Enveric Biosciences has retained intellectual property law firm Fish and Richardson P.C. to defend its U.S. Patent No. 12,138,276 against a Post-Grant Review petition filed by Gilgamesh Pharmaceuticals, setting up a high-stakes patent dispute involving claims that appear relevant to a psychedelic compound recently acquired by AbbVie for up to $1.2 billion.
The contested patent, entitled "Halogenated psilocybin derivatives and methods of using," includes claims that may be relevant to Bretisilocin (GM-2505), currently in clinical trials for major depressive disorder. AbbVie agreed to acquire Gilgamesh Pharmaceuticals and its Bretisilocin program on August 25, 2025, in a definitive transaction valued at up to $1.2 billion.
Patent Dispute Details
Gilgamesh's Post-Grant Review petition specifically targets claims that may be relevant to Bretisilocin and other claims within Enveric's '276 patent. The patent family extends beyond the contested U.S. patent, including one additional issued U.S. patent, a pending U.S. application, and related international patent applications in Australia, Canada, China, Europe, Japan, Mexico, and South Korea.
Importantly, Enveric's '276 patent family does not cover the company's proprietary therapeutic pipeline, including its lead candidate EB-003, which are protected under separate, distinct patent families.
Enveric's Pipeline and IP Portfolio
Enveric maintains a substantial intellectual property portfolio comprising 26 issued U.S. patents and 60 pending national and international applications covering five programs. The company's product pipeline features several key assets:
EB-003 represents Enveric's lead therapeutic candidate, designed as a differentiated compound with dual agonism at 5-HT1B and 5-HT2A receptors for development in depression and anxiety. The compound is advancing toward filing an Investigational New Drug application to begin human clinical trials.
The EVM-401 series consists of small molecules discovered through Enveric's proprietary research platform, while three additional programs and their related patent portfolios have been successfully out-licensed to third parties for development.
Licensing Revenue Potential
Under existing licensing agreements, Enveric is eligible to receive aggregate upfront, development, and sales milestones potentially totaling up to $205 million, plus royalties on future sales from its out-licensed programs.
"Enveric has built a diversified product pipeline and a broad intellectual property estate designed to deliver novel solutions for serious neuropsychiatric conditions," said Dr. Joseph Tucker, Chief Executive Officer of Enveric Biosciences. "As major pharmaceutical companies pursue novel approaches in this field, Enveric has gained attention and is well positioned with differentiated patented molecules, national and international patent portfolios, and multiple programs advancing toward clinical development directly and through licensees."
Strategic Positioning
Tucker emphasized the company's commitment to protecting its intellectual property assets: "Enveric will vigorously defend its intellectual property and take all steps necessary to maximize the value of its intellectual property for shareholders."
Enveric positions itself as a biotechnology company focused on developing next-generation, small-molecule neuroplastogenic therapeutics that address unmet needs in psychiatric and neurological disorders. The company leverages a differentiated drug discovery platform and a growing library of protected chemical structures to advance novel compounds designed to promote neuroplasticity without hallucinogenic effects.
The patent dispute comes at a time of increased pharmaceutical industry interest in psychedelic-derived therapeutics for mental health applications, with AbbVie's substantial investment in Bretisilocin highlighting the commercial potential of this emerging therapeutic class.
