Protecting Psychedelic Innovation: IP, Patents, & Defensibility

Recorded on 09/10/26

Senior biotech analyst Ritu Baral hosts Linnea Cipriano, partner in Goodwin's IP litigation practice. Cipriano explains why psychedelic therapies often require a different IP playbook than standard pharmaceuticals. Unlike newly synthesized compounds with limited prior art and composition-of-matter protection, first-generation psychedelics are long-studied molecules where prior art presents a significant patent challenge, often more so than many compounds' natural origin. We also discuss how sponsors can build layered protection through formulations, polymorph/crystalline forms, delivery devices, manufacturing processes, and method-of-use claims. Cipriano emphasizes the balance between patentability and enforceability: narrow claims may overcome prior art but are harder to prove infringed; polymorph and crystalline form patents may be obtainable yet easier for competitors to design around. Cipriano also explains why formulation patents may offer a better balance of obtainability and enforceability, why device and manufacturing patents can remain valuable even when they are not Orange Book-listable, and how treatment-model claims become more defensible when patient selection, dosing, monitoring, and follow-up are mandatory rather than optional.