Abstract
It is not currently understood how much of human evolution is due to modifying existing functional elements in the genome versus forging novel elements from non-functional DNA. Many early experiments that aimed to assign genetic changes on the human lineage to their resulting phenotypic change have focused on mutations that modify existing elements. However, a number of recent studies have highlighted the potential ease and importance of forging novel gene regulatory elements from non-functional sequence on the human lineage. In this review, we distinguish gene regulatory element novelty from innovation. We propose definitions for these terms and emphasize their importance in studying the genetic basis of human uniqueness. We discuss why the forging of novel regulatory elements may have been less emphasized during the previous decades, and why novel regulatory elements are likely to play a significant role in both human adaptation and disease.
Keywords: HAQER, HAR, Human Evolution, Novelty, Gene Regulation
Introduction
“It is currently not known whether the evolution of new morphological traits occurs largely through the modification of pre-existing cis-regulatory elements or from the generation of new elements…”
Humans have a long-standing interest in learning about the genetic mutations that underlie traits unique to our species. For example, there has been considerable work towards understanding the relative contributions of protein-coding versus gene regulatory changes (King and Wilson, 1975; Carroll, 2003, 2005; Wray, 2007; Franchini and Pollard, 2017; Tung, 2024), as well as how many of those regulatory mutations act in cis versus trans (Song et al., 2021; Barr et al., 2023; Hansen et al., 2024). However, there has not been a focus on understanding the relative contribution to human-specific gene regulatory changes from either modifying existing regulatory elements, or forging novel elements that are unique to humans. While the field has historically focused on the former (Pollard et al., 2006b; McLean et al., 2011; Capra et al., 2013; Boyd et al., 2015; Doan et al., 2016; Girskis et al., 2021; Xue et al., 2023; Liu et al., 2024; Whalen et al., 2023), a collection of recent work has highlighted that forging novel regulatory elements is important and more favored in evolution than may have been previously thought (Mangan et al., 2022; Xiao et al., 2024; Luthra et al., 2024).
In this review, we will discuss the concept of novelty with respect to gene regulatory elements, why the forging of novel elements may have been less emphasized during the previous decades, and the importance of novel elements in human adaptation and disease.
Background
Since the chimpanzee genome was published in 2005, the field has made significant progress in cataloging the genetic changes that separate humans from the other great apes (Chimpanzee Sequencing and Analysis Consortium, 2005). However, efficiently linking these genetic changes to specific human traits has been challenging (Carroll, 2003; Varki and Altheide, 2005). This difficulty arises from the human lineage having tens of millions of mutations, most of which are neutral, or nearly neutral, and not significantly influencing a phenotype. This presents a proverbial needle-in-a-haystack problem when identifying mutations that have significantly influenced phenotypes (Varki and Altheide, 2005).
A long-standing hypothesis has been that changes in gene regulation have made significant contributions to unique human traits (King and Wilson, 1975; Carroll, 2003, 2005; Wray, 2007; Franchini and Pollard, 2017; Tung, 2024). However, testing this insight was challenging at the time due to the inefficiency in identifying gene regulatory sequences and determining whether human-specific changes in them had functional consequences (Carroll, 2003). Early publications identified human-specific changes in promoter regions. This led to exciting discoveries about the regulation of individual genes (Rockman et al., 2003; Hahn et al., 2004) as well as groups of genes involved in particular biological functions, such as glucose metabolism and neurogenesis (Haygood et al., 2007).
