Soft Furniture, Psychedelic Patents, and Compass Pathways
So, apparently Compass Pathways, or in this case Compass Pathfinder Limited, are still doing the whole trying to patent soft furniture thing.
While a press release from Portia Sophia in 2022 states that ‘The highly controversial claims regarding set and setting have been completely cancelled,’ it seems that there is still a live patent application, currently ‘pending’ that includes these same (or similar) claims.
I have not had time to read the whole thing (patents are long!) But search for patent US20250302851A1 (or just ‘20250302851’ if you’re using the USPTO search) for ‘soft furniture’ and there it is:
In some embodiments, the psilocybin is administered to the subject in a facility (e.g., a room) with a substantially non-clinical appearance. For example, the psilocybin can be administered in a room that comprises soft furniture (e.g., plush couches, chairs, or pillows) and/or plants. In some embodiments, the room may be decorated using muted colors (e.g., greyed, dulled, or desaturated colors).
Is this covered by US20250302851A1? If you are being treated using COMP360, it might be! Photo by Phillip Goldsberry on Unsplash
There’s also use of:
Eye-masks: ‘In some embodiments, the therapist may encourage the subject to put on an eye mask…’
Headphones: ‘In some embodiments, the therapist may encourage the subject to put on headphones and listen to music. In some embodiments, the headphones reduce outside noise (e.g., “noise-cancelling” headphones).’
Playlists: ‘In some embodiments, the music comprises a playlist which mirrors the pharmacodynamics of a typical high-dose psilocybin session: the initial stage, the early stage, the peak stage, and the late stage.’
Hand on arm contact: ‘This is where, upon the subject's request, a therapist will place his or her hand on the subject's wrist, arm, hand, or shoulder, as a way of helping the subject feel secure during this phase.’
Microdosing: ‘In some embodiments, the method and/or treatment can comprise subperceptual-dosing (e.g., a dose of less than 3 mg, 2.5 mg, 2 mg, 1.5 mg, 1 mg, 0.9 mg, 0.8 mg, 0.7 mg, 0.6 mg, 0.5 mg, 0.4 mg, 0.3 mg, 0.2 mg, or 0.1 mg)…’
Sure, it’s all for their ‘Polymorph A’ formulation of psilocybin. It would also apply to ‘neurocognitive disorders (e.g., Alzheimer's disease, Parkinson's disease), ADHD, Epilepsy, Autism, Sleep-wake disorders, Chronic pain, Inflammatory Disorders, IBD, Stroke, ALS, and/or Multiple Sclerosis.’ But the inclusion of the same aspects regarding set and setting that were widely criticised back in 2021 seems strange.
Perhaps this is because I’m not a patent lawyer, but I fail to see the utility of being so over-the-top with these claims. Polymorph A already has a patent granted that protects its manufacture and use for treatment resistant depression. I understand the rationale, from a commercial viewpoint, of wanting to extend this to treating a wider range of health challenges. But, does anyone genuinely care, from a legal and intellectual property standpoint, if there is a couch in the room where someone is dosed with Polymorph A? Clinically, yes, the patient being comfortable is really important.
To me at least, this feels like overreach, as if Compass Pathways is trying to patent aspects of best practice that its researchers did not develop. I’m happy to be corrected if I’m wrong, but Compass invented Polymorph A, not tripping on a couch while using headphones and an eye-mask while being supervised by a therapist who may touch your arm if you ask them to. This isn’t exactly a Markush claim. It’s actually something that makes less sense.
Anyway, I’ll update this post after further analysis and as more facts come to light.
In the meantime, my inbox is open if you have anything to add.
(Or, you can just buy the shirt.)
This US20250302851A1 & soft furniture themed shirt is perfect for causing awkward silences at your next psychedelic conference
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