Roses in a vineyard allow the grower to have advance notice of disease so that (s)he can decide on preventative measures.  This landscape describes biotechnological uses of the same concept for warning of land mines, nutrient conditions, diseases etc.

rosebush
1. Introduction

documents
2. What you need to know about patents

direction
3. Scope of this analysis

windmill
4. Detection of abiotic stress

toxic
5. Detection of metal and other toxic compounds

bomb
6. Detection of explosives

white_flower
7: General bioindicator systems

science
Appendices

You may access each chapter individually, or use the "next" and "previous" links to read the landscape as a linear document.

About this technology landscape

Authored by:  Shoko Okada and Marie Connett-Porceddu, CAMBIA 2006.   Support for this work came from the Rockefeller Foundation in a match to funding supplied to CAMBIA's lab by the Lemelson Foundation for a grant proposal authored by Marie Connett-Porceddu and Richard Jefferson in 2005.  We are happy to express our appreciation for this funding. Text from the grant proposal was also used in this technology landscape.

We are grateful for format assistance from Nik Hatta and Stephanie Goodrick for content editing and to Heidi Loder for  proofreading.  As with any technology landscape, there will have been changes in patent status since the searches were done, and new publications may appear and new patents may issue.  If you notice that information in this landscape needs updating, help the community by posting a comment so that others will be aware of the information. 

Bioindicator Systems

Roses for background bioindicators

A well known example of a plant acting as a biological marker: roses at the ends of rows of grapevines in a vineyard show earlier symptoms of certain fungal diseases; the grower can choose what to do about the disease in the grapes based on what is seen in the rosebushes

Plants can be engineered as living instruments, to provide farmers with valuable, timely and low-cost means to measure and monitor the status of their natural resources. This will provide new opportunities for empowering local choices about what to do with local crops, rather than bringing in crops and methods from elsewhere. Such engineering integrates the use of novel methods of molecular biology with the basic understanding of a field problem1 and a farmer-centered view about overcoming real challenges to sustainable, profitable crop production.

Sentinel plants, or bioindicators, have long been used in many agricultural systems to empower the farmer to make good decisions about land use, such as what to plant where and when to add expensive or labor-intensive inputs such as fertiliser, water and pesticides. A well-known example is the traditional planting of roses at row ends in vineyards. The roses show early symptoms of fungus that may affect the grape crop, therefore providing an early signal to the farmer to arrange for fungal control of the grapes, appropriate to the local soil, weather and consumer preference.  A biosentinel can be any species that can grow on the land of interest concurrently with the crop of interest, or at the best decision time. It receives a signal from the environment and translates it in a way that is readily observable by people who can then decide what to do about it. The signal could even come from the crop itself: for example, leaves beginning to wilt signals that fruit set will be hurt unless there is more water.

To see some examples of engineered bioindicators, click here.

To see more about patents and patent applications that cover the field of bioindicators or biosentinels, click here.

1 Jefferson, R.A. (1993) 'Beyond model systems: New Strategies, Methods, and Mechanisms for Agricultural Research', Annals of the New York Academy of Sciences 700: 53-73

See presentation:"BiOSentinel Plants: Enabling Farmer Choice". M.B. Connett Porceddu and R.A. Jefferson (2007) Hainan, China. Take me to the BioForge Project Forum on Bioindicators

Rationale

Workers-in-rice-fields-copyFarmers are brilliant problem solvers. They have to be. Nonetheless, they solve problems best when they can see and measure them, and when they have options to respond to them within their constraints. For most of the world's rural people, these constraints are almost always associated with poverty and neglect, not a lack of ingenuity, motivation or commitment.

Key challenges in agriculture, such as wise use of nutrients or protection from pests, are often best solved by management choices made by farmers, themselves. These challenges can only be confronted, however, when they are known and when solutions can be crafted and locally chosen.

Science has made great strides in understanding some of these challenges, but the knowledge alone does not provide capacity to address them. Knowledge must be converted into action, and to be sustainable and equitable, this conversion must be accessible to resource-poor people.

There is now a unique opportunity to use new technology to couple the creativity of farmers with new tools to forecast and measure their constraints in a timely and affordable manner. Then, as communities of innovators, they can craft their own options for improving their production systems.

We propose to rethink biotechnology radically, countering the sociological disempowerment of rendering farmers passive recipients, not active innovators. We propose an open, collaborative process to develop and share biological technology to engineer plants, not as short-term moneymakers, but as living instruments to monitor natural resources. These technologies do not lend themselves to substantial profit incentives for their creators, because the user and beneficiary is the local farmer.

This project brings together novel elements in the scientific literature to create a new proof of concept for worldwide rice cultivation. A biosentinel or bioindicator is an engineered plant that senses an important constraint, limiting nutrition or threatening pests, and sends a specific signal. The signal could be a change in the morphology of the leaves, a bright color, or even a smell that relates to a soil deficiency or a cryptic fungus.

The project seeks co-development by widespread members of the scientific community of bioindicator components from which the modules can be chosen locally by farmers and breeders. The components may be patented by their owners, but by participating in this project the owners are declaring their intention that both research and commercial uses will be licensed in a way that allows their unconstrained use for this purpose. The modules can be used in various combinations and in other crops as appropriate, so that the results are sustained and usable well past the end of the project.

This revolutionary use of biotechnology shows a potential to effect a dramatic change in how science is incorporated into social agendas. It puts local-scale, informed decision-making in the hands of those experiencing problems and committed to their sustainable solution.

The modular approach

green gus

Transgenic plants expressing the GUSPlus in vivo reporter enzyme can be assayed with GUS substrates to give rise to a blue colour in the plant tissue

In a systems approach to get the engineered bioindicator concept working in a globally important cropping system to address real local constraints, we envision a biosentinel or bioindicator with the following modules that can be recombined according to local preference:

An advantage of the systems approach is that it can bring non-transgenic or post-transgenic modules to service for empowering particular actions by farmers and breeders. Such actions will more likely lead to adoption and further innovation of the technology as compared to the provision of a complete bioindicator prototype.

Realizing that there may be even better visual markers and promoters out there, we hope this provides impetus for talented groups that may identify and/or provide such useful markers for the bioindicators project as a public good. Do you know of any that might be really useful for this purpose?   If so, comment on this page. 

Modules may be patented, but the capability to use them for research and commercial purposes by all those interested to use and improve them for public good can still be shared via a BiOS license.

Examples of Bioindicators

Aresa_Sand_plants

Weed exhibiting red-purple colour due to the presence of TNT in the soil (Photo provided by Aresa)

One significant aspect of the innovation will be identification of indicator species appropriate to the local cultivation system, sensitive to the condition of interest, and able to provide an observable signal. In 1998, Kovalchuk et al., Bioindicator plants to detect nuclear pollution, engineered Arabidopsis plants to analyze the influence of chronic irradiation from the environment of the Chernobyl exclusion zone, on the stability of plant genomes. In this example, bioindicator plants were shown to be an effective indicator of change within the surrounding environment.

Another example encompasses research conducted by Aresa, a private company originally based at the University of Copenhagen, that is marketing bioindicator plants commercially. Aresa genetically engineered a weedy plant with a gene that produced a red-colored product when the gene's expression was induced by a receptor as a breakdown product of TNT. This enabled the plant to be used as a sentinel for the presence of soil residues indicating the presence of land mines.

The underlying mechanism by which the color change occurs is via an altered regulation of the natural pigment biosynthetic pathways in the plants. Familiarly, many plants turn reddish in autumn or as a result of stressed growth conditions when synthesis of the red (anthocyanin) pigments dominates over the normal green color. The genetically engineered plants are modified in a way that allows these plants to turn red-purple if triggered by TNT in the soil.

Shown below2 at left is a photo of a soil tray planted with the engineered bioindicator seed in which the upper right quadrant of the soil has been drenched with liquid TNT. The photo at the right indicates the size of isolated plants.

Aresaphotos

Gene products that might be applied to measuring iron and phosphate levels and heavy metals in soil have been identified by scientists3, and Aresa has announced a plan to commercialize the latter for bioremediation4. Unfortunately, in the iron and phosphate plant sentinel prototype systems, the effects of the measurement are seen in the roots5 (not readily visible to the farmer) or as a very slow change in the shoots6 (timing that may not facilitate effective response measures).

Ideally, changes in an indicator species would be phenotypes that could be rapidly and easily detected by farmers, but that may not persist very long. Possible examples include a color change on a de-greened background (Medford et al.), a shape change or a texture change, such as the presence or absence of trichomes. Such changes might appear in leaves or stem segments produced only in plastochrons immediately associated with the stress, and leaf or stem segment production would revert to normal in sectors produced after the stress passes.

Some of our ideas about these changes are on the BioForge.  If you have ideas about such changes and how to effect them, please make a posting in the forum.

To see more about patents and patent applications that cover the field of bioindicators or biosentinels, click here.

Footnotes:

2 Images are used with permission, from Aresa's website, www.aresa.dk

3 Vert G, Grotz N, Dedaldechampa F, Gaymard F, Guerinot ML, Briat J-F, and Curie C (2002) 'IRT1, an Arabidopsis transporter essential for iron uptake from the soil and for plant growth'. Plant Cell 14: 1223-1233

4 www.aresa.dk

5 Vert et al. ibid.

6 Hammond JP, Bennett MJ, Bowen HC, Martin R. Broadley MR, Eastwood DC, May ST, Rahn C, Swarup R, Woolaway KE, and White PJ (2003) 'Changes in gene expression in Arabidopsis shoots during phosphate starvation and the potential for developing smart plants'. Plant Physiology 132: 578-596.

Scientific literature review on nutrient monitoring

History on use of sentinel organisms to assess soil quality - farmers' traditional knowledge

Human beings have a long history of agriculture.  The earliest evidence of farming is currently estimated to be 10,000 BC, where rye grains with characteristics indicative of domestication were identified in Abu Hureyra, Syria (Vasey, 1992).  The later four ancient civilizations that arose between 5000 - 1500 BC (Egypt, China, Mesopotamia and Indus civilizations) all evolved around great rivers that provided successful establishment due to agriculture, known to archeologists through detailed documentation by the individual civilizations (Reed, 1977).[add a comment]

This long history of agriculture enabled farmers to pick up environmental 'hints' that led to a rich harvest of crops.  Among the various abiotic and biological indicators that were available to them, the presence of particular plant species or a community of plant species was an indicator commonly used to assess soil quality.  Use of such 'indicator plants' on a particular piece of land to determine suitable crop plants to be cultivated is documented as early as 50 AD by Pliny the Elder (23-79 AD, author of Naturalis Historia; Sampson, 1939).  Unfortunately, documentation of such studies or knowledge were rare until the early 1900s (Clements, 1920; Hursh and Crafton, 1935).  An extensive early review on plant indicators was compiled by Sampson (1939).  The following key points concerning soil quality indicators in particular were raised:[add a comment]

In a more recent review on the use of weed species community structure to assess soil condition, Hill and Ramsay (1977) compiled a list of weed species and under what condition it was found to grow.  This review raises a point that the weed species/soil condition relationship is not a definite one, and that the list should be used as an opinion, rather than an answer to a particular problem.[add a comment]

Current studies on indicators of soil quality are focusing on community structures of microorganisms such as bacteria and fungi (Chen et al., 2003; Winding et al., 2005; Toljander et al., 2006).  One patent application that utilizes the concept of screening community structure to assess soil condition uses single nucleotide polymorphisms to investigate nematode diversity (WO 2004/090164).  These studies on microbial community structure lead to isolation of certain microorganisms that can further be genetically engineered to become powerful tools as sensitive bioindicators that detect specific substances in the environment.[add a comment]

Current methods to measure soil condition

Current available methods to measure soil parameters involve a colorimetric system.  The sample is combined with a substrate that causes a chemical reaction between a nutrient of interest within the sample (e.g. nitrogen, phosphate, potassium) and the substrate that produces colour, the intensity of which is then measured using photometers.  Laboratories conduct tests for farmers, however problems such as sampling cost and effort, and delays in obtaining results has deterred farmers from utilizing such services.  As an alternative to sending samples to laboratories, there are relatively inexpensive, field-based test kits available in the market.  Many portable test kits are supplied by various companies including Palintest, AquaticLife, Rapitest, Lamotte, Milwaukee Instruments, Hach, ELE, and Merck.  Limitations with these portable test kits are inconsistancy in results due to sampling and testing variation or error (Daniels et al., 2001), accuracy (laboratory results will provide more accurate results), and complexity of use with certain kits (and therefore necessity for training).[add a comment]

In all cases, they do not provide the opportunity to continuously monitor the environment - in other words, early detection of conditional deterioration is difficult with the colourimetric system unless routine monitoring can be conducted.[add a comment]

Proposals of alternative methods to assess environmental conditions - Transgenic biosensors that respond to particular conditions

A number of scientists in educational institutions have expressed optimism about the use of genetic engineering to produce transgenic bioindicator organisms that can detect nutrient deficiency in a particular environment (Ollinger et al., 2003; Sobral, 1997; Sandhana, 2003; MJ Hawkesford lab website, http://www.rothamsted.ac.uk/cpi/men/mh.html; CEBIOVEM, http://www.cebiovem.unito.it/indexeng.html).  Research in the field of nutrient deficiency detection has been concentrating on identifying genes that are upregulated during starvation of particular nutrients, isolating the promoter region of such genes, and linking them with reporter genes.  Examples of such systems and transformed organisms include PSQD1::GUS into A. thaliana (P deficiency; Hammond et al., 2003), PphoA::luxCDABE into P. fluorescens and E. coli (P deficiency; Dollard and Billard, 2003), PphoA::luxAB into a Synechococcus sp. (P deficiency; Schreiter et al., 2001), PglnA::luxAB into a Synechococcus sp. (N deficency; Gillor et al., 2003), PnarG::inaZ and PnarG::GFP into E. cloacae (N deficiency; DeAngelis et al., 2005), and PisiAB::luxAB into a Synechococcus sp. (Fe deficiency; Durham et al., 2002).  However, the technology of this field is still in early stages of research and development.[add a comment]

One patent family (WO 1994/13831: A highly sensitive method for detecting environmental insults by E.I. du Pont de Nemours and Co.; see chapter 5 - Detection of metal and other toxic compounds) contains granted patents in Canada (CA 2150232), Europe (EP 673439) and the United States (US 5683868), which generally claims a method to detect change in environmental conditions using a bioindicator organism.  This patent family provides examples of transgenic E. coli strains that can detect nitrogen and phosphate limitation.[add a comment]

A team lead by Dr Anthony Trewavas at the School of Biological Sciences, Edinburgh University was reported to have developed a transgenic potato that can detect dehydration in 1999 (http://news.bbc.co.uk/1/hi/sci/tech/specials/sheffield_99/446837.stm), but we were not able to identify a scientific article or any patent documents  concerning this research.[add a comment]

References

General

Blake-Kalff MMA, Zhao FJ, Hawkesford MJ, McGrath SP (2001). Using plant analysis to predict yield losses caused by sulphur deficiency. Ann. Appl. Biol. 138:123-127.[add a comment]

Clements FE (1920). Plant indicators: the relation of plant communities to process and practice. Carnegie Inst. Wash., Publ. No. 290. 388 pp.[add a comment]

Daniels MB, Delaune P, Moore PA Jr, Mauromoustakos A, Chapman SL, Langston JM. (2001). Soil phosphorus variability in pastures: implications for sampling and environmental management strategies. J Environ Qual. 30(6):2157-65.[add a comment]

DeAngelis KM, Ji P, Firestone MK, Lindow SE (2005). Two Novel Bacterial Biosensors for Detection of Nitrate Availability in the Rhizosphere. Appl Environ Microbiol 71(12):8537–8547.[add a comment]

Hill SB, Ramsey J (1977). Weeds as Indicators Of Soil Conditions. Faculty of Agricultural and Environmental Sciences, McGill University, Quebec, Canada. http://www.eap.mcgill.ca/Publications/EAP67.htm [add a comment]

Hursh CR, Crafton WM (1933). Plant indicators of soil conditions on recently abandoned fields. US Department of Agriculture, Forest Service, Appalachian Forest Experiment Station, http://cwt33.ecology.uga.edu/publications/813.pdf [add a comment]

Ollinger S, Sala O, Ågren GI, Berg B, Davidson E, Field CB, Lerdau MT, Neff J, Scholes M, Sterner R. (2003). New Frontiers in the Study of Element Interactions.
http://www.brown.edu/Research/ECI/people/sala/pdfs/114%20-%20SCOPE61chapter4.pdf [add a comment]

Reed CA ed. (1977). The Origins of Agriculture. Mouton, The Hague. [add a comment]