An insight that allowed the inclusion of distal regulatory regions was to identify human-specific mutations in otherwise conserved regions (Pollard et al., 2006a,b). It was insightful to use cross-species conservation because genome-wide methods to detect regulatory elements through open chromatin, epigenetic modifications, or protein-binding were still in their infancy, or did not exist yet (Johnson et al., 2007; Mikkelsen et al., 2007; Boyle et al., 2008). The ENCODE Project’s pilot paper, studying only 1% of the genome, was published during the following year (ENCODE Project Consortium et al., 2007). The original study describing these otherwise conserved regions with significant divergence on the human lineage termed them Human Accelerated Regions (HARs) (Pollard et al., 2006a,b). This initial screen was followed by a number of additional studies that expanded our understanding of human-specific gene regulation through changes in (Prabhakar et al., 2006; Bird et al., 2007; Boyd et al., 2015), including the deletion of (McLean et al., 2011), conserved elements. This family of screens, due to their restriction to ancestrally-conserved regions, represents pre-existing gene regulatory elements that have been significantly modified on the human lineage. Elements identified in these comparative genomic screens have been the focus of functional experiments going from genetic changes to gene regulatory and tissue-level phenotypes (Capra et al., 2013; Doan et al., 2016; Girskis et al., 2021; Xue et al., 2023; Liu et al., 2024; Whalen et al., 2023). In contrast, there has been limited experimental analysis to understand the contribution of novel gene regulatory elements to human-specific traits. This highlights an opportunity for the field to explore the role of novel regulatory elements in human evolution, as recent studies suggest their potential significance (Mangan et al., 2022; Xiao et al., 2024; Luthra et al., 2024).
The importance of defining novelty for gene regulatory elements
Researchers have proposed various definitions of biological novelty and the topic is still being actively explored. Determining a universal definition is challenging because it often needs to be tailored to the perspective and specific scale of the question being asked (DiFrisco et al., 2023; Love, 2024). For instance, a novel morphological trait has previously been defined as a structure which does not show homology with any ancestral structures or other structures in the same organism (Love, 2024). However, traits that appear novel at the level of whole-organism morphology, can be homologous to ancestral states when viewed at the level of cell types or developmental gene expression patterns (Shubin et al., 2009; Wagner, 2015). This makes it important to consider the scale at which we want to investigate novelty, that is, consider separately the novelty of cell types involved versus the novelty of morphological structures involved. While much of the work on novelty has focused on scales ranging from protein-coding genes to organismal morphology, there has been less emphasis on defining novelty at the level of gene regulatory elements.
Historically, regulatory elements have been described as novel in various contexts. This includes elements that were either newly discovered or responsible for expression in cells or tissues that did not have an ancestral expression pattern. While this derived expression pattern could be due to a newly-functional regulatory element, it could also be due to mutations in an existing regulatory element, or through the co-option of existing regulatory sequences, such as transposable elements. The novelty in expression activity was often conflated with the potential novelty of the regulatory element. That is, if change in a regulatory element leads to a novel function, the regulatory element at times was described as novel. This presents a lack of clear and consistent criteria for defining the novelty of a gene regulatory element, making it difficult to understand the relative contribution of novel regulatory elements to unique human traits.
In the quest to understand what constitutes biological novelty, previous work has argued for distinguishing between novel structures and novel functions (Wagner, 2015). At the scale of gene regulatory elements in evolutionary and functional genomics, we understand “structure” to mean the DNA sequence of the element, and “function” to mean the regulatory activity of the element. Although often closely related, novel functions can arise without the presence of novel structures, and vice versa (Wagner, 2015; Wong et al., 2020). Here, we focus on the scale of regulatory element structure, using the term “novelty” for regulatory elements derived from DNA without ancestral activity, and “innovation” for regulatory elements derived from DNA with ancestral activity. The ancestral and derived states will be defined in the context of the branch being analyzed.
To further address the ambiguity of novelty in gene regulatory element identification, we present a framework for classifying novelty and innovation for gene regulatory elements (Figures 1, 2). Articulating a classifying framework with a set of definitions will allow for several goals to be addressed in the future: (1) enable the design of specific screens to directly detect and validate novel regulatory elements, (2) allow the assessment of existing studies on regulatory element evolution within a classifying framework of definitions (Figure 1,2), and (3) facilitate the understanding of differences in regulatory evolution between humans and other species on the tree of life. Overall, a consistent framework to classify the evolution of gene regulatory elements will enhance our understanding of species-specific trait evolution.
