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The Ayahuasca Patent Case


Web link: www.singingtotheplants.com/2008/01/a...

Abstract

In 1981, Loren Miller, director of California-based International Plant Medicine Corporation, took a sample of ayahuasca back to the United States. Miller then patented it with the U.S. Patent and Trademark Office, claiming a new plant variety he called Da Vine, and in 1986 obtained exclusive rights to sell and breed the plant. It was not until ten years later that Amazonian native people became aware that one of their sacred plants was now under U.S. patent law. By 1998, Miller had received, and ignored, repeated requests from indigenous groups to give up the patent. Ironically, after all his legal efforts, Miller was left with a patent that was virtually valueless. The patent he received protected only the specific genome of the patented plant and its asexually reproduced progeny — that is, exclusive rights over nothing more than his original plant and specimens grown from its cuttings. It did not give him rights over any other specimens of the ayahuasca vine, even specimens that might be identical in appearance. Under the law, a patent applied for before 1995 expires seventeen years from the date it was originally issued. The ayahuasca patent expired on June 17, 2003. It cannot be renewed.