Sampson AW (1939). Plant indicators-- concept and status. Bot. Rev. 5: 155-206.[add a comment]

Sandhana L (2003). Plants: New Anti-Terror Weapon? http://wired-vig.wired.com/news/technology/0,1282,58118,00.html (news article on Dr Jack Schultz and funding from the Defense Advanced Research Projects Agency to develop transgenic A. thaliana that can detect explosives)[add a comment]

Sobral BWS (1997).  Genetic tools for a sustainable future. http://www.csu.edu.au/learning/ncgr/gpi/odyssey/green/index.htm [add a comment]

Toljander JF, Eberhardt U, Toljander YK, Paul LR, Taylor AF. (2006).  Species composition of an ectomycorrhizal fungal community along a local nutrient gradient in a boreal forest.  New Phytol. 170(4):873-84.[add a comment]

Vasey DE (1992).  An Ecological History of Agriculture: 10,000 B.C. - A.D. 10,000.  Iowa State University Press.[add a comment]

Winding A, Hund-Rinke K, Rutgers M (2005).  The use of microorganisms in ecological soil classification and assessment concepts.  Ecotoxicol Environ Saf. 62(2):230-48.[add a comment]

Phosphate/phosphorus

Dollard MA, Billard P. (2003).  Whole-cell bacterial sensors for the monitoring of phosphate bioavailability.  J Microbiol Methods 55(1):221-9.[add a comment]

Gillor O, Hadas O, Post AF,  Belkin S. (2002).  Phosphorus bioavailability monitoring by a bioluminescent cyanobacterial sensor strain.  J Phycol. 38:107-115.[add a comment]

Hammond JP, Bennett MJ, Bowen HC, Martin R. Broadley MR, Eastwood DC, May ST, Rahn C, Swarup R, Woolaway KE, and White PJ (2003).  Changes in gene expression in Arabidopsis shoots during phosphate starvation and the potential for developing smart plants.  Plant Physiol. 132:578-596.[add a comment]

Schreiter PP, Gillor O, Post A, Belkin S, Schmid RD, Bachmann TT. (2001).  Monitoring of phosphorus bioavailability in water by an immobilized luminescent cyanobacterial reporter strain.  Biosens Bioelectron. 16(9-12):811-8.[add a comment]

Nitrogen

Chen G, Zhu H, Zhang Y (2003).  Soil microbial activities and carbon and nitrogen fixation.  Res Microbiol.154(6):393-8.[add a comment]

Gillor O, Harush A, Hadas O, Post AF, Belkin S (2003).  A Synechococcus PglnA::luxAB fusion for estimation of nitrogen bioavailability to freshwater cyanobacteria.  Appl. Environ. Microbiol. 69:1465-1474.[add a comment]

Other

Durham KA, Porta D, Twiss MR, McKay RML, Bullerjahn GS (2002).  Construction and initial characterization of a luminescent Synechococcus sp. PCC7942 Fe-dependent bioreporter.  FEMS Microbiol Lett. 209:215-221.[add a comment]

Claims define what is patented

The claims are the most important part of a patent. Not the title, not the text, not the examples, and not the figures.

It is the claims that define the boundaries of the patent owner's rights. Remember that the patent owner's rights are exclusionary: (s)he may exclude others from making, using, selling, offering to sell, and importing the patented invention (e.g. a product or a process), and from importing a product made by a process patented in the importing country. To determine if someone is infringing a patent, (i.e. making, using the invention, etc. without the patent owner's permission), the allegedly infringing product or process is compared only to the claims of that patent.

Claims cannot to be interpreted in a vacuum. Although claims define the invention, the scope of the claimed invention is not always clear from reading the plain language of the claim. Claim interpretation can be difficult; a proper analysis is done by reading the claims in the context of the specification and in the context of the "prosecution history" (the back and forth negotiations between the patent applicant and the patent office regarding the claim language), and no particular interpretation may be binding unless and until there is litigation.  Thus, although claims in this technology landscape were analyzed from the plain language and the specification, scope of the claimed inventions may not have always been precisely determined.

A patent application is not the same as a patent

A patent application is NOT the same as a patent. Claims in a published patent application have not been examined by a national patent office and may not be representative of a scope that will ultimately be granted.

In the countries where the patents analysed in this landscape were filed, patent specifications are published 18 months after the earliest filing. The publications contain the claims of the application as filed.  Often, the claims in the application are written much more broadly than is actually patentable. As the application is examined by a patent office and claim language negotiated, the claims may shrink in scope. The specification of a granted patent will usually be the same as when published, but it also may change as the result of a successful opposition or re-examination.

The truth about international patents

There is no such thing as an international patent.

A patent is awarded by the government of a country and is valid only within its territorial boundaries. To obtain a patent that is valid in a particular country, a request must be made in that country's patent office.

Confusion and misunderstanding about "international patents" arises sometimes from the process of pursuing patents through the World Intellectual Property Organisation (WIPO). When looking at a WO ("World") published patent application, many people erroneously, but understandably, conclude that it is an application for a patent that will be valid in multiple countries. However, it is not a patent, and indeed it may never reach the national application phase or become a patent in any country. 

The international (PCT) application is a "placeholder" application for national filings.

Through an international treaty (Paris Convention Treaty), a group of countries agreed to offer patent applicants in these countries a one-year period in which to file an application in one of the other countries without losing the benefit of their filing date. The advantage is that any "art" (related technology) that became known after the original filing date in the home country but before the filing date in another country could not be cited against the application. Thus, for example, an application filed in Canada could wait up to one year before filing the application in Mexico under the same "priority date". This would give an applicant time to decide whether the costs of filing in other countries is justified.

Later, a second treaty (Patent Cooperation Treaty, PCT) established another route to delay the additional filings in other countries. In this method, an international office was set up ((WIPO) to receive and process the applications. But now, the applicant has one year to file at the WIPO office, preserving rights and original filing date in those designated countries without having to go to the expense of actually filing in each country. Eventually to obtain a patent in these countries, the application does need to be filed in the national patent offices (the process is called "conversion"), pay fees, have translations done and comply with the regulations of each individual office. Depending on some procedural issues and fee payments, the applicant may have up to 30 months from the original filing date (the date the application was filed in the home country) to decide whether or not to file and undergo these expenses in each of these other countries.

What is "ownership" of a patent?

The legal owner of a patent is designated as the "Assignee" on United States patents and as the "Applicant" on patents in the rest of the world.

Patent law gives the patent owner the right to exclude others from making, using, offering for sale, selling, and importing the patented product and from using the patented process, as well as using, offering for sale, selling, or importing a product obtained directly from a patented process. These rights are tradeable. The typical form of trade is a license, in which some or all of the rights may be transferred. For example, the patent owner may license only some of the claims in a patent, all of the claims but only in a particular field of research, all of the rights but only in certain countries, or the right to make and use but not the right to sell.  The cost may vary from nil to high, and licenses may be exclusive or non-exclusive. 

The holder of an exclusive license can control the rights in much the same way as the "owner" of the patent.  However, unlike the ownership of a patent, which is a matter of public record, licenses in most countries can be private. Unless the parties to a license choose to reveal the relationship, it can be impossible to obtain information about it.

In this paper, the legal owner of record is noted. The cautionary note is that the legal owner may not be the party that is in control of the rights you want access to.

Why a technology landscape on bioindicator systems?

Objective

Assessment on the condition of a particular environment, such as detecting:[add a comment]

currently rely heavily on quantitative methods using complex electronic or chemistry-based systems.  Such methods can be expensive, time consuming and labour-intensive.  The interpretation of quantitative results in biological or qualitative terms can also be difficult, in other words, how does one decide how much/less is too much/less for an organism in a given environment?[add a comment]

In order to overcome some of the problems with the present available methods to monitor environmental conditions, molecular biologists have started using biotechnological tools to create 'live' reporter organisms that detect the presence/absence of particular substances or conditions and convert the corresponding message into a detectable signal.  The signal can be detected on site, that reflects a biological condition of the reporter organism in response to the environment that is being assessed, therefore remedial action can be implemented without delay.[add a comment]

A survey and analysis on patent and non-patent (journal) literature concerning technology in the field of bioindicator systems was conducted to investigate the following points:[add a comment]

Scope of this technology landscape

The main focus of this technology landscape is on transgenic bioindicator systems that detect the presence or lack of substances and physical conditions in the external environment.  There are many non-patent literature and patent documents on nucleic acid sequences concerning inducible promoters, transporters and reporters as well as bioindicators that detect pathogens that have not been included in this landscape.[add a comment]

What this this technology landscape about?

This technology landscape focuses on the following three main topics:[add a comment]

This technology landscape is divided into six chapters and an appendix:[add a comment]

  1. General information (introduction on patents and about this technology landscape on bioindicator systems)
  2. Soil condition monitoring (scientific literature review)
  3. Detection of abiotic stress (patent analysis)
  4. Detection of metal and other toxic compounds (patent analysis)
  5. Detection of explosives (patent analysis)
  6. General bioindicator systems (patent analysis)
  7. Appendix (patent analysis)

What is this technology landscape not about?

The following topics have not been considered in this technology landscape, since each topic contains sufficient information for them to have individual technology landscapes:[add a comment]

Reference

Kohler S, Belkin S, Schmid RD. (2000). Reporter gene assays in environmental analysis. Fresenius J Anal Chem. 366:769-779.[add a comment]

Models of bioindicator systems in this landscape

There are two basic types of transgenic bioindicator systems that are introduced in this technology landscape:[add a comment]

  1. Inducible promoter that directs expression of a reporter gene
  2. Constitutive promoter that directs expression of a reporter gene

Inducible promoter that induces expression of a reporter gene

This concept is relatively straight forward, in that the environmental condition, compound, or substrate triggers the promoter to direct expression of the reporter gene.  The inducible promoter may respond to a single stimulant, or to a set of stimulants.  Promoters that respond to physical conditions (such as drought, temperature, or high salinity) are mainly identified from plants, whereas those that respond to particular compounds or substrates tend to be found in prokaryotes, e.g. bacteria isolated from sites with high levels of particular chemicals, selected for their the ability to metabolise/detoxify such chemicals.[add a comment]

The figure below shows some examples of promoters and reporters that have been used in this way in the literature.[add a comment]

Picture 1[add a comment]

Constitutive promoter that directs expression of a reporter gene

The second bioindicator system uses constitutive expression of the reporter gene.  The reporter signal can be used in many ways to detect the presence of an environmental condition or a compound/substance, including the following four: [add a comment]

  1. Decrease in reporter signal as an indicator that the transgenic organism is under stress and all constitutive expression is decreased
  2. Constitutive expression as a control (this system is used in conjunction with an inducible promoter - reporter gene system, where one reporter serves as an internal standard against which changes in the other are measured)
  3. Use of a transactivator to up-regulate expression of a "constitutive" promoter that is normally expressed only at a very low level or that is constitutively turned "off" (examples in the literature have used the 35S "minimal" promoter fragment)
  4. Use of a repressor gene to down-regulate expression of a promoter that is normally constitutive

The figure below shows some examples of promoters and reporters that have been used in this way in the literature.[add a comment]

Picture 2[add a comment]

Detection of abiotic stress - Summary

This chapter introduces two patent families, both filed by Syngenta Participations AG, that used microarray technology to identify polynucleotide sequences that have altered expression in a plant that has been exposed to cold, saline, or osmotic stress (or combinations of the stresses).  There are several differences between the two patent families:[add a comment]

Patent family

Assignee

Subject plant *

Claim structure

WO 2002/016655

The Scripps Research Institute
Syngenta Participations AG

Rice

  • Method to identify stress conditions in plants

WO 2003/008540

Syngenta Participations AG

Arabidopsis thaliana
  • Isolated polynucleotides and polypeptides
  • Method to identify stress conditions in plants
  • Method for altering tolerance of a plant to stress

* The plants in this column were used to identify polynucleotides and polypeptides of interest, however the claims in the patent documents are not limited to them.[add a comment]

Both patent families contain claims that are generally drawn towards use of the stress-responsive regulatory elements (nucleotide sequence that affects transcription of the corresponding coding region) to create sentinel plants that can detect presence of stress.[add a comment]

Patent applications filed by the Scripps Research Institute, Syngenta Participations AG, and Koninklijke Philips Electronics N.V.

Technology overview

The patent family described in this section filed by the Scripps Research Institute, Syngenta Participations AG, and Koninklijke Philips Electronics N.V. discloses a DNA microarray-based detection method of plants that have been exposed to abiotic stress.  The technology describes a group of nucleotide sequences that have altered expression patterns when rice is exposed to abiotic stress conditions, in particular cold, saline and osmotic stress.  The description identifies use of the regulatory elements of these stress-responsive genes along with reporter genes (chloramphenicol acetyltransferase, CAT; ß-glucuronidase, GUS; green fluorescent protein, GFP; ß-galactosidase, ß-GAL; luciferase) as a means to produce transgenic plants that can act as biosentinels that detect the presence of abiotic stress conditions.  The related journal publication of this technology is Cooper et al. (2003).  A network of rice genes associated with stress response and seed development.  Proc Natl Acad Sci USA. 100(8):4945-4950.

Details of patent documents

Patent or Publication no.

Title, Independent Claims and Summary

Assignee and licensing information

CA 2420555

  • Earliest priority - 24 Aug 2000
  • Filed - 24 Aug 2001
  • Application pending
  • Expected expiry - not applicable

Title - Stress-regulated genes of plants, transgenic plants containing same, and methods of use

Claim 1

A method of identifying a stress condition to which a plant cell has been exposed, the method comprising:
a) contacting nucleic acid molecules representative of expressed polynucleotides in the plant cell with an array of probes representative of the plant cell genome; and
b) detecting a profile of expressed polynucleotides in the plant cell characteristic of a stress response, thereby identifying the stress condition to which the plant cell was exposed.

Claim 18

A method for determining whether a test plant has been exposed to an abiotic stress, the method comprising

  • contacting nucleic acid molecules representative of expressed polynucleotides in cells of the test plant with at least one nucleic acid probe under conditions suitable for selective hybridization to a complementary nucleotide sequence, wherein

the probe comprises at least 15 nucleotides of a plant stress-regulated gene, provided said gene does not comprise a nucleotide sequence of a polynucleotide as set forth in any of SEQ ID NOS:156, 229, 233, 558, 573, 606, 635, 787, 813, 1263, 1386, 1391, 1405, 1445, 1484, 1589, 1609, 1634, 1726, 1866, 1918 or 1928, or a nucleotide sequence complementary thereto, whereby

detecting selective hybridization of at least one nucleic acid probe, or detecting a change in a level of selective hybridization as compared to a level of selective hybridization obtained using nucleic acid molecules representative of expressed polynucleotides in cells of a plant known not have been exposed to an abiotic stress, indicates that the test plant has been exposed to an abiotic stress, and whereby

an absence of selective hybridization of at least one nucleic acid probe indicates that the test plant has not been exposed to an abiotic stress.

Claim 22

A method for determining whether a test plant has been exposed to a cold stress, the method comprising

  • contacting nucleic acid molecules representative of expressed polynucleotides in cells of the test plant with at least one nucleic acid probe under conditions suitable for selective hybridization to a complementary nucleotide sequence, wherein

the probe comprises at least 15 nucleotides of a nucleotide sequence as set forth in any of SEQ ID NOS:1-155, 157-228, 230-232, 234-557, 559-572, 574-605, 607-634, 636-786, 788-812, 814-1261, or a nucleotide sequence complementary thereto, whereby

detecting selective hybridization of at least one nucleic acid probe, or detecting a change in a level of selective hybridization as compared to a level of selective hybridization obtained using nucleic acid molecules representative of expressed polynucleotides in cells of a plant known not have been exposed to a cold stress, indicates that the test plant has been exposed to a cold stress, and whereby

an absence of selective hybridization of at least one nucleic acid probe indicates that the test plant has not been exposed to a cold stress.

Claim 23

A method for determining whether a test plant has been exposed to a saline stress, the method comprising

  • contacting nucleic acid molecules representative of expressed polynucleotides in cells of the test plant with at least one nucleic acid probe under conditions suitable for selective hybridization to a complementary nucleotide sequence, wherein

the probe comprises at least 15 nucleotides of a nucleotide sequence as set forth in any of SEQ ID NOS:2226-2427, or a nucleotide sequence complementary thereto, whereby

detecting selective hybridization of at least one nucleic acid probe, or detecting a change in a level of selective hybridization as compared to a level of selective hybridization obtained using nucleic acid molecules representative of expressed polynucleotides in cells of a plant known not have been exposed to a saline stress, indicates that the test plant has been exposed to a saline stress, and whereby

an absence of selective hybridization of at least one nucleic acid probe indicates that the test plant has not been exposed to a saline stress.

