Shayla Love, with a thought-provoking article for VICE:
Graham Pechenik, a patent and intellectual property (IP) lawyer, recently tweeted about claims he found surprising in a pending application for psychedelic therapy using psilocybin, the hallucinogenic ingredient in magic mushrooms.
Claims are the meat and potatoes of a patent. They define the parameters and limitations of what is being claimed for an invention that an individual or organization wants to have ownership of.
That's why Pechenik felt moved to call out a patent application from Compass Pathways, a psychedelic mental health company that has previously garnered attention for both its promising results in the treatment of depression using psychedelics, as well as its transition from a charity to a for-profit company, its patent of a synthetic form of psilocybin, and having investors like Paypal founder Peter Thiel.
The patent application, filed in 2020, for “treatment of depression and other various disorders with psilocybin," includes claims involving rudimentary facets of psilocybin-assisted therapy like having "a room with a substantially non-clinical appearance.” Other claims found in the application: "the room comprises soft furniture,” “the room is decorated using muted colors,” “the room comprises a high-resolution sound system,” and “the room comprises a bed or a couch.
Some claims are about participant behaviors: “wherein the subject lies in the bed or on the couch” and “wherein the subject listens to music.” And some claims are simple actions from therapists: “the therapist provides reassuring physical contact,” “the therapist responds to the subject if the subject initiates conversation,” and “the therapist holds the hand, arm, or shoulder.”
Much of what the claims outline have been done—though not necessarily systematically or defined formally—throughout the history of psychedelic therapy in academic research centers, at retreats, and in underground settings. What does it mean for a company to try and include such claims in a patent application?