In genomics, few issues have sparked such a persistent—and such a relevant—debate as the role of patents. Unlike other areas of technology, we are not talking about protecting a machine or a process, but rather something that constitutes the “essence” of life: genetic material and, its primary 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 played a key role in sequencing the human genome and was a major driving force behind technological advances in that field. But his contribution was not limited solely to the field of genetics. For him, genetic research was not just science—it was also a value. And that value, he argued, should be protected and nurtured.
In line with this, Venter was the inventor 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 field of patents contributed to the establishment of the standards that are currently in place: it is not enough to identify a sequence → it must be linked to a specific function or a particular use.
In recent years, genomics has advanced at a rapid pace. And, along with it, the approach to patents has also evolved. Today, we look back to review the major milestones in the field of DNA to understand where innovation—and the protection of that innovation—is headed.
1. 1953: The Structure of DNA—The Starting Point
When James Watson and Francis Crick described the DNA double helix, they were actually laying the groundwork for everything that would follow. At the time, there were no direct applications, but there was something even more important: for the first time, we understood how genetic information is stored and passed down from one generation to the next. Without that starting point, none of what came after would have been possible.
2. 1973: The First Step Toward Genetic Engineering
Years later, Stanley Cohen and Herbert Boyer took it a step further: they began manipulating DNA. The ability to cut and recombine genes—even between different species—opened up an entirely new field.
From that point on, thousands of applications focused on vectors, enzymes, and methods began to emerge. 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 the food industry, 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 amplify specific DNA fragments exponentially from minute samples. This breakthrough transformed DNA into a resource that is accessible and manageable in any laboratory.
From an industrial property perspective, PCR gave rise to one of the most significant 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 covering improvements and specific applications such as qPCR, RT-PCR, and digital PCR, which have continued to drive innovation even after the expiration of the foundational patents around 2005.
Today, PCR is everywhere:
- Diagnosis of infections such as HPV, HIV, respiratory viruses, and others.
- Paternity tests.
- Forensic analysis based on minute 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-sector initiative led by Craig Venter through Celera Genomics made it possible to decipher the complete sequence of DNA bases.
But beyond the scientific achievement, what was significant was the shift in perspective. DNA was no longer viewed merely as a molecule but 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 to reality today:
- Genetic tests that reveal a person's predisposition to certain diseases.
- Ancestry and genetic origin testing services.
- Identification of new therapeutic targets for drug development.
5. 2005 Next-Generation Sequencing (NGS): From the Lab to “Big Data”
Mass sequencing technologies sequence millions of DNA fragments in parallel, allowing DNA to be sequenced more quickly and at a lower cost than the Sanger method, which was used in the Human Genome Project.
This leap has established DNA as a data asset and shifted the focus of innovation toward 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 whole-genome analysis.
- Genetic analysis 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 is no longer just a matter of reading or analyzing DNA, but of modifying it in a precise and targeted manner.
And that opens up a completely different scenario, including in terms of industrial property. Its applications are starting to become very tangible:
- Development of gene therapies aimed at correcting hereditary diseases.
- Improving agricultural crops to make them more resistant to adverse conditions.
- Advances in biomedical research that make it possible to study 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 sector. The origin and evolution of this technology have been surrounded by intense scientific and legal controversy over its “authorship,” giving rise to one of the biggest patent battles in the biotechnology sector.
This overview shows how innovation in the field of DNA has, step by step, broadened the very concept of what can be protected. From tools to applications, and from the molecule to data, industrial property has evolved at the same pace as biotechnology. Craig Venter’s legacy aptly sums up that transition.
Dr.Irene Gascón, Associate in thePatentPractice Group at Elzaburu