Claim 24

A method for determining whether a test plant has been exposed to an osmotic stress, the method comprising

  • contacting nucleic acid molecules representative of expressed polynucleotides in cells of the test plant with at least one nucleic acid probe under conditions suitable for selective hybridization to a complementary nucleotide sequence, wherein

the probe comprises at least 15 nucleotides of a nucleotide sequence as set forth in two or more of SEQ ID NOS:2428-2585, or a nucleotide sequence complementary thereto, whereby

detecting selective hybridization of at least one nucleic acid probe, or detecting a change in a level of selective hybridization as compared to a level of selective hybridization obtained using nucleic acid molecules representative of expressed polynucleotides in cells of a plant known not have been exposed to an osmotic stress, indicates that the test plant has been exposed to an osmotic stress, and whereby

an absence of selective hybridization of at least one nucleic acid probe indicates that the test plant has not been exposed to an osmotic stress.

Claim 25

A method for determining whether a test plant has been exposed to a combination of abiotic stress conditions, the method comprising

  • contacting nucleic acid molecules representative of expressed polynucleotides in cells of the test plant with at least one nucleic acid probe under conditions suitable for selective hybridization to a complementary nucleotide sequence, whereby

detecting selective hybridization of at least one nucleic acid probe, or detecting a change in a level of selective hybridization as compared to a level of selective hybridization obtained using nucleic acid molecules representative of expressed polynucleotides in cells of a plant known not have been exposed to a combination of stress conditions, indicates that the test plant has been exposed to a combination of abiotic stress conditions, and whereby

an absence of selective hybridization of at least one nucleic acid probe indicates that the test plant has not been exposed to a combination of abiotic stress conditions.

Claim 30

A method for determining whether a test plant has been exposed to a cold stress and an osmotic stress, the method comprising

  • contacting nucleic acid molecules representative of expressed polynucleotides in cells of the test plant with at least one nucleic acid probe under conditions suitable for selective hybridization to a complementary nucleotide sequence, wherein

the probe comprises at least 15 nucleotides of a nucleotide sequence as set forth in any of SEQ ID NOS:1699-1969, or a nucleotide sequence complementary thereto, whereby

detecting selective hybridization of at least one nucleic acid probe, or detecting a change in a level of selective hybridization as compared to a level of selective hybridization obtained using nucleic acid molecules representative of expressed polynucleotides in cells of a plant known not have been exposed to a cold stress and an osmotic stress, indicates that the test plant has been exposed to a cold stress and an osmotic stress, and whereby

an absence of selective hybridization of at least one nucleic acid probe indicates that the test plant has not been exposed to a cold stress and an osmotic stress.

Claim 31

A method for determining whether a test plant has been exposed to a cold stress and a saline stress, the method comprising

  • contacting nucleic acid molecules representative of expressed polynucleotides in cells of the test plant with at least one nucleic acid probe under conditions suitable for selective hybridization to a complementary nucleotide sequence, wherein

the probe comprises at least 15 nucleotides of a nucleotide sequence as set forth in any of SEQ ID NOS:1970-2226, or a nucleotide sequence complementary thereto, whereby

detecting selective hybridization of at least one nucleic acid probe, or detecting a change in a level of selective hybridization as compared to a level of selective hybridization obtained using nucleic acid molecules representative of expressed polynucleotides in cells of a plant known not have been exposed to a cold stress and a saline stress, indicates that the test plant has been exposed to a cold stress and a saline stress, and whereby

an absence of selective hybridization of at least one nucleic acid probe indicates that the test plant has not been exposed to a cold stress and a saline stress.

Claim 32

A method for determining whether a test plant has been exposed to an osmotic stress and a saline stress, the method comprising

  • contacting nucleic acid molecules representative of expressed polynucleotides in the test plant with at least one nucleic acid probe under conditions suitable for selective hybridization to a complementary nucleotide sequence, wherein

the probe comprises at least 15 nucleotides of a nucleotide sequence as set forth in any of SEQ ID NOS:2586-2703, or a nucleotide sequence complementary thereto, whereby

detecting selective hybridization of at least one nucleic acid probe, or detecting a change in a level of selective hybridization as compared to a level of selective hybridization obtained using nucleic acid molecules representative of expressed polynucleotides in cells of a plant known not have been exposed to an osmotic stress and a saline stress, indicates that the test plant has been exposed to an osmotic stress and a saline stress, and whereby

an absence of selective hybridization of at least one nucleic acid probe indicates that the test plant has not been exposed to an osmotic stress and a saline stress.

Claim 33

A method for determining whether a test plant has been exposed to a cold stress, a saline stress and an osmotic stress, the method comprising

  • contacting nucleic acid molecules representative of expressed polynucleotides in cells of the test plant with a plurality of nucleic acid probes under conditions suitable for selective hybridization to a complementary nucleotide sequence, wherein

the probe comprises at least 15 nucleotides of a nucleotide sequence as set forth in any of SEQ ID NOS:1262-1698, or a nucleotide sequence complementary thereto, whereby

detecting selective hybridization of at least one nucleic acid probe, or detecting a change in a level of selective hybridization as compared to a level of selective hybridization obtained using nucleic acid molecules representative of expressed polynucleotides in cells of a plant known not have been exposed to a cold stress, a saline stress, and an osmotic stress, indicates that the test plant has been exposed to a cold stress, a saline stress and an osmotic stress, and whereby

an absence of selective hybridization of at least one nucleic acid probe indicates that the test plant has not been exposed to a cold stress, a saline stress and an osmotic stress.

Claim 34

A method for determining whether a test plant has been exposed to a cold stress, the method comprising

  • detecting a level of expression of at least one polynucleotide comprising a nucleotide sequence as set forth in SEQ ID NOS:1-155, 157-229, 230-232, 234-557, 559-572, 574-605, 607-634, 636-634, 636-786, 788812, and 814-1261 in cells of the test plant, wherein

detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant not exposed to a cold stress, or detecting a level of expression that is less than about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to a cold stress, indicates the test plant has been exposed to a cold stress, or wherein

detecting a level of expression that is less than at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant not exposed to a cold stress, or detecting a level of expression that is at least two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to a cold stress, indicates the test plant has not been exposed to a cold stress.

Claim 35

A method for determining whether a test plant has been exposed to a saline stress, the method comprising

  • detecting a level of expression of at least one polynucleotide comprising a nucleotide sequence as set forth in SEQ ID NOS:2226-2427 in cells of the test plant, wherein

detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant not exposed to a saline stress, or detecting a level of expression that is less than about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to a saline stress, indicates the test plant has been exposed to a saline stress, or wherein

detecting a level of expression that is less than about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant not exposed to a saline stress, or detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to a saline stress, indicates the test plant has not been exposed to a saline stress.

Claim 36

A method for determining whether a test plant has been exposed to an osmotic stress, the method comprising

  • detecting a level of expression of at least one polynucleotide comprising a nucleotide sequence as set forth in SEQ ID NOS:2428-2585 in cells of the test plant, wherein

detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant not exposed to an osmotic stress, or detecting a level of expression that is less than about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to an osmotic stress, indicates the test plant has been exposed to a osmotic stress, or wherein

detecting a level of expression that is less than about two-fold different from level of expression of the at least one polynucleotide in cells of a plant not exposed to an osmotic stress, or detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to an osmotic stress, indicates the test plant has not been exposed to a osmotic stress.

Claim 37

A method for determining whether a test plant has been exposed to a cold stress and an osmotic stress, the method comprising

  • detecting a level of expression of at least one polynucleotide comprising a nucleotide sequence as set forth in SEQ ID NOS:1699-1969 in cells of the test plant, wherein

detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant not exposed to a cold stress and an osmotic stress, or detecting a level of expression that is less than about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to a cold stress and an osmotic stress, indicates the test plant has been exposed to a cold stress and an osmotic stress, or wherein

detecting a level of expression that is less than about two-fold different from as a level of expression of the at least one polynucleotide in cells of a plant not exposed to a cold stress and an osmotic stress, or detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to a cold stress and an osmotic stress, indicates the test plant has not been exposed to a cold stress and an osmotic stress.

Claim 38

A method for determining whether a test plant has been exposed to a cold stress and a saline stress, the method comprising

  • detecting a level of expression of at least one polynucleotide comprising a nucleotide sequence as set forth in SEQ ID NOS:1970-2226 in cells of the test plant, wherein

detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant not exposed to a cold stress and a saline stress, or detecting a level of expression that is less than about two-fold different from as a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to a cold stress and a saline stress, indicates the test plant has been exposed to a cold stress and a saline stress, or wherein

detecting a level of expression that is less than about two-fold different from as a level of expression of the at least one polynucleotide in cells of a plant not exposed to a cold stress and a saline stress, or detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to a cold stress and a saline stress, indicates the test plant has not been exposed to a cold stress and a saline stress.

Claim 39

A method for determining whether a test plant has been exposed to a saline stress and an osmotic stress, the method comprising

  • detecting a level of expression of at least one polynucleotide comprising a nucleotide sequence as set forth in SEQ ID NOS:2586-2703 in cells of the test plant, wherein

detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant not exposed to a saline stress and an osmotic stress, or detecting a level of expression that is less than about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to a saline stress and an osmotic stress, indicates the test plant has been exposed to a saline stress and an osmotic stress, or wherein

detecting a level of expression that is less than about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant not exposed to a saline stress and an osmotic stress, or detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to saline stress and an osmotic stress, indicates the test plant has not been exposed to a saline stress and an osmotic stress.

Claim 40

A method for determining whether a test plant has been exposed to a cold stress, the method comprising

  • detecting a level of expression of at least one polynucleotide comprising a nucleotide sequence as set forth SEQ ID NOS:1-155, 157-229, 230-232, 234-557, 559-572, 574-605, 607-634, 636-634, 636-786, 788812, and 814-1261 in cells of the test plant, wherein

detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant not exposed to a cold stress, or detecting a level of expression that is less than about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to a cold stress, indicates the test plant has been exposed to a cold stress, or wherein

detecting a level of expression that is less than about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant not exposed to a cold stress, or detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to a cold stress, indicates the test plant has not been exposed to a cold stress.

Claim 41

A method for determining whether a test plant has been exposed to a cold stress, a saline stress and an osmotic stress, the method comprising

  • detecting a level of expression of at least one polynucleotide comprising a nucleotide sequence as set forth in SEQ ID NOS:1262-1698 in cells of the test plant, wherein

detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant not exposed to a cold stress, a saline stress and an osmotic stress, or detecting a level of expression that is less than about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to a cold stress, a saline stress and an osmotic stress, indicates the test plant has been exposed to a cold stress, a saline stress and an osmotic stress, or wherein

detecting a level of expression that is less than about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant not exposed to a cold stress, a saline stress and an osmotic stress, or detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to a cold stress, a saline stress and an osmotic stress, indicates the test plant has not been exposed to a cold stress, a saline stress and an osmotic stress.

Claim 42

A method of producing a transgenic plant comprising plant cells that exhibit altered responsiveness to at least one stress condition, the method comprising

  • introducing a polynucleotide portion of a plant stress-regulated gene into a plant cell genome, wherein the polynucleotide portion of the stress-regulated gene does not comprise a nucleotide sequence as set forth in any of SEQ ID NOS:156, 229, 233, 558, 573, 606, 635, 787, 813, 1263, 1386, 1391, 1405, 1445, 1484, 1589, 1609, 1634, 1726, 1866, 1918 or 1928, whereby the polynucleotide portion of the plant stress-regulated gene modulates a response of the plant cells to at least one stress condition, thereby producing a transgenic plant comprising plant cells that exhibit altered responsiveness to the stress condition.

Claim 46

A method of producing a transgenic plant comprising plant cells that exhibit altered responsiveness to a combination of at least two stress conditions, the method comprising

  • introducing a polynucleotide portion of a plant stress-regulated gene into a plant cell genome, whereby the polynucleotide portion of the plant stress-regulated gene modulates a response of the plant cells to a combination of at least two stress conditions, thereby producing a transgenic plant comprising plant cells that exhibit altered responsiveness to the stress conditions.

Claim 85

A method of selecting a plant having an altered resistance to an abiotic stress condition or a combination of abiotic stress conditions, the method comprising:

a) contacting nucleic acid molecules representative of expressed polynucleotides in a plant cell of a plant to be examined for having an altered resistance to an abiotic stress with a nucleic acid probes that selectively hybridizes under stringent conditions to a plant stress-regulated gene comprising a nucleotide sequence as set forth in any of SEQ ID NO:1-5379;

b) detecting a level of selective hybridization of the nucleic acid probes to a nucleic acid molecule representative of an expressed polynucleotide in the plant cell, wherein the level of selective hybridization corresponds to the level of the expressed polynucleotide in the plant cell, which is indicative of resistance of the plant to an abiotic stress; and

c) selecting a plant having a level of expression of a polynucleotide indicative of altered resistance to an abiotic stress condition.

Claim 96

A method of modulating the responsiveness of a plant cell to a stress condition, the method comprising

  • introducing a polynucleotide portion of a plant stress-regulated gene into the plant cell, wherein said gene comprises a nucleotide sequence of a polynucleotide as set forth in any of SEQ ID NOS:1-155, 157-228, 230-232, 234-557, 559-572, 574-605, 607-634, 636-786, 788-812, 814-1262, 1264-1386, 1387-1390, 1392-1404, 1406-1444, 1446-1483, 1485-1588, 1590-1608, 1610-1633, 1634-1725, 1727-1865, 1867-1917, 1919-1927, 1929-2855, 2857-2928, 2930-2932, 2934-3256, 3258-3271, 3273-3304, 3306-3323, 3325-3333, 3335-3485, 3487-3511, 3313-3956, 3958-4078, 4080-4097, 4099-4136, 4138-4175, 4177-4279, 4281-4299, 4301-4324, 4326-4414, 4416-4552, 4554-4602, and 4604-5379, thereby modulating the responsiveness of the plant cell to a stress condition.
Claim 115

A method of expressing a heterologous nucleotide sequence in a plant cell, the method comprising

  • introducing into the plant cell a plant stress-regulated regulatory element operatively linked to the heterologous nucleotide sequence, wherein said regulatory element comprises a nucleotide sequence as set forth in any of SEQ ID NOS:2704-2855, 2857-2928, 2930-2932, 2934-3256, 3258-3271, 3273-3304, 3306-3323, 3325-3333, 3335-3485, 3487-3511, 3313-3956, 3958-4078, 4080-4097, 4099-4136, 4138-4175, 4177-4279, 4281-4299, 4301-4324, 4326-4414, 4416-4552, 4554-4602, and 4604-5379, whereby, upon exposure of the plant cell to stress condition, the heterologous nucleotide sequence is expressed in the plant cell.
Claim 119

A method of modulating the activity of a biological pathway in a plant cell involving a plant stress-regulated polypeptide, the method comprising

  • introducing a polynucleotide portion of a plant stress-regulated gene into the plant cell, wherein the plant stress-regulated gene comprises a nucleotide sequence as set forth in any of SEQ ID NOS:1-155, 157-228, 230-232, 234-557, 559-572, 574-605, 607-634, 636-786, 788-812, 814-1262, 1264-1386, 1387-1390, 1392-1404, 1406-1444, 1446-1483, 1485-1588, 1590-1608, 1610-1633, 1634-1725, 1727-1865,1867-1917, 1919-1927, 1929-2855, 2857-2928, 2930-2932, 2934-3256, 3258-3271, 3273-3304, 3306-3323, 3325-3333, 3335-3485, 3487-3511, 3313-3956, 3958-4078, 4080-4097, 4099-4136, 4138-4175, 4177-4279, 4281-4299, 4301-4324, 4326-4414, 4416-4552, 4554-4602, and 4604-5379, thereby modulating the activity of the biological pathway.
Claim 122

A method of identifying a polynucleotide that modulates a stress response in a plant cell, the methods comprising:

a) contacting an array of probes representative of a plant cell genome and nucleic acid molecules expressed in plant cell exposed to the stress;

b) detecting a nucleic acid molecule that is expressed at a level different from a level of expression in the absence of the stress;

c) introducing the nucleic acid molecule of step b) into a plant cell; and

d) detecting a modulated response of the plant cell of step c) to a stress, thereby identifying a polynucleotide that modulates a stress response in a plant cell.

