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Stanley Cohen's patent was licensed to hundreds of firms

The Cohen–Boyer recombinant DNA patents were licensed non-exclusively, for moderate fees, to 478 companies, spreading gene cloning across the biotechnology industry.

Stanley Cohen
Stanley Cohen · b. 1935
Person
Stanley Cohen
Lived
b. 1935
Field
Genetics
From
American

The story

In 1973 Stanley Cohen of Stanford University and Herbert Boyer of the University of California, San Francisco, showed that genes could be cut out, joined to a plasmid and copied inside bacteria. Neither scientist had set out to make money from the discovery, and at first they were not interested in patenting it. Boyer went on to co-found the company Genentech in 1976, while Cohen stayed in academic research and served as a consultant to another firm, Cetus.

In 1974 the two men agreed to file a joint patent application, administered by Stanford on behalf of both universities. Three patents were eventually granted for the Boyer-Cohen process: one on the process itself in 1980, U.S. Patent No. 4,237,224, which was among the first biotechnology patents, a second on its use in bacterial hosts in 1984, and a third on its use in the cells of higher organisms in 1988.

Crucially, the licenses were granted non-exclusively and for a moderate fee, so that any company could use the technique rather than one firm controlling it. According to Wikipedia, 478 companies took licenses, and the patents became one of Stanford's top five sources of revenue. The National Library of Medicine records that the patent had issued 461 licenses before it expired in 1997. Thousands of products were developed on the basis of the Boyer-Cohen patents.

Because the patents covered the basic technology of gene splicing, they were unusually broad, and their validity was challenged several times in the 1980s. They dominated almost every other patent in molecular biotechnology. Yet the open licensing meant the method spread rather than being locked away: any company willing to pay the moderate fee could build on it legally.

The financial success of the patents for both Stanford and UCSF marked a shift in the way universities recognised the commercial value of their scientists' work, and it encouraged universities around the world to do the same. The Cohen-Boyer licenses remain a much-studied example of how a public university can share a fundamental discovery widely, help a new industry grow, and return income to research at the same time.

Why it matters

Broad, affordable licensing let hundreds of companies build on recombinant DNA, speeding the development of biotech medicines and research tools.

About Stanley Cohen

Stanford geneticist who, with Herbert Boyer, invented recombinant DNA cloning in 1973, the technique that launched genetic engineering and the biotechnology industry.

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Stanley Cohen
b. 1935 · Genetics
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