Pubdate: Fri, 05 Nov 1999 Source: Associated Press Copyright: 1999 Associated Press Author: David Ho, Associated Press Writer HALLUCINOGENIC PLANT PATENT HALTED WASHINGTON - The U.S. Patent and Trademark Office suspended a California man's 13-year-old patent for a hallucinogenic plant Thursday because of a challenge from South American groups claiming the plant sacred to Indians. The plant, Banisteriopsis Caapi, a vine found in the Amazonian rain forests, is used to make a mind-altering drink known as ayahuasca (eye-ah-wah-ska). While used by South American Indians for religious and healing ceremonies, the plant has often been sought by anthropologists, botanists and drug enthusiasts interested in its psychoactive properties. In 1986, the Patent Office issued patent No. PP5,751 to Loren Miller, whose patent abstract calls the plant ``Da Vine'' and says it is characterized by its ``medicinal properties.'' The Patent Office suspended the patent because of evidence the plant had been described in publications more than a year before the original patent application. Miller was unavailable for comment. The Center for International Environmental Law and two Amazonian groups issued the challenge, saying that U.S. patent law is flawed to have allowed the patent. ``The PTO needs to change its rules to prevent future patent claims based on the traditional knowledge and use of a plant by indigenous peoples,'' David Downes, a lawyer for the challenging groups, said in a statement. The suspension prohibits Miller from exercising his patent rights for six months, said Patent Office Spokeswoman Brigid Quinn. If Miller fails to counter the challenge within that time by presenting his own evidence, the patent will be permanently rejected. In the 1971 book ``The Yage Letters,'' beat-generation writers Allen Ginsberg and William Burroughs described their often-frightening episodes under ayahuasca's influence in Colombia and Peru in the 1950s and 1960s. Since then, Ayahuasca use has spread beyond the rain forest and many Internet sites now exist dedicated to describing its affects. - --- MAP posted-by: Derek Rea