Claim 127

A transgenic plant, which contains a transgene comprising a polynucleotide portion of plant stress-regulated gene, wherein the gene comprises

  • a nucleotide sequence as set forth in any of SEQ ID NOS:1-155, 157-228, 230-232, 234-SS7, 559-572, 574-605, 607-634, 636-786, 788-812, 814-1262, 1264-1386, 1387-1390, 1392-1404, 1406-1444, 1446-1483, 1485-1588, 1590-1608, 1610-1633, 1634-1725, 1727-1865, 1867-1917, 1919-1927, 1929-2855, 2857-2928, 2930-2932, 2934-3256, 3258-3271, 3273-3304, 3306-3323, 3325-3333, 3335-3485, 3487-3511, 3313-3956, 3958-4078, 4080-4097, 4099-4136, 4138-4175, 4177-4279, 4281-4299, 4301-4324, 4326-4414, 4416-4552, 4554-4602, and 4604-5379.
Claim 142

A plant stress-regulated gene regulatory element, wherein the gene comprises

  • a nucleotide sequence as set forth in any of SEQ ID NOS:1-155, 157228, 230-232, 234-557, 559-572, 574-605, 607-634, 636-786, 788-812, 814-1262, 1264-1386, 1387-1390, 1392-1404, 1406-1444, 1446-1483, 1485-1588, 1590-1608, 1610-1633, 1634-1725, 1727-1865, 1867-1917, 1919-1927, 1929-2855, 2857-2928, 2930-2932, 2934-3256, 3258-3271, 3273-3304, 3306-3323, 3325-3333, 3335-3485, 3487-3511, 3313-3956, 3958-4078, 4080-4097, 4099-4136, 4138-4175, 4177-4279, 4281-4299, 4301-4324, 4326-4414, 4416-4552, 4554-4602, and 4604-5379.
Claim 154

A method for identifying a polynucleotide involved in a stress response of a plant, the method comprising:

a) contacting nucleic acid molecules representative of expressed polynucleotides in plant cells of a plant exposed to a stress condition or combination of stress conditions with an array of probes representative of the plant cell genome; and

b) detecting a nucleic acid molecule that exhibits at least a two-fold change in the level of expression as compared to the level of the nucleic acid molecule in a corresponding plant cell of a plant that was not exposed to the stress condition, thereby identifying a polynucleotide involved in a stress response of the plant.

Claim 157

A computer readable medium having stored thereon computer executable instructions for performing a method comprising:

a) receiving data on expression in a cell of a plant of a nucleic acid molecule having at least 70% sequence identity to a nucleotide sequence comprising any of SEQ ID NO. 1-5379; and

b) comparing the data on expression of the nucleic acid molecule with data on expression of the nucleic acid in a cell of a plant that has not been exposed to an abiotic stress, of a plant that has been exposed to an abiotic stress condition or combination of abiotic stress conditions, or of a combination of such plants.

Claim 159

A computer-readable medium having stored thereon a data structure comprising:

  • sequence data for at least one nucleic acid molecule having at least 70% nucleic acid sequence identity to a polynucleotide having a nucleotide sequence as set forth in any of SEQ ID NO. 1-5379 or a nucleotide sequence complementary thereto; and
  • a module receiving the nucleic acid molecule sequence data, which compares the nucleic acid molecule sequence data to a least one other nucleic acid sequence.

The claims are generally drawn towards:

  • a method of identifying a stress condition to which a plant cell has been exposed (claim 1)
  • a method for determining whether a test plant has been exposed to an abiotic stress (claim 18; 22, 34 and 40: cold stress; 23 and 35: saline stress; 24 and 36: osmotic stress)
  • a method for determining whether a test plant has been exposed to a combination of abiotic stress conditions (claim 25; 30 and 37: cold and osmotic stress; 31 and 38: cold and saline stress; 32 and 39: osmotic and saline stress; 33 and 41: cold, saline and osmotic stress)
  • a method of producing a transgenic plant that exhibit altered responsiveness to at least one stress condition (claim 42)
  • a method of producing a transgenic plant that exhibit altered responsiveness to at least two stress conditions (claim 46)
  • a method for monitoring a population of plants for exposure to a stress condition or a combination of stress conditions (claim 68)
  • a method of selecting a plant having an altered resistance to an abiotic stress condition or a combination of abiotic stress conditions (claim 85)
  • a method of modulating the responsiveness of a plant cell to a stress condition (claim 96)
  • a method of expressing a heterologous nucleotide sequence in a plant cell (claim 115)
  • a method of modulating the activity of a biological pathway in a plant cell involving a plant stress-regulated polypeptide (claim 119)
  • a method of identifying a polynucleotide that modulates a stress response in a plant cell (claim 122)
  • a transgenic plant containing a transgene comprising a polynucleotide portion of plant stress-regulated gene (claim 127)
  • a plant stress-regulated gene regulatory element (claim 142)
  • a method for identifying a polynucleotide involved in a stress response of a plant (claim 154)
  • a computor readable medium having stored executable instructions for comparing data on expression in a cell of a plant (claim 157)
  • a computor readable medium having stored a data structure comprising sequence data and a module (claim 159)

Definitions extracted from the specification are:

  • Abiotic stress - exposure of a plant, plant cell, or the like, to a non-living ("abiotic") physical or chemical agent or condition that has an adverse effect on metabolism, growth, development, propagation and/or survival of the plant (collectively "growth").
  • SEQ ID NOS:156, 229, 233, 558, 573, 606, 635, 787, 813, 1263, 1386, 1391, 1405, 1445, 1484, 1589, 1609, 1634, 1726, 1866, 1918 or 1928 - (polynucleotides that) previously have been described as being involved in a stress-regulated response in plants... and, therefore, are not encompassed, in whole or in part, within the compositions of the invention...
  • SEQ ID NOS:1-155, 157-228, 230-232, 234-557, 559-572, 574-605, 607-634, 636-786, 788-812, 814-1261 (SEQ ID NOS 1-1261 excluding ones previously described, see dot point above) - cold responsive genes
  • SEQ ID NOS:2226 - 2427 - saline responsive genes
  • SEQ ID NOS:2428 - 2585 - osmotic responsive genes
  • SEQ ID NOS:1699 - 1969 - cold and osmotic responsive genes
  • SEQ ID NOS:1970 - 2226 - cold and saline responsive genes
  • SEQ ID NOS:2586 - 2703 - osmotic and saline responsive genes
  • SEQ ID NOS:1262 - 1698 - cold, osmotic and saline responsive genes
  • SEQ ID NOS:1 - 5379 - this list is categorised into two groups: SEQ ID NOS:1 - 2703 - stress-regulated polypeptide or functional peptide portion thereof; SEQ ID NOS:2704 - 5379 - stress-regulated gene regulatory element
  • SEQ ID NOS:2704-2855, 2857-2928, 2930-2932, 2934-3256, 3258-3271, 3273-3304, 3306-3323, 3325-3333, 3335-3485, 3487-3511, 3313-3956, 3958-4078, 4080-4097, 4099-4136, 4138-4175, 4177-4279, 4281-4299, 4301-4324, 4326-4414, 4416-4552, 4554-4602, and 4604-5379 - stress-regulated gene regulatory elements excluding those for which the corresponding stress responsive genes have been previously described.
  • Plant stress-regulated gene - a polynucleotide sequence of a plant, the transcription of which is altered in response to exposure to a stress condition, and the regulatory elements linked to such a polynulceotide sequence and involved in the stress response, which can be induction or repression.
  • Regulatory element - a nucleotide sequence that, when operatively linked to a coding region of a genes, affects transcription of the coding region such that a ribonucleic acid (RNA) molecule is transcribed from the coding region.
  • Plant stress-regulated regulatory element - a nucleotide sequence of a plant genome that can respond to a stress such that expression of a gene product encoded by a gene comprising the regulatory element (a stress-inducible gene) is increased above or decreased below the level of expression of the gene product in the absence of the stress condition.
  • Operatively linked (in reference to a regulatory element) - the regulatory element is positioned with respect to a second nucleotide sequence such that the regulatory element affects transcription or transcription and translation of the nucleotide sequence in substantially the same manner, but not necessarily to the same extent, as is does when the regulatory element is present in its natural position in a genome.
  • Heterologous nucleotide sequence - a nucleotide sequence that is not normally part of the plant stress-regulated gene from which the polynucleotide portion of the plant stress-regulated gene-component of the recombinant polynucleotide is obtained; or, if it is a part of the plant stress-regulated gene from which the polynucleotide portion is obtained, it is an orientation other than it would normall be in...
  • Introducing (a polynucleotide portion) - transferring a polynucleotide into a plant cell. The method is not limited to Agrobacterium-mediated transformation.
  • At least one (nucleic acid probe) - includes one, two, three or more...
  • Pluarity (of nucleic acid probes) - two or more...

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

Dependent claims 144-149 are generally drawn towards a method to identify agents by use of transgenic bioreporter systems (which corresponds to dependent claims 146-151 in WO 2002/16655, see below for content).

Scripps Research Institute

10550 NORTH TORREY PINES ROAD
LA JOLLA, CALIFORNIA 92037

Syngenta Participations AG

SCHWARZWALDALLEE 215
CH-4058 BASEL, SWITZERLAND

Koninklijke Philips Electronics N.V.

(US only)

GROENEWOUDSEWEG 1
EINDHOVEN, NETHERLANDS 5621

US 2002/160378

US 2004/009476 (corrected publication)

  • Earliest priority - 24 Aug 2000
  • Filed - 24 Aug 2001
  • Application pending
  • Expected expiry - not applicable

Title - Stress-regulated genes of plants, transgenic plants containing same, and methods of use

Claim 1

A method for determining whether a test plant has been exposed to an abiotic stress condition, the method comprising

  • contacting nucleic acid molecules representative of expressed polynucleotides in cells of the test plant with at least one nucleic acid probe under conditions suitable for selective hybridization to a complementary nucleotide sequence, wherein

the probe comprises at least 15 nucleotides of a nucleotide sequence as set forth in any of SEQ ID NOS:1-155, 157-228, 230-232, 234-557, 559-572, 574-605, 607-634, 636-786, 788-812, 814-1261, 2227-2585, 2704-2857-2928, 2930-2932, 2934-3256, 3258-3271, 3273-3304, 3306-3323, 3325-3333, 3335-3485, 3487-3511, 3313-3955, and 4910-5263, or a nucleotide sequence complementary thereto, whereby

detecting selective hybridization of at least one nucleic acid probe, or detecting a change in a level of selective hybridization as compared to a level of selective hybridization obtained using nucleic acid molecules representative of expressed polynucleotides in cells of a plant known not have been exposed to an abiotic stress, indicates that the test plant has been exposed to an abiotic stress condition, and whereby

an absence of selective hybridization of at least one nucleic acid probe indicates that the test plant has not been exposed to an abiotic stress condition.

Claim 5

A method for determining whether a test plant has been exposed to a combination of abiotic stress conditions, the method comprising

  • contacting nucleic acid molecules representative of expressed polynucleotides in cells of the test plant with at least one nucleic acid probe under conditions suitable for selective hybridization to a complementary nucleotide sequence, wherein

the probe comprises at least 15 nucleotides of a nucleotide sequence as set forth in any of SEQ ID NOS:1262-2226, 2586-2703, 3956-4909, and 5264-5379, or a nucleotide sequence complementary thereto, whereby

detecting selective hybridization of at least one nucleic acid probe, or detecting a change in a level of selective hybridization as compared to a level of selective hybridization obtained using nucleic acid molecules representative of expressed polynucleotides in cells of a plant known not have been exposed to a combination of stress conditions, indicates that the test plant has been exposed to a combination of abiotic stress conditions, and whereby

an absence of selective hybridization of at least one nucleic acid probe indicates that the test plant has not been exposed to a combination of abiotic stress conditions.

Claim 12

A method for determining whether a test plant has been exposed to an abiotic stress condition or combination of abiotic stress conditions, the method comprising

detecting a level of expression of at least one polynucleotide comprising a nucleotide sequence as set forth in any of SEQ ID NOS:1-155, 157-228, 230-232, 234-557, 559-572, 574-605, 607-634, 636-786, 788-812, 814-1262, 1264-1386, 1387-1390, 1392-1404, 1406-1444, 1446-1483, 1485-1588, 1590-1608, 1610-1633, 1634-1725, 1727-1865, 1867-1917, 1919-1927, 1929-2855, 2857-2928, 2930-2932, 2934-3256, 3258-3271, 3273-3304, 3306-3323, 3325-3333, 3335-3485, 3487-3511, 3313-3956, 3958-4078, 4080-4097, 4099-4136, 4138-4175, 4177-4279, 4281-4299, 4301-4324, 4326-4414, 4416-4552, 4554-4602, and 4604-5379, in cells of the test plant, wherein

detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant not exposed to an abiotic stress or combination of abiotic stresses, or detecting a level of expression that is less than about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to an abiotic stress or combination of abiotic stresses, indicates the test plant has been exposed to an abiotic stress or combination of abiotic stresses, or wherein

detecting a level of expression that is less than at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant not exposed to an abiotic stress or combination of abiotic stresses, or detecting a level of expression that is at least two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to an abiotic stress or combination of abiotic stresses, indicates the test plant has not been exposed to an abiotic stress or combination of abiotic stresses.

Claim 20

A method of identifying a stress condition to which a plant cell has been exposed, the method comprising:

a) contacting nucleic acid molecules representative of expressed polynucleotides in the plant cell with an array of probes representative of the plant cell genome; and

b) detecting a profile of expressed polynucleotides in the plant cell characteristic of a stress response, thereby identifying the stress condition to which the plant cell was exposed.

Claim 29

A method of producing a transgenic plant comprising plant cells that exhibit altered responsiveness to at least one stress condition, the method comprising

  • introducing a polynucleotide portion of a plant stress-regulated gene into a plant cell genome, wherein

the polynucleotide portion of the stress-regulated gene comprises a nucleotide sequence as set forth in any of 1-155, 157-228, 230-232, 234-557, 559-572, 574-605, 607-634, 636-786, 788-812, 814-1262, 1264-1386, 1387-1390, 1392-1404, 1406-1444, 1446-1483, 1485-1588, 1590-1608, 1610-1633, 1634-1725, 1727-1865, 1867-1917, 1919-1927, 1929-2855, 2857-2928, 2930-2932, 2934-3256, 3258-3271, 3273-3304, 3306-3323, 3325-3333, 3335-3485, 3487-3511, 3313-3956, 3958-4078, 4080-4097, 4099-4136, 4138-4175, 4177-4279, 4281-4299, 4301-4324, 4326-4414, 4416-4552, 4554-4602, and 4604-5379, whereby the polynucleotide portion of the plant stress-regulated gene modulates a response of the plant cells to at least one stress condition, thereby producing a transgenic plant comprising plant cells that exhibit altered responsiveness to the stress condition.

Claim 46

A transgenic plant, which contains a transgene comprising a polynucleotide portion of plant stress-regulated gene, wherein the gene comprises

  • a nucleotide sequence as set forth in any of SEQ ID NOS:1-155, 157-228, 230-232, 234-557, 559-572, 574-605, 607-634, 636-786, 788-812, 814-1262, 1264-1386, 1387-1390, 1392-1404, 1406-1444, 1446-1483, 1485-1588, 1590-1608, 1610-1633, 1634-1725, 1727-1865, 1867-1917, 1919-1927, 1929-2855, 2857-2928, 2930-2932, 2934-3256, 3258-3271, 3273-3304, 3306-3323, 3325-3333, 3335-3485, 3487-3511, 3313-3956, 3958-4078, 4080-4097, 4099-4136, 4138-4175, 4177-4279, 4281-4299, 4301-4324, 4326-4414, 4416-4552, 4554-4602, and 4604-5379.
Claim 58

A plant stress-regulated gene regulatory element, wherein the gene comprises

  • a nucleotide sequence as set forth in any of SEQ ID NOS:1-155, 157-228, 230-232, 234-557, 559-572, 574-605, 607-634, 636-786, 788-812, 814-1262, 1264-1386, 1387-1390, 1392-1404, 1406-1444, 1446-1483, 1485-1588, 1590-1608, 1610-1633, 1634-1725, 1727-1865, 1867-1917, 1919-1927, 1929-2855, 2857-2928, 2930-2932, 2934-3256, 3258-3271, 3273-3304, 3306-3323, 3325-3333, 3335-3485, 3487-3511, 3313-3956, 3958-4078, 4080-4097, 4099-4136, 4138-4175, 4177-4279, 4281-4299, 4301-4324, 4326-4414, 4416-4552, 4554-4602, and 4604-5379.
Claim 66

A method of selecting a plant having an altered resistance to an abiotic stress condition or a combination of abiotic stress conditions, the method comprising:

a) contacting nucleic acid molecules representative of expressed polynucleotides in a plant cell of a plant to be examined for having an altered resistance to an abiotic stress with a nucleic acid probe that selectively hybridizes under stringent conditions to a plant stress-regulated gene comprising a nucleotide sequence as set forth in any of SEQ ID NO:1-155, 157-228, 230-232, 234-557, 559-572, 574-605, 607-634, 636-786, 788-812, 814-1262, 1264-1386, 1387-1390, 1392-1404, 1406-1444, 1446-1483, 1485-1588, 1590-1608, 1610-1633, 1634-1725, 1727-1865, 1867-1917, 1919-1927, 1929-2855, 2857-2928, 2930-2932, 2934-3256, 3258-3271, 3273-3304, 3306-3323, 3325-3333, 3335-3485, 3487-3511, 3313-3956, 3958-4078, 4080-4097, 4099-4136, 4138-4175, 4177-4279, 4281-4299, 4301-4324, 4326-4414, 4416-4552, 4554-4602, and 4604-5379;

b) detecting a level of selective hybridization of the nucleic acid probes to a nucleic acid molecule representative of an expressed polynucleotide in the plant cell, wherein the level of selective hybridization corresponds to the level of the expressed polynucleotide in the plant cell, which is indicative of resistance of the plant to an abiotic stress; and

c) selecting a plant having a level of expression of a polynucleotide indicative of altered resistance to an abiotic stress condition.

