…Compass Pathways’… patent…
Compass will now have three months to respond to each filing. Then, the Patent Trial and Appeal Board, a collection of administrative judges… will make a decision as to whether the petitioner demonstrates that at least one of the challenged claims is “more likely than not” unpatentable—and whether the case should proceed to a trial.
Compass could respond in a variety of ways. It could try to challenge the filing procedurally, or address the content directly. For example, it could argue that this specific mix of polymorphs—if they agree that’s what it is—is novel in itself, or try to still contend it found a novel crystalline form. This is where patent law will step in over science—will it be considered non-obvious and useful to have different proportions of what already exists, if that’s the case? Another unanswered aspect is whether there’s something about Compass’s crystalline form that makes it easier to encapsulate or formulate, or offers some other novel benefit… the psychedelic community, as well as other companies in the space looking to file patents and gain intellectual property, will be watching the outcome of this case closely.
Original Article (Vice):
New filing challenges compass pathways’ infamous patent on synthetic psilocybin
Artwork Fair Use: Wilhelm Zimmerling PAR