As plasmid-based gene therapy products progress through clinical trials commercial entities begin to focus on the intellectual property associated with the methods and specific compositions used in these therapies. As the number of patents covering gene therapy components and methods increases it becomes increasingly difficult for a single entity to collect all of the necessary rights to be able to offer gene therapy products to consumers. The present report briefly describes the relevance of patents to product commercialization and describes certain key patents that may affect the ultimate commercialization potential of this new and exciting technology.