I hate patents which tramples innovation and blocks people from helping each other. But there is hope for us from getting crushed from the Patent trolls.
Example: https://www.eff.org/deeplinks/2020/05/new-low-bad-patent-patent-troll-sues-ventilator-company
https://www.canadianbusiness.com/companies-and-industries/patent-trolls-invade-canada/
First, a definition:
A patent troll is a derogatory term used to describe a company that uses patent infringement claims to win court judgments for profit or to stifle competition. (ed- This is us) The term may be used to describe a number of business activities that utilize patents and the court system to earn money.
From https://en.wikipedia.org/wiki/Patent_troll:
Patent trolling ... is a categorical or pejorative term applied to a person or company that attempts to enforce patent rights against accused infringers far beyond the patent's actual value or contribution to the prior art,[1] often through hardball legal tactics (frivolous litigation, vexatious litigation, strategic lawsuit against public participation (SLAPP), chilling effects, and the like).
....
The cost of defending against a patent infringement suit, as of 2004, was typically $1 million or more before trial, and $2.5 million for a complete defense, even if successful.[44] Because the costs and risks are high, defendants may settle even non-meritorious suits they consider frivolous for several hundred thousand dollars.[44] The uncertainty and unpredictability of the outcome of jury trials in the United States also encourages settlement.[45]
It has also been suggested that distortions in the patent market, such as those caused by the examination backlog, promote patent trolling.[46]
.....
There is also no obligation to defend an unused patent immediately, thus manufacturing companies may produce the patented product for years until the patent troll sues them. For example, the JPEG format, intended to be free of license fees, was subject to two patent attacks, one by Forgent Networks during 2002–2006 and another by Global Patent Holdings during 2007–2009. Both patents were eventually invalidated based on prior art,[50][51] but before this, Forgent collected more than $100 million in license fees from 30 companies and sued 31 other companies[52]
I am horrified by multiple psilocybin patent applications filed by (evil?) corporations. A sample list is here: https://www.benzinga.com/markets/cannabis/21/03/20263420/these-24-psychedelic-patents-are-paving-the-way-for-medicine-2-0
How to tackle them - my 2 cents:
Be knowledgeable of the Patent landscape. https://patents.google.com/?q=psilocybin&oq=psilocybin
Methods for treating anxiety disorders, headache disorders, and eating disorders with psilocybin
https://patents.google.com/patent/WO2020212951A1/
Oral soft gel capsule containing psychedelic compound
https://patents.google.com/patent/US20210015833A1/
Oral dissolvable film containing psychedelic compound
https://patentimages.storage.googleapis.com/4a/35/3a/12c5285dd905df/US20210015738A1.pdf or https://patents.google.com/patent/US20210015738A1/
Methods of treating neurocognitive disorders, chronic pain and reducing inflammation
Methods for treating dependence...medicine is selected from...psilocybin
Assessing and treating psychedelic-responsive subjects
providing a subject, wherein based on a score of one or more predictors in the subject, the subject has been identified as likely to have a positive therapeutic response to a psychedelic agent; and....
wherein the subject is obese, and the method comprises promoting weight loss in the subject
improving the mood of a subject, or enhancing the performance of a subject...psychological disorder.
Low dose therapeutic treatment
Some embodiments of the invention relate to a system for delivering to a subject at least one pre-determined amount of THC
https://patents.google.com/patent/US20190015382A1
Never use their exact words but find equivalent words and use them:
If they use the word "weight reduction using Psychedelicts" in their patent , we can use " lowering the Body-mass index using Psychedelics"
Learn from them & Change one of their words for our benefit and marketing purposes
We can collect their materials and information from the patent filing to get more knowledge and usage in the broader landscape.
Get together and fight back:
https://en.wikipedia.org/wiki/Inter_partes_review
https://www.smartbiggar.ca/insights/publication/on-the-lookout-for-patent-trolls
Beware of the friendly “Would you like to take a license?” letter.
Get prompt legal advice
Consider your options and take action quickly.
Control risk
Attack the validity of the patent
Consider joining forces
Consider designing around
Consider settling.