Figure 1: Classification of regulatory element novelties.

(A) Novel regulatory elements. These regulatory elements are forged from DNA not functioning in a regulatory capacity in the ancestral state. (B) Examples of mutational mechanisms that can lead to the emergence of novel regulatory elements are point mutations (left) and short indel mutations (right).
Figure 2: Classification of regulatory element innovations.

(A, left to right) There are three other ways that gene regulation can be innovative without the forging of novel regulatory elements: expression domain innovation (left), regulatory association innovation (middle), and duplication associated innovation (right). (B) Regulatory domain innovation can occur through gain or change in expression domain from that of the ancestral regulatory element. This can be brought about by mutations, and lead to a change in expression levels, expression timing, or spatial location (top panel). Regulatory association innovation can occur from structural variations, leading to a change in regulatory element-target connection (middle panel). Innovation via duplication can occur from the duplication of an ancestral regulatory element through tandem, segmental, or transposon duplications.
What is a novel gene regulatory element?
We use the term “novelty” to refer to novel structures in gene regulation, where we associate structures with the regulatory element sequence itself. We classify a regulatory element as “novel” on a given lineage if it is derived entirely from bases that were ancestrally not functioning as part of a regulatory element, with this derivation occurring on the lineage being analyzed (Figure 1A). Novel elements can arise de novo through mutations in the DNA fragment (Figure 1B), or changes in the trans-regulatory environment. We consider this to be the sole way novel gene regulatory elements arise, but there are several other mechanisms that can give rise to important gene regulatory innovations.
We use the term “innovation” to refer to regulatory elements with activity different from their ancestors, which we associate with a change in the ancestral expression domain of the gene being regulated. We describe three categories illustrating how these changes lead to innovative outcomes in gene expression: (a) expression domain innovation, (b) regulatory association innovation, and (c) duplication-associated innovation (Figure 2A). Although we present regulatory novelty and innovations as distinct categories, they are not mutually exclusive and often occur in complex combinations.
Expression domain innovation arises when an existing regulatory element gains an expression domain that was not part of its ancestral function (Figure 2B, top panel). This includes changes in the time or location of activity, that cause the element to be active in cells where it was not previously active. It is also innovative to change the level of expression in cells where the element was already active. An example would be an enhancer active in developing cardiac tissue gaining mutations that cause it to also be active in developing limb tissue. This expansion of expression domains likely happens frequently and may often occur by adding additional bases to the regulatory element. This expansion can lead to large and complex regulatory elements in extant genomes that drive expression in multiple domains (Gompel et al., 2005; Emera et al., 2016; Fong and Capra, 2021, 2022).
Regulatory innovation through change of association arises when a regulatory element loses or gains the capacity to induce expression of a target. An example of this is “enhancer hijacking,” where a regulatory element takes control of the expression of a new target gene (Keough et al., 2023). This can occur through structural variations, such as translocations, inversions, and indels, which can impact the ancestral element by altering its genomic coordinates directly, or through changes to the neighboring DNA sequences (Figure 2B, middle).
Innovation from sequence duplication arises through the increase in copy number of existing regulatory elements or the co-option of repetitive elements with known functional capacity (Figure 2B, bottom). An example would be a regulatory element that undergoes a tandem duplication (Song et al., 2018), or additional regulatory modules arising from large, segmental duplications. Many transposable element insertions giving rise to gene regulatory changes would be included in this category because they represent a complex class of repetitive DNA sequences with demonstrated regulatory capability and a history of being co-opted for gene regulation (Fueyo et al., 2022).
