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ARTICLE · 17 JUNE 2022

Intellectual Property Due Diligence In Psychedelics

Fox Rothschild LLP
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The market for psychedelic substances is projected to grow rapidly, potentially outpacing the legal US cannabis market. But evaluating the promise, and the risk, of a psychedelics...

United StatesIntellectual Property
Jayashree Mitra, Ph.D.
Jayashree Mitra, Ph.D.
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The market for psychedelic substances is projected to grow rapidly, potentially outpacing the legal US cannabis market. But evaluating the promise, and the risk, of a psychedelics IP portfolio is still mired in unknowns. What should investors be looking for in this nascent industry?

Unlike novel chemical compounds that are synthetically produced in the pharmaceutical industry through drug development programs, psychedelic compounds have a long and established history. Whether derived from the plant or developed in the lab, the bare-naked molecule is unlikely to be eligible for patent protection. For example, compounds such as psilocybin, mescaline, ibogaine, and LSD are being evaluated in clinical trials, but the compounds themselves are unpatentable because their existence is well documented in the prior art.

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