Basic Research, Patents, and Biotech Industry BreakthroughsMarch 27, 2026 The founding of Genentech fifty years ago marks the birth of biotech-based industry which has revolutionized how we treat disease, prevent disease, diagnose disease, eat, and clothe ourselves. Thanks to biotechnology we now live in a world where pure insulin is easily produced, pandemic-stemming vaccines are rolled out in less than a year, actionable diagnoses are obtained in minutes, and abundant food and fiber is produced at less cost. At this half-century mark, we look back at some of the basic research and patents that have brought us to this point. Recombinant DNA itself was an outgrowth of basic studies in the early 1960s of how bacteria protect themselves from bacterial viruses by “modifying” their DNA while “restricting” the bacterial virus DNA. By 1970, the bacterial proteins which “restricted” (cut) the bacterial DNA were isolated and characterized. In 1980, the famed “Cohen-Boyer” patent entitled “Process for producing biologically functional molecular chimeras” was granted, acknowledging that the “invention was supported by generous grants of NIH, NSF and the American Cancer Society.” Cohen-Boyer claimed methods for replicating biologically functional DNAs and for producing foreign proteins. A true “technology platform” patent, Cohen-Boyer has since been hailed as “the gold standard” for university technology licensing with estimates of US$35 billion in sales, 2,442 new products, and $255 million in licensing income to Stanford University. The recombinant DNA tools provided by Cohen-Boyer were soon applied to studies of bacteria, which caused tumor formation in plants. By the late 1970’s, researchers had established that Agrobacterium DNA was stably integrated into plant DNA, shown that the DNA was active in the tumorous plant cells, and mapped key Agrobacterium genes involved in the tumor formation and DNA transfer process. In 1983, Monsanto filed a patent application which ultimately lead to a US Patent for “Genetically Transformed Plants.” This technology allows foreign genes, which provide tolerance to insect pests and herbicides, to be transferred to key crop plants, including soybean and cotton. At present, at least 94% of US soybean acreage and at least 96% of US cotton acreage is dedicated to crops with insect and herbicide tolerance traits. The Monsanto patent was finally granted in 2012 following a lengthy dispute before the US Patent and Trademark Office as to the party which first invented the technology. As the Monsanto patent application was filed before the “first to file” law established by the America Invents Act that set patent expiration at 20 years from filing, the resultant Monsanto patent will expire in 2029. Other examples of basic academic research that later led to patents and significant biotech industry advances have followed. Studies of the worm C. elegans in the late 1990s led to the patenting of RNA interference “gene silencing” tools, which have found their way to the clinic for disease control and to the field for crop pest control. Non-browning apples based on RNA interference have even found their way to the produce aisle as Arctic® Goldens, Arctic® Grannys, and Arctic® Fujis. A stunning recent example of basic research resulting in patents and products is found in the CRISPR systems, which allow for precise editing of human and plant genes. Unusual arrays of repeated DNA sequences in bacteria were first discovered in the late 1980s, studied throughout the 1990s, and ultimately identified as a bacterial immune system for controlling bacterial viruses in the mid to late 2000’s. These studies later led to patents granted to both MIT and the Broad Institute and the Universities of California and Vienna. Many CRISPR generated food products, ranging from seedless blackberries to low gluten wheat, are currently in or on the path to market. In the clinic, the FDA has approved CASGEVY®, a CRISPR-based treatment for sickle cell disease and transfusion-dependent β-thalassemia with many more treatments in development. As we mark the half-century mark of the biotech industry, it is fitting that its inception was sparked by basic research in bacterial resistance to bacterial viruses and its most recent breakthrough was sparked by basic research in bacterial resistance to bacterial viruses. We trust that the next half-century will also be marked by astounding advances in how we eat, how we treat disease, and hopefully even prevent disease, all driven by basic biotechnology research, patenting, and the biotech industry. Charles P. Romano, Ph.D. is a Senior Patent Agent in the MVS Biotechnology & Chemical Practice Group. To learn more, visit our MVS website, or contact Charley directly via email. ← Return to Filewrapper