Novel regulatory elements may be underappreciated in human evolution
While the field has primarily focused on changes to ancestrally functional elements in humans, there are statistical frameworks that can likely enrich for detecting novel elements in computational screens. These methods have been available since the initial publishing of HARs (Siepel et al., 2006; Pertea et al., 2011; Schrider and Kern, 2015; Berrio et al., 2020), but have not received the same: attention, functional studies, or phenotypic analyses. Here, we discuss both conceptual and technical limitations that may explain why human evolutionary genetics has historically not focused experiments on novel gene regulatory elements, and why this type of evolutionary change may be underappreciated.
Evolutionary likelihood of forging novel regulatory elements
The prevailing viewpoint has been that evolving a new regulatory element from scratch is difficult and therefore would not be a favored path for adaptive gene regulatory changes (Prud’homme et al., 2007). Forging a new regulatory element from non-functional DNA would require a large number of mutations to assemble the various binding sites close to each other. Additionally, an efficient method for selection to act on intermediate steps was not apparent, with genetic changes only appearing advantageous when they are all assembled together. Tuning existing regulatory elements by strengthening or weakening binding sites, or adding or losing binding sites, would require fewer changes and allow for selection to favor intermediate steps (Prud’homme et al., 2007). In contrast, a DNA sequence with no regulatory function transforming into a regulatory element would be a substantial leap, since something complex would need to be assembled from genomic junk.
Recent work has been influential in having us reconsider this point of view, and it appears increasingly feasible to rapidly forge novel gene regulatory elements. A recent study identified a set of Human Ancestor Quickly Evolved Regions (HAQERs), which are highly diverged regions of the human genome and primarily fall outside of conserved regions. When HAQER sequences from the inferred human-chimpanzee ancestor were compared against the diverged human sequences for gene regulatory activity in neurodevelopmental cell types, many of the ancestral sequences showed activity within the range of negative controls, while the orthologous HAQER sequence acted as a strong transcriptional enhancer (Mangan et al., 2022). Additionally, recent articles have shown that many randomly generated DNA sequences have detectable gene regulatory activity in yeast (Vaishnav et al., 2022), zebrafish (Smith et al., 2013), and Drosophila (Galupa et al., 2023). This finding that some random DNA sequences regulate transcription at low levels was generalized to human cells using a machine learning approach (Luthra et al., 2024). Analyses of negative control fragments in massively parallel reporter assays (MPRAs) now incorporate the idea that a subset of randomly shuffled sequences will have a low level of gene regulatory activity (Capauto et al., 2024). From this low level of activity, there is a consensus in the field that optimization of an existing regulatory element through selection on mutational variants is efficient. The jump in thinking is that a large enough fragment of neutrally evolving DNA is likely to be constantly forging weak regulatory elements, providing a substrate that can be optimized. Forging a novel regulatory element is no longer a task of somehow assembling a number of parts needed for a functioning whole, but rather a smooth fitness surface that can be efficiently optimized by mutation and selection on intermediate states from an initial state with low activity.
This recent empirical work showing how feasible it is to forge novel regulatory elements is consistent with past theories and observations. These include an early discovery that multiple binding sites could readily evolve during a simulation of neutrally evolving DNA (Stone and Wray, 2001). Additionally, multiple groups have begun to use the term “proto-enhancer” to describe an intermediate state between non-functional DNA and what is generally considered a gene regulatory element (Emera et al., 2016; Long et al., 2016; Fong and Capra, 2021).
The theoretical ease with which novel regulatory elements can be forged predicts that there will be many species-specific differences in epigenetic states. This prediction is consistent with comparative studies discovering numerous species-specific epigenetic regulatory states in a given tissue or cell type. These studies include epigenetic signals in human limb, brain, and liver that are not observed in similar samples from Old World monkeys or more distantly related species (Cotney et al., 2013; Reilly et al., 2015; Villar et al., 2015; Li et al., 2023). Epigenetic differences have also been assayed between human and chimpanzee lymphoblastoid cell lines and brain organoids where there are many regions of open chromatin specific to human or chimpanzee samples (Shibata et al., 2012; Kanton et al., 2019; García-Pérez et al., 2021). Taken together, there is theory, observation, and experiments in model systems, and increasingly in humans, that are consistent with the forging of novel gene regulatory elements being more widespread in evolution than previously thought.
