In genomics, few issues have generated such persistent—and relevant—debate as the role of patents. Unlike other technological fields, we're not talking about protecting a machine or a process, but about something that constitutes the "essence" of being: genetic material and, its main representative, DNA. Does that change the rules? Where does discovery end and invention begin? What part of that knowledge makes sense to protect?
The recent death of Craig Venter in April 2026 has brought these questions back to the forefront of the debate. Venter was instrumental in the sequencing of the human genome and a major driving force behind the technical advancements in that field. But his contribution extends far beyond genetics. For him, genetic research was not just science; it was also about value. And that value, he argued, should be protected and nurtured.
In line with this, Venter was the holder or co-inventor of a broad portfolio of patents in genomics, sequencing, and synthetic biology, many through Celera Genomics, TIGR, and the J. Craig Venter Institute (JCVI). His work in the patent field contributed to the establishment of the standards that are applied today: it is not enough to identify a sequence; its correlation with a specific function or use is required.
In recent years, genomics has advanced at a rapid pace. And with it, the approach to patents has also evolved. Today we look back to review the main milestones surrounding DNA to understand where innovation and the protection of that innovation are headed.
1. 1953 DNA structure: the starting point
When James Watson and Francis Crick described the double helix of DNA, they were actually laying the foundation for everything that would follow. At that time, there were no direct applications, but something more important was achieved: for the first time, it was understood how genetic information is stored and transmitted from one generation to the next. Without that starting point, nothing that came after would have been possible.
2. 1973 The first leap into genetic engineering
Years later, Stanley Cohen and Herbert Boyer took it a step further: they began to manipulate DNA. The ability to cut and recombine genes—even between different species—opened up a whole new field.
From then on, thousands of requests focused on vectors, enzymes, and methods emerged. And, above all, very specific applications began to appear:
- Insulin production for the treatment of diabetes.
- Development of vaccines and therapeutic proteins.
- Industrial applications in food, such as enzymes for fermentation processes.
3. 1983 PCR: making DNA accessible
The invention of PCR in 1983 by Kary Mullis made it possible to exponentially amplify specific DNA fragments from minimal samples. This advance transformed DNA into an accessible and manageable resource in any laboratory.
From an industrial property perspective, PCR gave rise to one of the most relevant patent portfolios in biotechnology: from the first patents developed by Cetus Corporation, later acquired by Hoffmann-La Roche for $300 million, to a broad ecosystem of patents on specific improvements and applications such as qPCR, RT-PCR or digital PCR, which have continued to drive innovation even after the expiration of the fundamental patents around 2005.
Today, PCR testing is everywhere:
- Diagnosis of infections such as HPV, HIV, respiratory viruses, among others.
- Paternity tests.
- Forensic analysis from minimal amounts of DNA.
- Detection of genetic mutations associated with hereditary diseases or cancer.
- Identification of bacteria or viruses in the environment or in food.
4. 2003 The sequencing of the human genome
The sequencing of the human genome was another turning point. The Human Genome Project and the private initiative led by Craig Venter, through Celera Genomics, made it possible to decipher the complete order of the DNA bases.
But beyond the scientific achievement, the most significant development was the shift in perspective. DNA ceased to be viewed merely as a molecule and began to be understood as information. Since then, innovation in this field has multiplied, with tens of thousands of patents related to sequencing platforms, analysis software, and genomic data processing.
This translates into applications that are quite close today:
- Genetic tests that allow you to know your predisposition to certain diseases.
- Ancestry and genetic origin analysis services.
- Identification of new therapeutic targets for drug development.
5. 2005 Next-generation sequencing (NGS): from the laboratory to “big data”
Massive sequencing technologies sequence millions of DNA fragments in parallel, allowing DNA to be read faster and at a lower cost than the Sanger method used in the Human Genome Project.
This leap has solidified DNA as a data asset and shifted the focus of innovation towards technological platforms capable of generating, processing, and analyzing large volumes of genetic information. The impact on clinical practice is quite direct:
- Personalized medicine based on each patient's genetic profile.
- Diagnosis of rare diseases through complete genomic analysis.
- Genetic study of tumors to select more effective treatments.
6. 2012 CRISPR: editing DNA
The development of CRISPR-Cas9 in 2012 marked another major leap forward in the evolution of genomics. It's no longer about reading or analyzing DNA, but about modifying it precisely and in a targeted way.
And that opens up a completely different scenario, also in terms of industrial property. Its uses are becoming very tangible:
- Development of gene therapies aimed at correcting hereditary diseases.
- Improvement of agricultural crops to make them more resistant to adverse conditions.
- Advances in biomedical research that allow for the study of gene functions with greater precision.
In just a few years, CRISPR has generated thousands of patent applications worldwide and one of the most complex litigation environments in the biotechnology field. The origin and evolution of this technology have been surrounded by intense scientific and legal controversy regarding its "invention," leading to one of the biggest patent battles in the biotechnology sector.
This journey shows how innovation surrounding DNA has gradually expanded the very concept of what can be protected. From tools to applications, and from molecule to data, intellectual property has evolved at the same pace as biotechnology. Craig Venter's legacy aptly summarizes this transition.
Dr. Irene Gascon, Associate of the area of Patents by Elzaburu
