Freedom to Operate has published its new study that can be used to fight back against anyone attempting to patent a polymorphic form of LSD and its salts.
Non-profit, Freedom to Operate, has published research on the polymorphic form of LSD D-tartrate, a common salt form of LSD. The organisation has stated that the study can be used by researchers, patent examiners and others to reject unfounded claims and to fight back against anyone attempting to patent a polymorphic form of LSD and its salts.
With LSD garnering large amounts of interest as a promising treatment for mental health and neurological conditions, Freedom to Operate highlights that LSD-based medicines could be blocked or discouraged if a company or person contains a patent on the chemical structure or polymorphic forms of LSD and its salts.
The mission of Freedom To Operate is to advance science and education, specifically research, in the public interest and for the public benefit, and it says publication of the study is a critical step to help protect and advance research and the development of LSD-based therapies that may eventually benefit millions of currently underserved patients.
Carey Turnbull, Founder and Director of Freedom to Operate, commented: “Freedom to Operate has sponsored and published this research so that any LSD researcher can benefit from this information, and it can be used by patent examiners and others to reject claims attempting to patent certain physical forms of LSD and its salts.”
Typically, patents are awarded when a claim to a new invention is determined to be useful, novel and non-obvious, giving patent holders the exclusive use of their inventions. However, patent applications can be denied and existing patent grants revoked when evidence exists that the invention claimed was publicly known or obtainable prior to the filing of a patent application.
Known as “prior art”, this evidence includes the publication of research such as the Freedom to Operate sponsored study that has just been made available via the organisation’s website and has been submitted to Porta Sophia, a non-profit website that protects psychedelic technologies in the public domain.
When LSD is made in a lab, it can be turned into a solid through crystallisation. This process creates crystals that contain molecules that repeat through space and settle into ordered patterns known as a polymorphic form, each with its own unique profile.
These forms can be differentiated by using a laboratory technique known as X-ray powder diffraction to refract x-rays off samples.
Freedom to Operate engaged an experienced independent chemical analysis laboratory to conduct the research. The researchers discovered that LSD D-tartrate, the most researched of the two forms of LSD tartrate, exists in a single polymorphic form, which they have designated as Form A.
In establishing the existence of this single polymorphic form of LSD D-tartrate, this research will prevent others from claiming and being awarded a patent based on an alleged invention of this polymorph.
“This research establishes prior art on the existence of a single polymorphic form of LSD D- Tartrate”, said Turnbull.
“By publishing this information and preventing patent claims we are ensuring that this potentially life-changing molecule will continue to be available for use in research and the development of treatments for patients.”
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