can DMSO be patented?

The short version: DMSO is a simple molecule that cannot be patented as a substance, but specific uses, formulations, and purification methods can be patented.

DMSO (dimethyl sulfoxide) is a naturally occurring organosulfur compound that has been known since 1866. It is not a new chemical entity. A basic chemical compound cannot be patented once it is part of the public domain. That ship sailed long ago.

What can be patented are specific applications and formulations. For example, a topical diclofenac solution containing 45.5% DMSO as a penetration enhancer is a patented product [26]. Methods of using DMSO for cryopreservation of cells or tissues can be patented. Processes for producing high-purity DMSO (over 99.99%) can be patented. The 2024 review notes that higher purity may reduce the garlic-like breath odor that historically limited DMSO's acceptance [26].

The patent system on DMSO works the same way it does on water or salt. You cannot patent the molecule itself. You can patent a new way to use it, a new mixture that includes it, or a new way to make it cleaner. The patent then covers that specific invention, not DMSO itself.

My call: DMSO as a substance is unpatentable, but specific uses, formulations, and purification methods are patentable, and several are currently patented.

Confidence: high. This is a matter of patent law, not a scientific dispute.