Claim 75

A method for identifying a polynucleotide involved in a stress response of a plant, the method comprising:

a) contacting nucleic acid molecules representative of expressed polynucleotides in plant cells of a plant exposed to a stress condition or combination of stress conditions with an array of probes representative of the plant cell genome; and

b) detecting a nucleic acid molecule that exhibits at least a two-fold change in the level of expression as compared to the level of the nucleic acid molecule in a corresponding plant cell of a plant that was not exposed to the stress condition, thereby identifying a polynucleotide involved in a stress response of the plant.

Claim 78

A computer readable medium having stored thereon computer executable instructions for performing a method comprising:

a) receiving data on expression in a cell of a plant of a nucleic acid molecule having at least 70% sequence identity to a nucleotide sequence comprising any of SEQ ID NO. 1-5379; and

b) comparing the data on expression of the nucleic acid molecule with data on expression of the nucleic acid in a cell of a plant that has not been exposed to an abiotic stress, of a plant that has been exposed to an abiotic stress condition or combination of abiotic stress conditions, or of a combination of such plants.

Claim 79

A computer-readable medium having stored thereon a data structure comprising:

  • sequence data for at least one nucleic acid molecule having at least 70% nucleic acid sequence identity to a polynucleotide having a nucleotide sequence as set forth in any of SEQ ID NO. 1-5379 or a nucleotide sequence complementary thereto; and
  • a module receiving the nucleic acid molecule sequence data, which compares the nucleic acid molecule sequence data to a least one other nucleic acid sequence.

The claims are generally drawn towards:

  • a method for determining whether a test plant has been exposed to an abiotic stress condition (claim 1)
  • a method for determining whether a test plant has been exposed to a combination of abiotic stress conditions (claim 5)
  • a method for determining whether a test plant has been exposed to an abiotic stress condition or combination of abiotic stress conditions (claim 12)
  • a method of identifying a stress condition to which a plant cell has been exposed (claim 20)
  • a method of producing a transgenic plant comprising plant cells that exhibit altered responsiveness to at least one stress condition (claim 29)
  • a transgenic plant, which contains a transgene comprising a polynucleotide portion of plant stress-regulated gene (claim 46)
  • a plant stress-regulated gene regulatory element (claim 58)
  • a method of selecting a plant having an altered resistance to an abiotic stress condition or a combination of abiotic stress conditions (claim 66)
  • a method for identifying a polynucleotide involved in a stress response of a plant (claim 75)
  • A computer-readable medium having stored thereon a data structure comprising sequence data and a module (claim 79)

Definitions extracted from the specification are provided in CA 2420555.

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

Dependent claims 71-74 are generally drawn towards a method to identify agents by use of stress-responsive regulatory elements linked to nucleotide sequences coding for reporter molecules (which corresponds to dependent claims 146-149 in WO2002/16655, see below for content).

WO 2002/16655 A2

WO 2002/16655 A2 R6
(corrected publication)

  • Earliest priority - 24 Aug 2000
  • Filed - 24 Aug 2001
  • Published - 28 Feb 2002
  • Corrected - 9 Jan 2003
  • Expected expiry - not applicable

Title - Stress-regulated genes of plants, transgenic plants containing same, and methods of use

Claim 1

A method of identifying a stress condition to which a plant cell has been exposed, the method comprising:
a) contacting nucleic acid molecules representative of expressed polynucleotides in the plant cell with an array of probes representative of the plant cell genome; and
b) detecting a profile of expressed polynucleotides in the plant cell characteristic of a stress response, thereby identifying the stress condition to which the plant cell was exposed.

Claim 18

A method for determining whether a test plant has been exposed to an abiotic stress, the method comprising

  • contacting nucleic acid molecules representative of expressed polynucleotides in cells of the test plant with at least one nucleic acid probe under conditions suitable for selective hybridization to a complementary nucleotide sequence, wherein

the probe comprises at least 15 nucleotides of a plant stress-regulated gene, provided said gene does not comprise a nucleotide sequence of a polynucleotide as set forth in any of SEQ ID NOS:156, 229, 233, 558, 573, 606, 635, 787, 813, 1263, 1386, 1391, 1405, 1445, 1484, 1589, 1609, 1634, 1726, 1866, 1918 or 1928,or a nucleotide sequence complementary thereto, whereby

detecting selective hybridization of at least one nucleic acid probe, or detecting a change in a level of selective hybridization as compared to a level of selective hybridization obtained using nucleic acid molecules representative of expressed polynucleotides in cells of a plant known not have been exposed to an abiotic stress, indicates that the test plant has been exposed to an abiotic stress, and whereby

an absence of selective hybridization of at least one nucleic acid probe indicates that the test plant has not been exposed to an abiotic stress.

Claim 22

A method for determining whether a test plant has been exposed to a cold stress, the method comprising

  • contacting nucleic acid molecules representative of expressed polynucleotides in cells of the test plant with at least one nucleic acid probe under conditions suitable for selective hybridization to a complementary nucleotide sequence, wherein

the probe comprises at least 15 nucleotides of a nucleotide sequence as set forth in any of SEQ ID NOS:1-155, 157-228, 230-232, 234-557, 559-572, 574-605, 607-634, 636-786, 788-812, 814-1261, or a nucleotide sequence complementary thereto, whereby

detecting selective hybridization of at least one nucleic acid probe, or detecting a change in a level of selective hybridization as compared to a level of selective hybridization obtained using nucleic acid molecules representative of expressed polynucleotides in cells of a plant known not have been exposed to a cold stress, indicates that the test plant has been exposed to a cold stress, and whereby

an absence of selective hybridization of at least one nucleic acid probe indicates that the test plant has not been exposed to a cold stress.

Claim 23

A method for determining whether a test plant has been exposed to a saline stress, the method comprising

  • contacting nucleic acid molecules representative of expressed polynucleotides in cells of the test plant with at least one nucleic acid probe under conditions suitable for selective hybridization to a complementary nucleotide sequence, wherein

the probe comprises at least 15 nucleotides of a nucleotide sequence as set forth in any of SEQ ID NOS:2226-2427, or a nucleotide sequence complementary thereto, whereby

detecting selective hybridization of at least one nucleic acid probe, or detecting a change in a level of selective hybridization as compared to a level of selective hybridization obtained using nucleic acid molecules representative of expressed polynucleotides in cells of a plant known not have been exposed to a saline stress, indicates that the test plant has been exposed to a saline stress, and whereby

an absence of selective hybridization of at least one nucleic acid probe indicates that the test plant has not been exposed to a saline stress.

Claim 24

A method for determining whether a test plant has been exposed to an osmotic stress, the method comprising

  • contacting nucleic acid molecules representative of expressed polynucleotides in cells of the test plant with at least one nucleic acid probe under conditions suitable for selective hybridization to a complementary nucleotide sequence, wherein

the probe comprises at least 15 nucleotides of a nucleotide sequence as set forth in two or more of SEQ ID NOS:2428-2585, or a nucleotide sequence complementary thereto, whereby

detecting selective hybridization of at least one nucleic acid probe, or detecting a change in a level of selective hybridization as compared to a level of selective hybridization obtained using nucleic acid molecules representative of expressed polynucleotides in cells of a plant known not have been exposed to an osmotic stress, indicates that the test plant has been exposed to an osmotic stress, and whereby

an absence of selective hybridization of at least one nucleic acid probe indicates that the test plant has not been exposed to an osmotic stress.

Claim 25

A method for determining whether a test plant has been exposed to a combination of abiotic stress conditions, the method comprising

  • contacting nucleic acid molecules representative of expressed polynucleotides in cells of the test plant with at least one nucleic acid probe under conditions suitable for selective hybridization to a complementary nucleotide sequence, whereby

detecting selective hybridization of at least one nucleic acid probe, or detecting a change in a level of selective hybridization as compared to a level of selective hybridization obtained using nucleic acid molecules representative of expressed polynucleotides in cells of a plant known not have been exposed to a combination of stress conditions, indicates that the test plant has been exposed to a combination of abiotic stress conditions, and whereby

an absence of selective hybridization of at least one nucleic acid probe indicates that the test plant has not been exposed to a combination of abiotic stress conditions.

Claim 30

A method for determining whether a test plant has been exposed to a cold stress and an osmotic stress, the method comprising

  • contacting nucleic acid molecules representative of expressed polynucleotides in cells of the test plant with at least one nucleic acid probe under conditions suitable for selective hybridization to a complementary nucleotide sequence, wherein

the probe comprises at least 15 nucleotides of a nucleotide sequence as set forth in any of SEQ ID NOS:1699-1969, or a nucleotide sequence complementary thereto, whereby

detecting selective hybridization of at least one nucleic acid probe, or detecting a change in a level of selective hybridization as compared to a level of selective hybridization obtained using nucleic acid molecules representative of expressed polynucleotides in cells of a plant known not have been exposed to a cold stress and an osmotic stress, indicates that the test plant has been exposed to a cold stress and an osmotic stress, and whereby

an absence of selective hybridization of at least one nucleic acid probe indicates that the test plant has not been exposed to a cold stress and an osmotic stress.

Claim 31

A method for determining whether a test plant has been exposed to a cold stress and a saline stress, the method comprising

  • contacting nucleic acid molecules representative of expressed polynucleotides in cells of the test plant with at least one nucleic acid probe under conditions suitable for selective hybridization to a complementary nucleotide sequence, wherein

the probe comprises at least 15 nucleotides of a nucleotide sequence as set forth in any of SEQ ID NOS:1970-2226, or a nucleotide sequence complementary thereto, whereby

detecting selective hybridization of at least one nucleic acid probe, or detecting a change in a level of selective hybridization as compared to a level of selective hybridization obtained using nucleic acid molecules representative of expressed polynucleotides in cells of a plant known not have been exposed to a cold stress and a saline stress, indicates that the test plant has been exposed to a cold stress and a saline stress, and whereby

an absence of selective hybridization of at least one nucleic acid probe indicates that the test plant has not been exposed to a cold stress and a saline stress.

Claim 32

A method for determining whether a test plant has been exposed to an osmotic stress and a saline stress, the method comprising

  • contacting nucleic acid molecules representative of expressed polynucleotides in the test plant with at least one nucleic acid probe under conditions suitable for selective hybridization to a complementary nucleotide sequence, wherein

the probe comprises at least 15 nucleotides of a nucleotide sequence as set forth in any of SEQ ID NOS:2586-2703, or a nucleotide sequence complementary thereto, whereby

detecting selective hybridization of at least one nucleic acid probe, or detecting a change in a level of selective hybridization as compared to a level of selective hybridization obtained using nucleic acid molecules representative of expressed polynucleotides in cells of a plant known not have been exposed to an osmotic stress and a saline stress, indicates that the test plant has been exposed to an osmotic stress and a saline stress, and whereby

an absence of selective hybridization of at least one nucleic acid probe indicates that the test plant has not been exposed to an osmotic stress and a saline stress.

Claim 33

A method for determining whether a test plant has been exposed to a cold stress, a saline stress and an osmotic stress, the method comprising

  • contacting nucleic acid molecules representative of expressed polynucleotides in cells of the test plant with a plurality of nucleic acid probes under conditions suitable for selective hybridization to a complementary nucleotide sequence, wherein

the probe comprises at least 15 nucleotides of a nucleotide sequence as set forth in any of SEQ ID NOS:1262-1698, or a nucleotide sequence complementary thereto, whereby

detecting selective hybridization of at least one nucleic acid probe, or detecting a change in a level of selective hybridization as compared to a level of selective hybridization obtained using nucleic acid molecules representative of expressed polynucleotides in cells of a plant known not have been exposed to a cold stress, a saline stress, and an osmotic stress, indicates that the test plant has been exposed to a cold stress, a saline stress and an osmotic stress, and whereby

an absence of selective hybridization of at least one nucleic acid probe indicates that the test plant has not been exposed to a cold stress, a saline stress and an osmotic stress.

Claim 34

A method for determining whether a test plant has been exposed to a cold stress, the method comprising

  • detecting a level of expression of at least one polynucleotide comprising a nucleotide sequence as set forth in SEQ ID NOS:1-155, 157-229, 230-232, 234-557, 559-572, 574-605, 607-634, 636-634, 636-786, 788812, and 814-1261 in cells of the test plant, wherein

detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant not exposed to a cold stress, or detecting a level of expression that is less than about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to a cold stress, indicates the test plant has been exposed to a cold stress, or wherein

detecting a level of expression that is less than at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant not exposed to a cold stress, or detecting a level of expression that is at least two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to a cold stress, indicates the test plant has not been exposed to a cold stress.

Claim 35

A method for determining whether a test plant has been exposed to a saline stress, the method comprising

  • detecting a level of expression of at least one polynucleotide comprising a nucleotide sequence as set forth in SEQ ID NOS:2226-2427 in cells of the test plant, wherein

detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant not exposed to a saline stress, or detecting a level of expression that is less than about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to a saline stress, indicates the test plant has been exposed to a saline stress, or wherein

detecting a level of expression that is less than about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant not exposed to a saline stress, or detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to a saline stress, indicates the test plant has not been exposed to a saline stress.

Claim 36

A method for determining whether a test plant has been exposed to an osmotic stress, the method comprising

  • detecting a level of expression of at least one polynucleotide comprising a nucleotide sequence as set forth in SEQ ID NOS:2428-2585 in cells of the test plant, wherein

detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant not exposed to an osmotic stress, or detecting a level of expression that is less than about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to an osmotic stress, indicates the test plant has been exposed to a osmotic stress, or wherein

detecting a level of expression that is less than about two-fold different from level of expression of the at least one polynucleotide in cells of a plant not exposed to an osmotic stress, or detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to an osmotic stress, indicates the test plant has not been exposed to a osmotic stress.

Claim 37

A method for determining whether a test plant has been exposed to a cold stress and an osmotic stress, the method comprising

  • detecting a level of expression of at least one polynucleotide comprising a nucleotide sequence as set forth in SEQ ID NOS:1699-1969 in cells of the test plant, wherein

detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant not exposed to a cold stress and an osmotic stress, or detecting a level of expression that is less than about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to a cold stress and an osmotic stress, indicates the test plant has been exposed to a cold stress and an osmotic stress, or wherein

detecting a level of expression that is less than about two-fold different from as a level of expression of the at least one polynucleotide in cells of a plant not exposed to a cold stress and an osmotic stress, or detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to a cold stress and an osmotic stress, indicates the test plant has not been exposed to a cold stress and an osmotic stress.

Claim 38

A method for determining whether a test plant has been exposed to a cold stress and a saline stress, the method comprising

  • detecting a level of expression of at least one polynucleotide comprising a nucleotide sequence as set forth in SEQ ID NOS:1970-2226 in cells of the test plant, wherein

detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant not exposed to a cold stress and a saline stress, or detecting a level of expression that is less than about two-fold different from as a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to a cold stress and a saline stress, indicates the test plant has been exposed to a cold stress and a saline stress, or wherein

detecting a level of expression that is less than about two-fold different from as a level of expression of the at least one polynucleotide in cells of a plant not exposed to a cold stress and a saline stress, or detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to a cold stress and a saline stress, indicates the test plant has not been exposed to a cold stress and a saline stress.

Claim 39

A method for determining whether a test plant has been exposed to a saline stress and an osmotic stress, the method comprising

  • detecting a level of expression of at least one polynucleotide comprising a nucleotide sequence as set forth in SEQ ID NOS:2586-2703 in cells of the test plant, wherein

detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant not exposed to a saline stress and an osmotic stress, or detecting a level of expression that is less than about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to a saline stress and an osmotic stress, indicates the test plant has been exposed to a saline stress and an osmotic stress, or wherein

detecting a level of expression that is less than about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant not exposed to a saline stress and an osmotic stress, or detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to saline stress and an osmotic stress, indicates the test plant has not been exposed to a saline stress and an osmotic stress.

