Making Dollars out of DNA: The First Major Patent in Biotechnology and the Commercialization of Molecular Biology, 1974-1980

  title={Making Dollars out of DNA: The First Major Patent in Biotechnology and the Commercialization of Molecular Biology, 1974-1980},
  author={Sally Smith. Hughes},
  pages={541 - 575}
  • S. S. Hughes
  • Published 1 September 2001
  • Sociology, Medicine
  • Isis
In 1973-1974 Stanley N. Cohen of Stanford and Herbert W. Boyer of the University of California, San Francisco, developed a laboratory process for joining and replicating DNA from different species. In 1974 Stanford and UC applied for a patent on the recombinant DNA process; the U.S. Patent Office granted it in 1980. This essay describes how the patenting procedure was shaped by the concurrent recombinant DNA controversy, tension over the commercialization of academic biology, governmental… Expand

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Wright's article considers additional factors contributing to the intensification of competition in commercial biotechnology in this period
  • summary report, Annual Meeting of the Association of University Technology Managers
  • 1995
For histories of biotechnology see Kenney, Biotechnology (cit
  • n. 16); and Sheldon Krimsky, Biotechnics and Society: The Rise of Industrial Genetics (New York: Praeger,
  • 1988
On efforts to encourage collaborations see Lois S. Peters and Herbert I. Fusfield
  • University-Industry Research Relationships: Selected Studies
  • 1982
Reimers set up a $200,000 fund from royalties for use if litigation ensued: KRP
  • 1981
In an effort to encourage early licensing, Stanford offered credit to firms taking out licenses by 15 Dec. 1981 of five times the initial payment of $20
  • OTL Archives
  • 1980
OTL Archives. The Cohen-Boyer patents were never litigated
  • OTL Archives
  • 1980
UC OTT Archives; for Helling's views see Joel Gurin
  • Science
  • 1980
Komberg Papers, SC 359, Box 3, Folder: "Genetic
  • 1977
Tough Rules on Creating New Forms of Life,
  • San Francisco Chronicle,
  • 1977
By one account, 114 patent applications involving living organisms were held up in the patent office awaiting the Supreme Court's decision in Chakrabarty: Krimsky
  • Profit of Scientific Discovery