Patent controversies in psychedelics
The competition for patents is well under way… each company has interpreted the decision as a win, with Freedom to Operate saying the decision limits Compass Pathways’ “ownership [to] . . . the exact shape of their form of psilocybin, and not others,” while Compass Pathways does not “see how avoiding infringing on their patents is easier now than before.”
The US Patent Trial and Appeal Board (PTAB) found Freedom to Operate’s arguments unconvincing because the measurements reflecting applicable prior art in its petition did not correspond to Compass Pathways’ exact measurements of Polymorph A. The PTAB therefore agreed with Compass Pathways’ arguments and interpretation of their patents and declined to institute the post-grant reviews (PGRs).