for growing psilocybin \u2013 \u201cgood manufacturing practice\u201d global standard for manufacturing pharmaceuticals, know your dose each time, etc
  • Compass Pathways applied for a British patent called the \u201cPreparation for Psilocybin\u201d
    • FDA requires that you meet certain standards when you test a product for purity.
    • Trying to patent a pure form of psilocybin. \u201cNon naturally occurring\u201d
    • Using the patent as justification to cover the cost for FDA trials.
  • Group of scientists who created a statement on open practice \u2013 4 point manifesto. (Ram Dass supports it) Trying to make it non-capitalistic \u2013 so no one can create a monopoly on it.
  • Full rights can bring the risk of unfair pricing moves
    • Martin Shkreli \u2013 marked up a life-saving drug by 3000x
    • Previous groups have decades of open sharing. Compass does not have the same origins
    • Scare \u2013 Compass marks up psilocybin. Could be unethical things happening within Compass, but not much journalism done here yet.
  • Once a patent is made, harder to make a similar patent.
    • Broad-based patents make it harder to create further patents down the line since they have to be novel or significantly different and precisely new
    • The process Compass is trying to patent is not the only way to produce GMP psilocybin, there are many other ways.
    • May pull a move that gives them special access to administer
  • Paul Stamets \u2013 psilocybin patent application
    • Using psilocybin and niacin for neural regeneration \u2013 a neural regenerated composition \xa0based upon constituents isolated from or contained within mushroom fruit bodies or psilocybin or the corresponding synthetic molecules combined with niacin
    • Google patents \u2013 US PTO 154914503 filing date April 23, 2017, another in 2018
      • Claims - Mushrooms have improved memory, cognition, motor skills, complex computer coding challenges, hearing, sensory, vision, learning, promote neurogenesis. Therapeutic applications of psilocybin.
      • A broad patent that covers a large variety of application for using psilocybin therapeutically, not approved yet.
      • Probably would capitalize on the patent. Keen for data sharing and being public with his work.
      • Previous patent: Pesticide replacement \u2013 fungi that infects ants and brings them back to their homes. More effective than pesticide.
      • Good he applied for a patent \u2013 it would mean that it wouldn\u2019t block people from accessing it or developing their own
  • Andrew Chadeayne \u2013 inventor and patent attorney
    • Has psilocybin patent update blog
    • Applied for patents in the psilocybin space
  • Monopoly law
    • If there is a popular drug used in the market, a drug company wanting to capitalize \u2013 it will cover all their bases with a patent
    • Daniel Pinchbeck \u2013 theories that could work (Marxist society)
    • Cuba \u2013 healthcare model \u2013 government funds certain health care practices for the public good/applications that the US would not.
    • A model that Marxists could use to get these products on the market vs capitalist model
    • The basic idea of patents: Inventor \u2013 creates a patent to protect the invention, not to dominate the market.
  • International Administration of Ketamine to treat Depression \u2013 Yale
    • Method for treating depression
  • University of California \u2013 scientists using \u201ccompounds for increasing neural plasticity\u201dnon-hallucinogenic catalog of psychedelic compounds
  • Novel devices for administration
    • Intranasal or inhalant administration method for THC, ketamine, etc.
  • SYQE \u2013 developed method of a delivery subject for Patent Protection
    • Full spectrum whole plant extract \u2013 different from a vaporizer
    • Pctil 2015 050676
    • Syqemedical.com
    • Smoking \u2013 route of administration dosing precision standard is 30%, their dose delivery is at 70%
  • Tel Aviv Israel \u2013 producing the lowest price per gram in the world of cannabis \xa0\xa0
    • All cannabis being researched in the country must come from one specific facility \u2013 set the US back
  • German patent \u2013 synthetic ayahuasca DE201610014603
  • Open source model
    • Common law copyright and trademark protection
    • Laws changed in 2013 \u2013 first to file the patent first, gets the invention
      • Important to get patent protection early in the process
      • Provisional, and non-provisional patent. Provisional gives a year grace period to file non-provisional without all of the details of the full application.
    • Infusion pump technology \u2013 method of delivery (ex. DMT) controls the level of a substance in the blood for an undefined, extended period of time.
      • Insulin pumps \u2013 monitor and deliver
      • Raspberry pie devices \u2013 can buy a computer and program it to do specific functions. Ex. automated brewing system with temp controls.
      • DMTx \u2013 same computer could be programmed and applied to control the levels of DMT in the bloodstream
Links

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About Mike Exploring the Horizons we never touch, because we are already there....with Michael. Mike is a patent lawyer with a long history in trial law. He has a great podcast that you should check out - End of the Road