Claim 40

A method for determining whether a test plant has been exposed to a cold stress, the method comprising

  • detecting a level of expression of at least one polynucleotide comprising a nucleotide sequence as set forth SEQ ID NOS:1-155, 157-229, 230-232, 234-557, 559-572, 574-605, 607-634, 636-634, 636-786, 788812, and 814-1261 in cells of the test plant, wherein

detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant not exposed to a cold stress, or detecting a level of expression that is less than about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to a cold stress, indicates the test plant has been exposed to a cold stress, or wherein

detecting a level of expression that is less than about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant not exposed to a cold stress, or detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to a cold stress, indicates the test plant has not been exposed to a cold stress.

Claim 41

A method for determining whether a test plant has been exposed to a cold stress, a saline stress and an osmotic stress, the method comprising

  • detecting a level of expression of at least one polynucleotide comprising a nucleotide sequence as set forth in SEQ ID NOS:1262-1698 in cells of the test plant, wherein

detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant not exposed to a cold stress, a saline stress and an osmotic stress, or detecting a level of expression that is less than about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to a cold stress, a saline stress and an osmotic stress, indicates the test plant has been exposed to a cold stress, a saline stress and an osmotic stress, or wherein

detecting a level of expression that is less than about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant not exposed to a cold stress, a saline stress and an osmotic stress, or detecting a level of expression that is at least about two-fold different from a level of expression of the at least one polynucleotide in cells of a plant known to be exposed to a cold stress, a saline stress and an osmotic stress, indicates the test plant has not been exposed to a cold stress, a saline stress and an osmotic stress.

Claim 42

A method of producing a transgenic plant comprising plant cells that exhibit altered responsiveness to at least one stress condition, the method comprising

  • introducing a polynucleotide portion of a plant stress-regulated gene into a plant cell genome, wherein the polynucleotide portion of the stress-regulated gene does not comprise a nucleotide sequence as set forth in any of SEQ ID NOS:156, 229, 233, 558, 573, 606, 635, 787, 813, 1263, 1386, 1391, 1405, 1445, 1484, 1589, 1609, 1634, 1726, 1866, 1918 or 1928, whereby the polynucleotide portion of the plant stress-regulated gene modulates a response of the plant cells to at least one stress condition, thereby producing a transgenic plant comprising plant cells that exhibit altered responsiveness to the stress condition.

Claim 46

A method of producing a transgenic plant comprising plant cells that exhibit altered responsiveness to a combination of at least two stress conditions, the method comprising

  • introducing a polynucleotide portion of a plant stress-regulated gene into a plant cell genome, whereby the polynucleotide portion of the plant stress-regulated gene modulates a response of the plant cells to a combination of at least two stress conditions, thereby producing a transgenic plant comprising plant cells that exhibit altered responsiveness to the stress conditions.

Claim 85

A method of selecting a plant having an altered resistance to an abiotic stress condition or a combination of abiotic stress conditions, the method comprising:

a) contacting nucleic acid molecules representative of expressed polynucleotides in a plant cell of a plant to be examined for having an altered resistance to an abiotic stress with a nucleic acid probes that selectively hybridizes under stringent conditions to a plant stress-regulated gene comprising a nucleotide sequence as set forth in any of SEQ ID NO:1-5379;

b) detecting a level of selective hybridization of the nucleic acid probes to a nucleic acid molecule representative of an expressed polynucleotide in the plant cell, wherein the level of selective hybridization corresponds to the level of the expressed polynucleotide in the plant cell, which is indicative of resistance of the plant to an abiotic stress; and

c) selecting a plant having a level of expression of a polynucleotide indicative of altered resistance to an abiotic stress condition.

Claim 96

A method of modulating the responsiveness of a plant cell to a stress condition, the method comprising

  • introducing a polynucleotide portion of a plant stress-regulated gene into the plant cell, wherein said gene comprises a nucleotide sequence of a polynucleotide as set forth in any of SEQ ID NOS:1-155, 157-228, 230-232, 234-557, 559-572, 574-605, 607-634, 636-786, 788-812, 814-1262, 1264-1386, 1387-1390, 1392-1404, 1406-1444, 1446-1483, 1485-1588, 1590-1608, 1610-1633, 1634-1725, 1727-1865, 1867-1917, 1919-1927, 1929-2855, 2857-2928, 2930-2932, 2934-3256, 3258-3271, 3273-3304, 3306-3323, 3325-3333, 3335-3485, 3487-3511, 3313-3956, 3958-4078, 4080-4097, 4099-4136, 4138-4175, 4177-4279, 4281-4299, 4301-4324, 4326-4414, 4416-4552, 4554-4602, and 4604-5379, thereby modulating the responsiveness of the plant cell to a stress condition.
Claim 117

A method of expressing a heterologous nucleotide sequence in a plant cell, the method comprising

  • introducing into the plant cell a plant stress-regulated regulatory element operatively linked to the heterologous nucleotide sequence, wherein said regulatory element comprises a nucleotide sequence as set forth in any of SEQ ID NOS:2704-2855, 2857-2928, 2930-2932, 2934-3256, 3258-3271, 3273-3304, 3306-3323, 3325-3333, 3335-3485, 3487-3511, 3313-3956, 3958-4078, 4080-4097, 4099-4136, 4138-4175, 4177-4279, 4281-4299, 4301-4324, 4326-4414, 4416-4552, 4554-4602, and 4604-5379, whereby, upon exposure of the plant cell to stress condition, the heterologous nucleotide sequence is expressed in the plant cell.
Claim 121

A method of modulating the activity of a biological pathway in a plant cell involving a plant stress-regulated polypeptide, the method comprising

  • introducing a polynucleotide portion of a plant stress-regulated gene into the plant cell, wherein the plant stress-regulated gene comprises a nucleotide sequence as set forth in any of SEQ ID NOS:1-155, 157-228, 230-232, 234-557, 559-572, 574-605, 607-634, 636-786, 788-812, 814-1262, 1264-1386, 1387-1390, 1392-1404, 1406-1444, 1446-1483, 1485-1588, 1590-1608, 1610-1633, 1634-1725, 1727-1865,1867-1917, 1919-1927, 1929-2855, 2857-2928, 2930-2932, 2934-3256, 3258-3271, 3273-3304, 3306-3323, 3325-3333, 3335-3485, 3487-3511, 3313-3956, 3958-4078, 4080-4097, 4099-4136, 4138-4175, 4177-4279, 4281-4299, 4301-4324, 4326-4414, 4416-4552, 4554-4602, and 4604-5379, thereby modulating the activity of the biological pathway.
Claim 124

A method of identifying a polynucleotide that modulates a stress response in a plant cell, the methods comprising:

a) contacting an array of probes representative of a plant cell genome and nucleic acid molecules expressed in plant cell exposed to the stress;

b) detecting a nucleic acid molecule that is expressed at a level different from a level of expression in the absence of the stress;

c) introducing the nucleic acid molecule of step b) into a plant cell; and

d) detecting a modulated response of the plant cell of step c) to a stress, thereby identifying a polynucleotide that modulates a stress response in a plant cell.

Claim 129

A transgenic plant, which contains a transgene comprising a polynucleotide portion of plant stress-regulated gene, wherein the gene comprises

  • a nucleotide sequence as set forth in any of SEQ ID NOS:1-155, 157-228, 230-232, 234-SS7, 559-572, 574-605, 607-634, 636-786, 788-812, 814-1262, 1264-1386, 1387-1390, 1392-1404, 1406-1444, 1446-1483, 1485-1588, 1590-1608, 1610-1633, 1634-1725, 1727-1865, 1867-1917, 1919-1927, 1929-2855, 2857-2928, 2930-2932, 2934-3256, 3258-3271, 3273-3304, 3306-3323, 3325-3333, 3335-3485, 3487-3511, 3313-3956, 3958-4078, 4080-4097, 4099-4136, 4138-4175, 4177-4279, 4281-4299, 4301-4324, 4326-4414, 4416-4552, 4554-4602, and 4604-5379.
Claim 144

A plant stress-regulated gene regulatory element, wherein the gene comprises

  • a nucleotide sequence as set forth in any of SEQ ID NOS:1-155, 157228, 230-232, 234-557, 559-572, 574-605, 607-634, 636-786, 788-812, 814-1262, 1264-1386, 1387-1390, 1392-1404, 1406-1444, 1446-1483, 1485-1588, 1590-1608, 1610-1633, 1634-1725, 1727-1865, 1867-1917, 1919-1927, 1929-2855, 2857-2928, 2930-2932, 2934-3256, 3258-3271, 3273-3304, 3306-3323, 3325-3333, 3335-3485, 3487-3511, 3313-3956, 3958-4078, 4080-4097, 4099-4136, 4138-4175, 4177-4279, 4281-4299, 4301-4324, 4326-4414, 4416-4552, 4554-4602, and 4604-5379.
Claim 156

A method for identifying a polynucleotide involved in a stress response of a plant, the method comprising:

a) contacting nucleic acid molecules representative of expressed polynucleotides in plant cells of a plant exposed to a stress condition or combination of stress conditions with an array of probes representative of the plant cell genome; and

b) detecting a nucleic acid molecule that exhibits at least a two-fold change in the level of expression as compared to the level of the nucleic acid molecule in a corresponding plant cell of a plant that was not exposed to the stress condition, thereby identifying a polynucleotide involved in a stress response of the plant.

Claim 159

A computer readable medium having stored thereon computer executable instructions for performing a method comprising:

a) receiving data on expression in a cell of a plant of a nucleic acid molecule having at least 70% sequence identity to a nucleotide sequence comprising any of SEQ ID NO. 1-5379; and

b) comparing the data on expression of the nucleic acid molecule with data on expression of the nucleic acid in a cell of a plant that has not been exposed to an abiotic stress, of a plant that has been exposed to an abiotic stress condition or combination of abiotic stress conditions, or of a combination of such plants.

Claim 161

A computer-readable medium having stored thereon a data structure comprising:

  • sequence data for at least one nucleic acid molecule having at least 70% nucleic acid sequence identity to a polynucleotide having a nucleotide sequence as set forth in any of SEQ ID NO. 1-5379 or a nucleotide sequence complementary thereto; and
  • a module receiving the nucleic acid molecule sequence data, which compares the nucleic acid molecule sequence data to a least one other nucleic acid sequence.

The claims are generally drawn towards:

  • a method of identifying a stress condition to which a plant cell has been exposed (claim 1)
  • a method for determining whether a test plant has been exposed to an abiotic stress (claim 18; 22, 34 and 40: cold stress; 23 and 35: saline stress; 24 and 36: osmotic stress)
  • a method for determining whether a test plant has been exposed to a combination of abiotic stress conditions (claim 25; 30 and 37: cold and osmotic stress; 31 and 38: cold and saline stress; 32 and 39: osmotic and saline stress; 33 and 41: cold, saline and osmotic stress)
  • a method of producing a transgenic plant that exhibit altered responsiveness to at least one stress condition (claim 42)
  • a method of producing a transgenic plant that exhibit altered responsiveness to at least two stress conditions (claim 46)
  • a method for monitoring a population of plants for exposure to a stress condition or a combination of stress conditions (claim 68)
  • a method of selecting a plant having an altered resistance to an abiotic stress condition or a combination of abiotic stress conditions (claim 85)
  • a method of modulating the responsiveness of a plant cell to a stress condition (claim 96)
  • a method of expressing a heterologous nucleotide sequence in a plant cell (claim 117)
  • a method of modulating the activity of a biological pathway in a plant cell involving a plant stress-regulated polypeptide (claim 121)
  • a method of identifying a polynucleotide that modulates a stress response in a plant cell (claim 124)
  • a transgenic plant containing a transgene comprising a polynucleotide portion of plant stress-regulated gene (claim 129)
  • a plant stress-regulated gene regulatory element (claim 144)
  • a method for identifying a polynucleotide involved in a stress response of a plant (claim 156)
  • a computor readable medium having stored executable instructions for comparing data on expression in a cell of a plant (claim 159)
  • a computor readable medium having stored a data structure comprising sequence data and a module (claim 161)

Definitions extracted from the specification are provided in CA 2420555.

Comments:

Since this is a published application and not a granted patent, there are no enforceable rights.

Dependent claims 146-151 are generally drawn towards a method to identify agents by use of bioreporter systems as follows:

  • a method to identify an agent that modulates the activity of the plant stress-regulated regulatory element (claim 146),
  • where the regulatory element may be linked to a heterologous nucleotide sequence (claim 147),
  • where the heterologous nucleotide sequence may encode for a reporter molecule (claim 148),
  • and the regulatory element/reporter system is in a plant (in vivo, in situ) or in vitro (claim 149),
  • where the plant (in claim 149) is a transgenic plant containing the regulatory element/reporter gene (claim 150),
  • that detects a stress mimicing agent (claim 151).
Remarks
  1. National phase entry of WO 2002/16655 in Australia (AU 2001/86811) is pending.
  2. National phase entry of WO 2002/16655 in Europe (EP 1313867) is deemed to be withdrawn on 26 Apr 2006.

Search strategy

Search details

Date of search

11/05/2006

Database searched

Patent Lens

Type of search

Expert, stemming off

Collections searched

AU-B, US-A, US-B, EP-B, WO

Search terms

(sentinel near/5 plant) or (sentinel near/5 organism)

Results

9

Comments

Of the 9 results identified using these search terms, 6 results were identified as being of particular interest based on their abstracts and a review of their claims.

Patent applications filed by Syngenta Participations AG

Technology overview

A research team lead by Dr Jeffrey F. Harper at the Torrey Mesa Research Institute, Syngenta, used GeneChip microarray to conduct global expression profiling of Arabidopsis thaliana subjected to cold, saline, and osmotic stress (journal publication related to this technology is Kreps et al. (2002).  Transcriptome changes for Arabidopsis in response to salt, osmotic, and cold stress.  Plant Physiol. 130(4):2129-41).  Identified genes and their regulatory elements, and methods of their use were subsequently claimed in the PCT application introduced in this section.  The national phase entry of WO 2003/008540 in the US (US 2006/075523) claims for stress-responsive polypeptides and corresponding polynucleotides, but not for the associated regulatory elements that may be used as promoters in a bioindicator system.  Therefore the US patent application may not be relevant to the scope of this technology landscape.

Details of patent documents

Patent or Publication no.

Title, Independent Claims and Summary

Assignee and licensing information

US 2006/075523

  • Earliest priority - 22 Jun 2001
  • Filed - 14 Sept 2005
  • Application pending
  • Expected expiry - not applicable

Title - Abiotic stress responsive polynucleotides and polypeptides

NOTE: THIS APPLICATION DOES NOT CLAIM ANY REGULATORY ELEMENTS THAT MAY ACT AS STRESS-INDUCIBLE PROMOTERS NOR REPORTER ELEMENTS THAT MAY BE LINKED TO SUCH PROMOTER SEQUENCES. THEREFORE THIS PATENT APPLICATION IS OUT OF THE SCOPE OF THIS LANDSCAPE.

Claim 1

An isolated nucleic acid molecule comprising a polynucleotide selected from the group consisting of:

a) any one of the nucleotide sequences selected from the group consisting of SEQ ID NOs. 1-4;

b) a functional portion of any of the sequences of a);

c) a polynucleotide that is substantially similar to a sequence of a) or b);

d) a sequence of at least 15 nucletides that hybridizes under stringent conditions to a polynucleotide of a), b) or c);

e) the complement of any sequence of a), b), c) or d);

f) the reverse complement of any sequence of a), b), c) or d);

g) a polynucleotide encoding any polypeptide selected from the group consisting of SEQ ID NOs. 5-8; and

h) an allelic variant of any of the above.

Claim 26

An isolated polypeptide comprising:

a) any one of the amino acid sequences selected from the group consisting of SEQ ID NOs. 5-8;

b) a functional portion of a);

c) an amino acid sequence substantially similar to any sequence of a) or b);

d) an amino acid sequence of a)-c) wherein there has been at least one conservative amino acid substitution;

e) an allelic variant of any of a)-d).