Challenges of studying novel regulatory elements
Despite the availability of statistical frameworks to detect candidate novel elements, the resulting putative gene regulatory elements are challenging to study. Investigating the functional consequences of changes in tightly conserved regions, on the other hand, offers advantages for experimental work that persist to this day. When coupled with the limited understanding of noncoding and regulatory DNA, it explains the sustained focus on these elements for functional studies over the years. Experimental studies often have a two-fold goal: identifying diverged genomic regions with potential functional consequences, and determining the functional changes imparted by these regions on the human lineage. Both of these goals may be more readily achieved in modified conserved regions.
It is challenging to infer the functional significance of changes in ancestrally non-functional or unconstrained regions of the genome which may, or may not, give rise to novel regulatory elements. Many computational screens capable of detecting novel elements may have been unable to cleanly distinguish between functionally important and unimportant changes, making it difficult to assess their impact on human traits without the capability to further filter the results with high-throughput experiments Mangan et al. (2022). In contrast, genomic changes identified in tightly conserved regions are likely to have significant functional consequences. These regions, ancestrally conserved across mammals, provide strong evidence that genetic changes within them contribute to unique human phenotypes.
It is challenging to experimentally determine the ancestral functions of potentially novel elements. There is less of an expectation that extant animals will contain the DNA sequence of the human-chimpanzee ancestor, or recapitulate the function of the human-chimpanzee ancestor. However, for regions constrained across mammals, DNA and tissue samples from extant mammals are more likely to accurately represent the sequence and function of the human-chimpanzee ancestor (Capra et al., 2013; Boyd et al., 2015; Girskis et al., 2021).
Despite the challenges in studying novel regulatory elements, several recent technological advancements underscore the potential for the future. Chief among these is the in vitro synthesis of large DNA fragments, allowing for direct study of the functions of inferred ancestral sequences (Klein et al., 2018; Mangan et al., 2022; Gallego Romero and Lea, 2023). Although performing experiments in the precise trans-regulatory environment of the ancestor remains difficult, recent comparative genomic studies between humans and closely related primates have begun to quantify gene regulatory activity in an evolving trans-regulatory background (Whalen et al., 2023; Hansen et al., 2024). This progress, along with other future studies, may eventually enable the study of novel regulatory elements in their ancestral trans-regulatory background. Additionally, recent studies have underscored the promise of machine learning methodologies to predict tissue-specific open chromatin as well as complex phenotypes from sequence differences (Kaplow et al., 2022, 2023). With the growing number of human and primate genomes and the development of high-throughput, parallel functional experiments (Pollen et al., 2023), there is increasing potential to develop methods and screens to understand the relative contribution of novel gene regulatory elements to human-specific traits.
Differences in the relative contribution of novel regulatory elements across species
An additional cause that may have led to a lack of focus on novel regulatory elements in human evolution is that many of the first examples of noncoding genetic changes underlying phenotypic differences were changes to ancestral regulatory elements, rather than forging of novel ones (Prud’homme et al., 2006; Rebeiz et al., 2011; Koshikawa et al., 2015). Many of these studies that worked backwards from a phenotype of interest to identify the underlying genetic changes were performed in Drosophila, which is a powerful model system for asking questions concerning the molecular basis of evolutionary change. Contributions from Drosophila research towards understanding the regulatory basis of evolution has been unparalleled. However, there may be slight differences in how flies and humans evolve.
Humans and flies may have different relative contributions to their gene regulatory changes from either modifying existing elements or forging novel ones. This is because the ratio of non-regulatory bases to regulatory bases is likely to be different across species, potentially leading to the relative contributions of forging novel regulatory elements and modifying existing regulatory elements being different. Flies, and other organisms such as yeast, have a much more compact genome than humans, with potentially 10 times more of it evolving under selective constraint (Siepel et al., 2005). Humans, and other animals such as mice, having more unconstrained sequence may lead to our species forging novel regulatory elements at a greater frequency than species with more compact genomes. This is an exciting avenue for research as we learn more about the contributions of novel elements to human evolution.
