Patenting and Psychedelics

?By Dale Hunt, PhD, JD – Hunt IP Law?

Into the Mainstream

By now, we’ve all heard about psychedelics. Until recently, most people thought of them as party drugs such as Ecstasy, or as throwbacks to the LSD culture of the hippie era. More recently, though, psychedelics have gained recognition as legitimate medicines for treatment of psychological and neurological conditions including depression, PTSD, and even long covid.

Thus, psychedelics are now the subject of not only best-selling books and documentaries, but also peer-reviewed academic research by top scientists at respected universities and hospitals. Experienced clinicians and researchers are turning to psychedelics to treat their patients and enhance their understanding of basic neuroscience.

In addition, research into the molecular action of psychedelics has led to a better understanding of their efficacy and relative safety, especially when compared with other psychiatric drugs. This resetting of assumptions about the safety of psychedelics has renewed the debate about legalizing not only directed medical use but also other use regimes including micro-dosing and recreational use.

Pros and Cons of Patenting

Any field experiencing these kinds of advances is likely to draw the interest of investors, and investors love patents. Ideally, patents promote investment in research and innovation by assuring that the discoveries paid for by that investment will belong to and be controlled by the investee.

However, there are limits on what is patentable, and there are also policy concerns about whether patents are harmful to the public as a whole. Critics argue that patents limit access to important medicines while also having a chilling effect on further innovation and progress.

This is the first in a series of blog posts on patenting and psychedelics. Watch this space for additional posts on patenting “magic” mushrooms; what kinds of things are not patentable; what kinds of patents actually enhance access to innovations; and other topics of interest. If you have specific requests or suggestions for topics to be covered, please send me an email: [email protected].

This article is not legal advice and does not take the place of legal advice. If you need legal advice, seek the assistance of a qualified attorney.

? 2025 – Hunt IP Law