Claim 27

A method for altering the tolerance of a plant to an abiotic stress comprising

  • introducing into said plant a recombinant nucleic acid construct comprising at least one of the polynucleotides selected from the group consisting of SEQ ID NOs. 1-4.
Claim 28

A method for altering the tolerance of a plant to an abiotic stress comprising

  • introducing into said plant a recombinant nucleic acid construct comprising a polynucleotide of at least 15 nucleotides in length that hybridizes under high stringency conditions to the complement of a sequence selected from the group consisting of SEQ ID NOs. 1-4.
Claim 30

A method for altering the tolerance of a plant to an abiotic stress comprising

  • introducing into said plant a recombinant nucleic acid construct, wherein

said construct encodes a molecule which alters expression of an abiotic stress regulated coding region selected from the group consisting of SEQ ID NOs. 1-4, or the complement thereof.

Claim 34

A method for selecting an agent that alters abiotic stress regulated polynucleotide expression in a plant cell comprising:

  • contacting at least one plant cell with a test agent;
  • subjecting said plant cell to an abiotic stress before, during or after contacting said plant cell with said test agent;
  • obtaining an expression profile of said plant cell wherein said expression profile comprises expression data for at least one abiotic stress regulated sequence selected from the group consisting of SEQ ID NOs. 1-4.;
  • comparing the expression profile of said cell to the expression profile obtained from at least one plant cell not exposed to said agent, but exposed to said abiotic stress;
  • selecting said agent if said agent alters expression of said abiotic stress regulated sequence.

The claims are generally drawn towards:

  • an isolated nucleic acid molecule comprising a polynucleotide (claim 1)
  • an isolated polypeptide (claim 26)
  • a method for altering the tolerance of a plant to an abiotic stress (claim 27, 28, 30)
  • a method for selecting an agent that alters abiotic stress regulated polynucleotide expression in a plant cell (claim 34)

Definitions extracted from the description are:

  • SEQ ID NOs. 1-4 - nucleotide sequence(s) containing a coding region for abiotic stress responsive polypeptide(s)
  • SEQ ID NOs. 5-8 - encoded polypeptide sequence(s) of SEQ ID NOs. 1-4
  • Functional portion - a contiguous nucleotide sequence of the plant stress-regulated sequence that provides a function within a plant or plant cell
  • Substantially similar (nucleotide sequence) - a nucleotide sequence corresponding to a reference nucleotide sequence, wherein the corresponding sequence encodes a polypeptide having substantially the same structure and function as the polypeptide encoded by the reference nucleotide sequence, e.g., where only changes in amino acids not affecting the polypeptide function occur

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

SEQ ID information from NCBI:

Based on the nucleotide-nucleotide BLAST search the four polynucleotide SEQ IDs were identified as

  • SEQ ID NO:1 - RNA polymerase B transcription factor 3 (BFT3); NCBI accession no. AY224525
  • SEQ ID NO:2 - Unknown protein, amino acid search for SEQ ID NO:6 identified as containing the heavy metal associated domain (HMA); NCBI accession no. NP918616
  • SEQ ID NO:3 - Adenosine kinase-like protein; NCBI accession no. AY224510
  • SEQ ID NO:4 - Putative farnesyltransferase (FT; amino acid search for SEQ ID NO:8 identified as the beta subunit of FT); NCBI accession no. NM191123

Syngenta Participations AG

SCHWARZWALDALLEE 215
CH-4058 BASEL, SWITZERLAND

WO 2003/008540

  • Earliest priority - 22 Jun 2001
  • Filed - 21 Jun 2002
  • Published - 30 Jan 2003
  • Expected expiry - not applicable

Title - Abiotic stress responsive polynucleotides and polypeptides

Claim 1

An isolated nucleic acid molecule comprising a polynucleotide selected from the group consisting of:

a) any one of the nucleotide sequences selected from the group consisting of SEQ ID NOs. 1-4131, 8263-8353, 8445-8829 and 17505-17506;
b) a functional portion of any of the sequences of a);
c) a polynucleotide that is substantially similar to a sequence of a) or b);
d) a sequence of at least 15 nucletides that hybridizes under stringent conditions to a polynucleotide of a), b) or c);
e) the complement of any sequence of a), b), c) or d);
f) the reverse complement of any sequence of a), b), c) or d);
g) a polynucleotide encoding any polypeptide selected from the group consisting of SEQ ID NOs. 4132-8262, 8354-8444, and 8830-9214; and
h) an allelic variant of any of the above.

Claim 26

An isolated polypeptide comprising:

a) any one of the amino acid sequences selected from the group consisting of SEQ ID NOs. 4132-8262, 8354-8444, and 8830-9214;
b) a functional portion of a);
c) an amino acid sequence to any sequence of a) or b);
d) an amino acid sequence of a)-c) wherein there has been at least one conservative amino acid substitution;
e) an allelic variant of any of a)-d).

Claim 34

A method for determining whether a test plant has been exposed to at least one abiotic stress condition comprising,

  • determining expression of a plurality of polynucleotides selected from the group consisting of SEQ ID NOs. 1-4131, 8263-8353, 8445-8829 and 17505-17506 in said test plant to produce an expression profile, and
  • comparing said expression profile of said test plant to an expression profile for the same plurality of polynucleotides in a reference plant exposed to at least one abiotic stress.
Claim 48

A method for altering the tolerance of a plant to an abiotic stress comprising

  • introducing into said plant a recombinant nucleic acid construct comprising at least one of the polynucleotides selected from the group consisting of SEQ lD NOs. 1-4131, 8263-8353, 8445-8829, and 11374-17506.
CLaim 49

A method for altering the tolerance of a plant to an abiotic stress comprising

  • introducing into said plant a recombinant nucleic acid construct comprising a polynucleotide of at least 15 nucleotides in length that hybridizes under high stringency conditions to the complement of a sequence selected from the group consisting of SEQ ID NOs. 1-4131, 8263-8353, 8445-8829, and 17505-17506.
Claim 51

A method for altering the tolerance of a plant to an abiotic stress comprising

  • introducing into said plant a recombinant nucleic acid construct, wherein said construct encodes a molecule which alters expression of an abiotic stress regulated coding region selected from the group consisting of SEQ ID NOs. 1-4131, 8263-8353, 8445-8829, and 17505-17506, or the complement thereof.
Claim 55

A method for selecting an agent that alters abiotic stress regulated polynucleotide expression in a plant cell comprising:

  • contacting at least one plant cell with a test agent;
  • subjecting said plant cell to an abiotic stress before, during or after contacting said plant cell with said test agent;
  • obtaining an expression profile of said plant cell wherein said expression profile comprises expression data for at least one abiotic stress regulated sequence selected from the group consisting of SEQ ID NOs. 1-4131, 8263-8353, 8445-8829, and 17505-17506.;
  • comparing the expression profile of said cell to the expression profile obtained from at least one plant cell not exposed to said agent, but exposed to said abiotic stress;
  • selecting said agent if said agent alters expression of said abiotic stress regulated sequence.
Claim 61

A computer readable medium having stored thereon computer executable instructions for performing a method comprising,

  • receiving data on expression in a test plant of at least one polynucleotide having at least 70% sequence identity to a nucleotide sequence selected from the group consisting of SEQ ID NOs. 1-4131, 8263-8353, 8445-8829, and 17505-17506, or the complement thereof and
  • comparing expression data from said test plant to expressin data for the same at least one nucleic acid molecule in a plant which has been exposed to at least one abiotic stress.
Claim 62

A computer-readable medium having stored thereon a data structure comprising,

  • sequence data for at least one polynucleotide having at least 70% nucleic acid sequence identity to a polynucleotide selected from the group consisting of SEQ ID NOs. 1-4131, 8263-8353, 8445-8829, and 17505-17506, or the complement thereof; and
  • a module receiving the nucleic acid molecule sequence data which compares the nucleic acid molecule sequence data to at least one other nucleic acid sequence.
Claim 65

A method for identifying a homolog or ortholog to an abiotic stress responsive polynucleotide comprising:

a) determining the nucleotide sequence of a plurality of isolated polynucleotides to create a set of nucleotide sequences;
b) translating the nucleotide sequences in the set to derive one or more putative amino acid sequences, based on one or more of the possible reading frames of the nucleotide sequences and their complementary sequences;
c) selecting an amino acid sequence of an abiotic stress-responsive protein and comparing the amino acid sequence of the abiotic stress-responsive protein with at least one of the putative amino acid sequences;
d) identifying putative amino acid sequences having homology with at least a region of the amino acid sequence of the abiotic stress-responsive protein; and
e) correlating putative amino acid sequences having said homology to translated nucleotide sequences of b).

Claim 68

A method for altering the expression of a polynucleotide in response to an abiotic stress comprising

  • operably linking said polynucleotide to a regulatory region selected from the group consisting of SEQ ID NOs. 13374-17504.

The claims are generally drawn towards:

  • an isolated nucleic acid molecule comprising a polynucleotide containing a coding region for an abiotic stress responsive polypeptide (claim 1)
  • an isolated polypeptide comprising a stress-regulated polypeptide (claim 26)
  • a method for determining whether a test plant has been exposed to at least one abiotic stress condition (claim 34)
  • a method for altering the tolerance of a plant to an abiotic stress (claim 48, 49, 51)
  • a method for selecting an agent that alters abiotic stress regulated polynucleotide expression in a plant cell (claim 55)
  • a computer readable medium having stored thereon computer executable instructions for receiving and comparing expression data (claim 61)
  • a computer-readable medium having stored thereon a data structure comprising sequence data and a module (claim 62)
  • a method for identifying a homolog or ortholog to an abiotic stress responsive polynucleotide (claim 65)
  • a method for altering the expression of a polynucleotide in response to an abiotic stress (claim 68)

Definitions extracted from the description are:

  • SEQ ID NOs. 1-4131, 8263-8353, 8445-8829 and 17505-17506 - nucleotide sequence(s) containing a coding region for an abiotic stress responsive polypeptide
  • SEQ ID NOs. 4132-8262, 8354-8444, and 8830-9214 - amino acid (polypeptide) sequences of abiotic stress responsive polypeptides
  • SEQ ID NOs. 13374-17504 - nucleotide sequences comprising regulatory elements of nucleotide sequence(s) coding for abiotic stress responsive polypeptides
  • Isolated nucleic acid - nucleic acid sequence that is free of one or both of the nucleotide sequences which flank the polynucleotide in the naturally-occurring genome of the organism from which the polynucleotide is derived
  • Abiotic stress condition - exposure of a plant, plant cell, or the like, to a non-living ("abiotic") physical or chemical agent or condition that has an adverse effect on metabolism, growth, development, propagation and/or survival of the plant (collectively "growth")
  • Substantially similar (nucleotide sequence) - a nucleotide sequence corresponding to a reference nucleotide sequence, wherein the corresponding sequence encodes a polypeptide having substantially the same structure and function as the polypeptide encoded by the reference nucleotide sequence, e.g., where only changes in amino acids not affecting the polypeptide function occur. Specific hybridization conditions for this term is provided in the specification.
  • Substantially similar (polypeptide) - an amino acid sequence relative to a reference (query) sequence shares at least about 65% amino acid sequence identity, at least about 75% amino acid sequence identity, at least about 85%, at least about 90% , or at least about 95% or greater amino acid sequence identity
  • Regulatory region - a nucleotide sequence that, when operatively linked to a coding region, effects transcription of the coding region such that a ribonucleic acid (RNA) molecule is transcribed from the coding region
  • Operably link(ed) - the regulatory element is positioned with respect to a second nucleotide sequence such that the regulatory element effects transcription or transcription and translation of the nucleotide sequence in substantially the same manner, but not necessarily to the same extent, as it does when the regulatory element is present in its natural position in a genome
  • Coding region - include(s) a nucleotide sequence of a genomic DNA or a cDNA molecule comprising all or part of a coding region of the coding strand
  • Stringent conditions - hybridizes (to the reference nucleotide sequence) in 7% sodium dodecyl sulfate (SDS), 0.5 M NaPO4, I mM EDTA at 50˚C with washing in 2X SSC, 0.1% SDS at 50˚C; in 7% sodium dodecyl sulfate (SDS), 0.5 M NaPO4, 1 mM EDTA at 50˚C with washing in lx SSC, 0.1% SDS at 50˚C
  • Highly stringent conditions - hybridizes (to the reference nucleotide sequence) in 7% sodium dodecyl sulfate (SDS), 0.5 M NaPO4, 1 mM EDTA at 50˚C with washing in 0.5X SSC, 0.1% SDS at 50˚C (high stringency)
  • Recombinant (nulceic acid) - one produced by human intervention in the nucleotide sequence, typically selection or production

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

Scope of independent claim 68 includes bioreporter systems, where the regulatory region of SEQ ID NOs. 13374-17504 may be linked to a polynucleotide coding for a reporter gene, e.g. chloramphenicol acetyl transferase (CAT), beta-glucuronidase (GUS), green fluorescent protein (GFP), beta-galactosidase (beta-GAL), luciferase.

Remarks

National phase entry of WO 2003/008540 in Europe (EP 1402042) is pending.

Search strategy

Search details

Date of search

11/05/2006

Database searched

Patent Lens

Type of search

Expert, stemming on

Collections searched

AU-B, US-A, US-B, EP-B, WO

Search terms

(sentinel near/5 plant) or (sentinel near/5 organism)

Results

9

Comments

Of the 9 results identified using these search terms, 6 results were identified as being of particular interest based on their abstracts and a review of their claims.

Detection of metal and other toxic compounds - Summary

The continuing increase in public concern on environmental pollution from industrial and agricultural sources has encouraged scientists to explore cost and time-effective alternatives to current chemistry-based methods in detecting pollutants.  Many of the up-to-date research in this field have mainly been focusing on heavy metal (mercury, cadmium, zinc, copper etc.), and fewer on organic compounds, where microorganisms are transformed with pollutant-inducible promoters linked to reporter genes that can be easily detected by change in colour or luminescence (Kohler (2000).  Reporter gene assays in environmental analysis.  Fresenius J Anal Chem. 366:769-779).[add a comment]

This chapter introduces patent documents that contain claims towards detection of metal and toxic compounds by use of transgenic organisms.  The following table lists the representative patent document, assignee, detecting substance, regulatory element and reporter gene, and host organism where applicable:[add a comment]

Patent document

Assignee

Detecting substance

regulatory element

reporter gene

host organism

WO 1992/15687

VITO

metal and xenobiotic compounds

Alcaligenes eutrophus

- derived promoters

luxCDABE

not specified

WO 1997/41251

VITO

genotoxic compounds

SOS regulated promoters

reporter that emits light

not specified

EP 649905

Toyota Central R&D Lab.

mutagenic substances

SOS gene

(bacterial) luciferase

not specified

US 2006/8837

U. Tennessee

estrogenic agent

estrogen response element

luxAB Saccharomyces cerevisiae

US 7090992

U. Tennessee

estrogenic agent

not specified

lux

a collection of eukaryotic cells

US 6740521

Kaneka Corp, NIAIST

chemicals or natural toxins which disrupt or disturb homeostasis in organisms

hsp47 and SP1

reporter with SV40pA

not specified

US 2001/034039

Lee & Kim

toxic substances

none

luxAB

(constitutive expression)

Janthinobacterium lividum

US 5877398

University of British Columbia

toxin

hsp16

promoter

lacZ Caenorhabditis elegans

WO 1999/009202

Mangiarotti & Mangiarotti

toxic substances

not specified

not specified

Dictyostelium sp.

WO 2000/49150

University of Singapore

steroid hormone or a steroid hormone derivative

heavy metals

estrogen- or other steroid hormone-inducible promoter

heavy metal-inducible promoter

(gene coding for a) fluorescent or chemiluminescent protein

zebrafish

WO 1994/13831

E.I. du Pont de Nemours and Co.

environmental insult

stress-inducible promoter

luxCDABE

not specified (or E. coli for US and CA granted patents)

WO 1995/19446

Virta and Karp

(heavy) metal

promoter regulatable by a heavy metal

insect luciferase or a green fluorescent protein (GFP)

not specified

WO 1990/12887

Bio-Orbit Oy

factor that affects directly or indirectly the DNA, RNA and/or proteins of the cell or the synthesis mechanisms

regulatable promoter

not specified

not specified

WO 2003/102223

EAWAG/UFZ

inorganic and organic pollutants

regulatory protein with at least two binding sites

not specified

not specified

There are other patent documents containing examples of transgenic bioreporter organisms that detect heavy metals and other toxic compounds, most of which are introduced in chapter 7: Biosensing systems due to the claim language of the patent documents (claims are not limited to metal or toxic compound detection).[add a comment]

Patent applications filed and patents owned by VITO

Technology overview

VITO (Vlaamse instelling voor technologisch onderzoek, Flemish Institute for Technological Research) is a research organization in Belgium with a focus on contract research in the fields of energy, environment and materials technology.  The patent family described below by VITO discloses a fused gene that contains an inducible promoter in the presence of metals and/or xenobiotic compounds, and a luxCDABE operon as the reporter gene.  Processes for producing transgenic Escherichia coli containing the fused gene are also claimed.  Dr Philippe Corbisier and co-researchers used pMOL28 and pMOL30 (megaplasmids from Alcaligenes eutrophus CH34 that confer resistance to several heavy metals) to isolate metal-indicuble promoters, fuse them to luxCDABE and introduced the gene fusion into E. coli.  Other E. coli biosensors specific for chromium, nickel, copper and biphenyl detection were created via conjugation of luxCDABE-containing E. coli with particular A. eutrophus strains (SV661 for chromium, AE453 for nickel, DS185 or DS310 for copper, and A5 for biphenyl).  PCT application WO 1992/15687 is cited in a review by van der Lelie et al. (1994).  The use of biosensors for environmental monitoring.  Res. Microbiol. 145(1):67-74, and granted US patent US 5786162 is cited in a review by Kohler et al. (2000).  Reporter gene bioassays in environmental analysis. Fresenius J. Anal. Chem. 366(6-7):769-79.