Novel Regulatory Elements and Human Disease
An important goal of studying the genetic basis of human uniqueness is to better understand human-specific diseases or diseases where humans have unique susceptibilities. If novel regulatory elements are more common than previously thought, this could significantly shift our understanding of evolutionary mechanisms in the genome and, consequently, our understanding of human disease.
If the forging of novel regulatory elements were rare, most clinically significant mutations would occur in conserved genes or regulatory regions. However, if novel regulatory elements are common in human evolution, many important regulatory elements could have been forged recently enough that disabling mutations in these regions would not be found in conserved areas. It is possible that disabling mutations in human-specific regulatory elements could be associated with the reduction of traits that we usually think of as specific to humans. Gene regulatory elements not showing cross-species conservation may be particularly important for human disease because our recent work suggests that regulatory elements may be preferentially forged in genomic regions with high mutation rates (Mangan et al., 2022). This creates an evolutionary conflict: regions with high mutation rates may generate adaptive alleles but may also produce numerous deleterious mutations within newly forged regulatory elements (Mangan et al., 2022).
If forging novel regulatory elements is very common, many human disorders could be caused not only by disrupting functional elements but also by creating novel ones that are deleterious. There is an example of this in pigs, where small mutations in non-conserved DNA upstream of the microphthalmia-associated transcription factor (MITF) gene likely forged a silencer, leading to spontaneous deafness and depigmentation (Chen et al., 2016). A potential example of this in humans is a study on congenital heart disease which found that patient-specific mutations often generated detectable regulatory element activity in regions that otherwise showed no activity (Xiao et al., 2024). Developing a deeper understanding of how regulatory elements evolve, including the relative contributions of modifications to existing elements versus the creation of novel ones, will enhance our ability to understand and treat human diseases in the future.
Future considerations
Our first consideration is how to establish a lack of function in the ancestral state, which is needed based on our definition of novelty. It will be difficult to strictly satisfy this part of the definition because it requires establishing a lack of regulatory function across all cell types, developmental stages, and environments. While advances in iPSC differentiation protocols are making rare and transient cell types more accessible, we are still far from being able to experimentally prove a lack of function across all possible cell types and conditions. This difficulty is compounded by the experiments ideally occuring not in a human or chimpanzee cell, but a cell with the trans-environment of the human-chimpanzee ancestor. It is also worth noting that many of the functional assays in this field are high-throughput reporter assays that test the function of regulatory elements outside of their native chromosomal context and with a single promoter. We are excited about future advances in iPSC differentiation and DNA synthesis, which could one day enable functional tests across a wide range of ancestral cell types and in their true ancestral genomic context.
A second consideration is whether there exists a functionless state, or if all DNA fragments may have some level of regulatory activity. Negative control DNA sequences often give a distribution of activity in gene regulatory assays rather than tightly clustering around a single value. A continuum of DNA regulatory activity across all sequences may make the forging of strong regulatory elements even more efficient, but would also require that our definition of novelty be revisited, which currently requires a non-functional state.
In this manuscript we have provided a definition of novelty for gene regulatory elements. We hope it will provide a framework for understanding the relative contribution to human-specific traits from either modifying existing regulatory elements or forging novel ones.
Acknowledgements
This publication was supported by the National Human Genome Research Institute (R35HG011332). We thank Yanting Luo for help with the figure revisions. All figures were created with BioRender.com. We gratefully acknowledge the financial support of the John Templeton Foundation (#62220). The opinions expressed in this paper are those of the authors and not those of the funders.
Footnotes
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Declaration of interests
AK reports no conflicts of interest. CBL owns stock in Alphabet and has a family member and friends who are employees of Alphabet subsidiaries.
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