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Indigenous Knowledge & Patent Law Roundtable: Porta Sophia Archival Researcher Network (ARN) Kickoff Event
This roundtable will focus on the issue of whether Indigenous Knowledge should be considered as prior art in US patent law; and, if so, what steps should be taken to make that happen.
Patents are granted when an invention is determined to be useful, novel, and non-obvious. This determination involves an evaluation of evidence, called prior art, relevant to the question of whether the invention was publicly known or available before a patent application was filed. Prior art is assessed from the perspective of a person of ordinary skill in the field of invention and can take the form of any reference or document including published manuscripts, previous patents, archival documents, cultural artifacts, and even a post on a blog forum.
Psychedelics have a unique history because the majority of innovation in this space has taken place outside of the context of business; for example, in Indigenous and underground communities. Western law has shown significant bias by preferring prior art in the form of western research journals, patents, and documentary evidence over oral testimony. However, Indigenous peoples are skilled artisans who had expertise in psychedelic medicine long before the west learned of its therapeutic potential. In the western psychedelic renaissance, entities are trying to monopolize and commodify Indigenous knowledge and traditions that are not recorded in western scientific, business, or archival formats.
This panel will feature Sutton King MPH, Tink Tinker PhD, Priti Krishtel JD, David Casimir JD, PhD, and Graham Pechenik JD (moderator). The group will together consider what a broader definition of psychedelic prior art might look like, while also taking into consideration what it means for IK to take on the public status associated with current conceptions of prior art. This panel aims to begin sustainable, long-term change to what has long been an exclusionary and extractive process by imagining new law around psychedelic prior art and IK.

Jun 3, 2022 11:30 AM in Central Time (US and Canada)

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