Patent Granted Covering DMT Vapes

On Tuesday, Psilocybin Alpha editor-at-large Graham Pechenik reported that a patent that claims DMT, 5-MeO-DMT, and 2C-B vapes has been granted.

The patent, titled Delivery System for Ayahuasca-Like Substances, was first filed as a provisional in July 2020 by an sole inventor, who also happens to be a registered patent lawyer. But, many have asserted that DMT vapes existed well before the priority date, leading to outrage at the granting of this patent.

Let’s check the very first claim made by the patent under discussion:

A device for the delivery of a substance comprising: a chamber comprising at least one vaporizable formulation wherein the vaporizable formulation comprises the substance and wherein the substance comprises one or more of dimethyltryptamine, 5-methoxy-N,N-dimethyltryptamine, or 2-5-dimethoxy-4-bromophenethylamine.

Okay, now let’s head to the Definitions section of the patent in order to make this legalese layperson’s speak. Three relevant excerpts:

“A chamber is analogous to a “vape cartridge” well known in the art that may include a top portion connected to a mouthpiece, and a bottom portion connected to a battery or power supply that provides power to a heating element that may be present in the chamber that functions to heat the vaporizable formulation to produce vapor.”

“dimethyltryptamine (also known as N,N-dimethyltryptamine, or DMT)”

“As used herein, a “vaporizable formulation” refers to a liquid (e.g., an oil) and/or solid (e.g., a wax) solution that may be contained within the chamber of the present invention, and which produces a mist or vapour when heated by a heating element that functions to provide a vaporizable carrier for the ayahuasca-like substances described herein.”

So, claim 1 can be understood to claim a “vape cartridge” containing a vaporizable formulation (liquid and/or solid) of DMT, among other substances.

So, this patent claims a DMT (among other substances) vape: plain and simple.

Just under a year ago, Pechenik reported that Philip Morris, the multinational tobacco company, had filed a number of DMT-related patents including ones claiming e-cigarettes and related mechanisms that could be used to deliver drugs including DMT. This was covered by Shayla Love over at VICE.

But, it is this lone inventor who has successfully patented DMT vape pens.