Co-crystals: Commercial Opportunities and Patent Considerations
This chapter focuses on some ways in which co-crystals may translate into new patents and commercial value and some considerations for accomplishing this. It is clear that the success of co-crystals in commercialization and as new patents is tied to their unique chemical composition, crystalline structure, and properties. Engineering pharmaceutical properties using co-crystals can create new commercial value for an active pharmaceutical ingredient (API) and extend its patent life. This value comes from the composition of the co-crystal as well as from its crystalline form. Patenting co-crystals captures this value in the form of intellectual property. Yet, co-crystal patents have their own unique aspects that need to be addressed: definition of “co-crystal” and patentability of co-crystals information needed for effective co-crystal patents. What is clear is that co-crystals do present opportunities, commercially and in the form of patents, and the way to those opportunities is to engage the chemistry of the co-crystals and take advantage of that chemistry.