Details of patent documents

Patent or Publication no.

Title, Independent Claims and Summary

Assignee and licensing information

CA 2105172
  • Earliest priority - 1 Mar 1991
  • Filed - 28 Feb 1992
  • Granted - 15 Oct 2002
  • Expected expiry - 28 Feb 2012

Title - Fused genes and their use for determining the presence of metals or of xenobiotic compounds

Claim 1

A fused gene comprising

a promoter sequence derived from a gene of Alcaligenes eutrophus strain CH34, SV661, DS185, AE453, or A5, said gene being a regulatory gene involved in the expression of either the resistance to one or several metals or the catabolism of one or several xenobiotic compounds, said promoter from said regulatory gene being an inducible promoter and is inducible in the presence of said metals or xenobiotic compounds, or both, and

downstream of the promoter, a five gene lux (CDABE) operon said genes coding for subunit .alpha. and .beta. of luciferase, a fatty acid reductase, an acyltransferase and an acylprotein synthase, said operon being under the operational control of said promoter, wherein at least one of said genes produces a detectable signal.

Claim 17

A process for preparing a bacterial cellular host wherein said bacterial cellular host emits light in the presence of zinc with a detection limit of 1 ppm and dynamic ravage between 1 and 23 ppm zinc comprising the steps of:

(a) digesting with SalI a plasmid pBR325 comprising a czc fragment of plasmid pMOL30 from Alcaligenes eutrophus strain CH34 and surrounding EcoRI fragment to obtain a promoter and a gene encoding resistance to zinc;
(b) inserting said promoter and said gene encoding resistance to zinc of step
(a) into a plasmid pUCD615 (in E. coli CM600 deposited at the C.N.C.M., Institut Pasteur, rue du Docteur Roux, 75015 Paris, on Feb. 28, 1991, under No. I-1050), at its multiple cloning site, and comprising the lux operon of Vibrio fischeri, to obtain a replicable plasmid;
(c) transforming the replicable plasmid of (b) in E. coli;
(d) selecting the inserted plasmid on ampicillin plates with various concentrations of zinc; and
(e) detecting the light producing E. coli in the presence of zinc.

Claim 18

A process for preparing a bacterial cellular host wherein said bacterial cellular host emits light in the presence of cobalt with a detection limit of 1 ppm and dynamic range between 1 and 23 ppm cobalt comprising the steps of:

(a) digesting with SalI a plasmid pBR325 comprising a czc fragment of plasmid pMOL30 from Alcaligenes eutrophus strain CH34 and surrounding EcoRI fragment to obtain a promoter and a gene encoding resistance to cobalt;
(b) inserting said promoter and said gene encoding resistance to cobalt of step (a) into a plasmid pUCD615 (in E. coli CM600 deposited at the C.N.C.M. Institut Pasteur, 28 rue du Docteur Roux, 75015 Paris, on Feb. 28, 1991, under No. I-1050), at its multiple cloning site, and comprising the lux operon of Vibrio fischeri, to obtain a replicable plasmid;
(c) transforming the replicable plasmid of (b) in E. coli;
(d) selecting the inserted plasmid on ampicillin plates with various concentrations of cobalt; and
(e) detecting the light producing E. coli in the presence of cobalt.

The claims are generally drawn towards:

  • a fused gene comprising an inducible promoter by metals or xenobiotic compounds, or both, and a lux (CDABE) operon (claim 1)
  • a process for preparing a bacterial cellular host that emits light in the presence of zinc (claim 17)
  • a process for preparing a bacterial cellular host that emits light in the presence of cobalt (claim 18)

Definitions extracted from the description are:

  • metal - (one designates) the transition metals, the rare earth, the elements having metallic properties in the families lila, IVa, Va and VIa of the Mendelieff table
  • (said) operon being under the operational control of (said) promoter - the promoter of the gene producing a detectable signal has been deleted
  • inducible (promoter) in the presence of said metals - there is a minimum concentration of said metal under which the promoter is not induced
  • lux (CDABE) - (in alphabetical order of the genes) genes coding for subunit alpha and beta of luciferase, a fatty acid reductase, an acyltransferase and an acylprotein synthase... can originate from Vibrio fischeri or from Vibrio harveyi or from Photobacterium phosphoreum or from Xenorhabdus luminescens

Comments:

Claim 1 recites a fused gene comprising an inducible promoter by metals or xenobiotic compounds, or both, and a lux (CDABE) operon, which can be used to transform any host organism. However, the origin of the inducible promoter is limited to those of Alcaligenes eutrophus strain CH34, SV661, DS185, AE453, or A5, which implies that a promoter that has the same property but originates from an organism other than the Alcaligenes eutrophus strains mentioned in claim 1 is not protected against use in this particular patent.

VITO

BOERETANG 200
B-2400
MOL BELGIUM

Ph + 32 14 33 55 11
Fax + 32 14 33 55 99

vito@vito.be

EP 573500 B1

EP 573500 B2

  • Earliest priority - 1 Mar 1991
  • Filed - 28 Feb 1992
  • Granted - 22 April 1998
  • Modified - 2 May 2002
  • Expected expiry - 28 Feb 2012

Title - Fused genes and their use for determining the presence of metals or of xenobiotic compounds

Claim 1

Fused gene containing:

-  a promoter sequence obtainable from (a) gene(s) of Alcaligenes eutrophus and encoding either the resistance to one or several metal(s) or the catabolism of one or several xenobiotic compound(s), said promoter being inducible in the presence of said metal(s) or xenobiotic compound(s), or both,
- and downstream of the promoter, a five gene IuxCDABE operon, said genes coding respectively for a fatty acid reductase, an acyl transferase, two subunits Q and 3 of the luciferase and an acylprotein synthase, said lux operon being under the operational control of said Alcaligenes eutrophus promoter.

Claim 15

Transconjugants forming biosensors emitting light in the presence of metals or xenobiotics characterized in that they are obtained by the conjugation of Alcaligenes eutrophus and E. coli, wherein

- Alcaligenes eutrophus contains a gene encoding the resistance to a metal or encoding the catabolism of a xenobiotic compound, and possibly a marker of the presence of the gene,
-   E. coli contains a transposon containing the luxCDABE operon of Vibrio fischeri without its own promoter and possibly a marker of the presence of said gene.

Designated contracting States at the time of grant are: Austria (AT 165394), Belgium, Switzerland, Germany (DE 69225221), Denmark (patent lapsed as reported on EPO), Spain (ES 2117665), France, United Kingdom, Greece (patent lapsed as reported on EPO), Italy, Liechtenstein, Luxembourg, Monaco (patent lapsed as reported on INPADOC), Netherlands, Sweden

The claims are generally drawn towards:

  • a fused gene containing an inducible promoter by metals or xenobiotic compounds, and a luxCDABE operon (claim 1)
  • transconjugants forming biosensors emitting light in the presence of metals or xenobiotics by the conjugation of Alcaligenes eutrophus and E. coli (claim 15)

Definitions extracted from the specification are provided in CA 2105172.

Comments:

Claim 1 of EP 573500 does not have a limit on the type of Alcaligenes eutrophus strain from which the inducible promoter is obtained.

US 5786162

  • Earliest priority - 1 Mar 1991
  • Filed - 28 Feb 1992
  • Granted - 28 Jul 1998
  • Expected expiry - 28 Jul 2015

Title - Fused genes and their use for determining the presence of metals or of xenobiotic compounds

Claim 1

A fused gene comprising

a promoter sequence derived from a gene of Alcaligenes eutrophus strain CH34, SV661, DS185, AE453, or A5, said gene being a regulatory gene involved in the expression of either the resistance to one or several metals or the catabolism of one or several xenobiotic compounds, said promoter from said regulatory gene being an inducible promoter and is inducible in the presence of said metals or xenobiotic compounds, or both, and

downstream of the promoter, a five gene lux (CDABE) operon said genes coding for subunit α and β of luciferase, a fatty acid reductase, an acyltransferase and an acylprotein synthase, said operon being under the operational control of said promoter, wherein at least one of said genes produces a detectable signal.

Claim 17

A process for preparing a bacterial cellular host wherein said bacterial cellular host emits light in the presence of zinc with a detection limit of 1 ppm and dynamic range between 1 and 23 ppm zinc comprising the steps of:

(a) digesting with SalI a plasmid pBR325 comprising a czc fragment of plasmid pMOL30 from Alcaligenes eutrophus strain CH34 and surrounding EcoRI fragment to obtain a promoter and a gene encoding resistance to zinc;

(b) inserting said promoter and said gene encoding resistance to zinc of step (a) into a plasmid pUCD615 (in E. coli CM600 deposited at the C.N.C.M., Institut Pasteur, 28 rue du Docteur Roux, 75015 Paris, on Feb. 28, 1991, under No. I-1050), at its multiple cloning site, and comprising the lux operon of Vibrio fischeri, to obtain a replicable plasmid;

(c) transforming the replicable plasmid of (b) in E. coli;

(d) selecting the inserted plasmid on ampicillin plates with various concentrations of zinc; and

(e) detecting the light producing E. coli in the presence of zinc.

Claim 18

A process for preparing a bacterial cellular host wherein said bacterial cellular host emits light in the presence of cobalt with a detection limit of 1 ppm and dynamic range between 1 and 23 ppm cobalt comprising the steps of:

(a) digesting with SalI a plasmid pBR325 comprising a czc fragment of plasmid pMOL30 from Alcaligenes eutrophus strain CH34 and surrounding EcoRI fragment to obtain a promoter and a gene encoding resistance to cobalt;
(b) inserting said promoter and said gene encoding resistance to cobalt of step (a) into a plasmid pUCD615 (in E. coli CM600 deposited at the C.N.C.M. Institut Pasteur, 28 rue du Docteur Roux, 75015 Paris, on Feb. 28, 1991, under No. I-1050), at its multiple cloning site, and comprising the lux operon of Vibrio fischeri, to obtain a replicable plasmid;
(c) transforming the replicable plasmid of (b) in E. coli;
(d) selecting the inserted plasmid on ampicillin plates with various concentrations of cobalt; and
(e) detecting the light producing E. coli in the presence of cobalt.

The claims are generally drawn towards:

  • a fused gene comprising an inducible promoter by metals or xenobiotic compounds, or both, and a lux (CDABE) operon (claim 1)
  • a process for preparing an E. coli host that emits light in the presence of zinc (claim 17)
  • a process for preparing an E. coli host that emits light in the presence of cobalt (claim 18)

Definitions extracted from the specification are provided in CA 2105172.

Comments:

The three independent claims in US 5786162 are the same as those of CA 2105172, both of which are narrower than the two independent claims of EP 573500 in terms of the limit on the type of Alcaligenes eutrophus strain from which the inducible promoter is obtained, and the type of metals that the recombinant E. coli can detect (zinc and cobalt).

WO 1992/15687

  • Earliest priority - 1 Mar 1991
  • Filed - 28 Feb 1992
  • Published - 17 Sept 1992
  • Expected expiry - not applicable

Title - Fused genes and their use for determining the presence of metals or of xenobiotic compounds

Claim 1

Fused gene containing :

- the promoter sequence of (a) gene(s) encoding the resistance to one or several metal(s) or encoding the catabolism of one or several xenobiotic compound(s), said promoter being inducible in the presence of said metal(s) or xenobiotic compound(s), or both,

- and downstream the promoter, a gene producing a detectable signal such as light emitting gene, said gene being under the control of said promoter, said gene producing a detectable signal being located at a position such that the induction of the promoter causes the transcription of the gene producing a detectable signal and such that there is no terminator between the promoter and the gene producing a detectable signal, said gene being such that it enables to recycle fatty acid (which has been generated during the reaction responsible for the detectable signal) into aldehyde.

The claims are generally drawn towards:

  • a fused gene containing an inducible promoter by metals or xenobiotic compounds or both, and a gene producing a detectable signal (claim 1)

Definitions extracted from the specification are provided in CA 2105172.

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

Search strategy

Search details

Date of search

17/05/2006

Database searched

Patent Lens

Type of search

Simple, stemming on

Collections searched

AU-B, US-A, US-B, EP-B, WO

Search terms

VITO in applicant

Results

3

Comments

Of the 3 results identified using these search terms, 3 results were identified as being of particular interest based on their abstracts and a review of their claims.

Patent applications filed by and patents owned by VITO 2

Technology overview

This series of patent documents by VITO (Vlaamse instelling voor technologisch onderzoek, Flemish Institute for Technological Research) describes novel SOS regulated promoters that can be used to express reporter genes that code for proteins that produce a signal that can be detected as light.  Promoters that were investigated for utility were wildtype and mutated recN promoters from E. coli, which were fused to plasmid pMOL877 containig a promoterless luxCDABE operon from Vibrio fischeri.  The specification compares their system to those of the SOS-Chromotest (genotoxicity test using E. coli containing a sfiA::lacZ fusion gene; Quillardet et al., Proc.Natl Acad. Sci. USA 1982, 79:5971-5975) and the Ames Test (mutagenicity test using S. typhimurium mutant strains; Maron and Ames, Mutat. Res. 1983, 113:173-215; Gee et al., Proc.Natl Acad. Sci. USA 1994, 91:11606-11610), and concludes that the novel promoter systems disclosed here is more sensitive and results can be obtained in a shorter amount of time.

The system disclosed in the patent documents in this section has been comercialized (later improved with introduction of a control strain; technology disclosed in another patent family filed by VITO - WO 1999/53092, see chapter 6: Patent applications filed and patents owned by VITO 3) as the VITOTOX test.  The related journal publication of this technology is van der Lelie et al. (1997).  The VITOTOX test, an SOS bioluminescence Salmonella typhimurium test to measure genotoxicity kinetics.  Mutat. Res. 389(2-3):279-90.

Details of patent documents

Patent or Publication no.

Title, Independent Claims and Summary

Assignee and licensing information

AU 724155

  • Earliest priority - 25 Apr 1996
  • Filed - 25 Apr 1996
  • Granted - 14 Sept 2000
  • Expected expiry - 25 Apr 2016

Title - Recombinant nucleic acid sequences and methods for determining both genotoxicity and mutagenicity of a sample and the kinetics of the genetoxicity

Claim 1

A recombinant nucleic acid sequence comprising an SOS regulated promoter with an induction ratio higher than 40, said promoter being operatively linked to a reporter encoding nucleic acid sequence encoding a reporter resulting in a signal that can be assayed as light production.

Claim 20

A method for determining the presence of multiple genotoxic compounds in a sample, said method comprising the steps of

- culturing a host microorganism, said host microorganism comprising a nucleic acid sequence comprising an SOS regulated promoter, said promoter being operatively linked to a reporter encoding nucleic acid sequence encoding a reporter resulting in a signal that can be assayed as light production,
- measuring the luminescence of the culture, said measuring occurring at various points in time, preferably continuously and determining the signal to noise ratio at said points in time, plotting the data, said data representing the kinetics of genotoxicity of said sample with multiple peaks being indicative of multiple genotoxicity compounds with different induction kinetics.

Claim 21

A method for determining the presence of a genotoxic compound in a sample, said method comprising the steps of

- culturing a host microorganism, said host microorganism comprising a nucleic acid sequence comprising an SOS regulated promoter with an induction ratio higher than 40, said promoter being operatively linked to a reporter encoding nucleic acid sequence encoding a reporter resulting in a signal that can be assayed as light production,
- measuring the luminescence of the culture at multiple points in time, preferably continuously and
- determining whether the luminescence of the culture has changed, increased luminescence being indicative of the presence of a genotoxic compound.

The claims are generally drawn towards:

  • a recombinant nucleic acid sequence comprising an SOS regulated promoter operably linked to a reporter (claim 1)
  • a method for determining the presence of multiple genotoxic compounds in a sample (claim 20)
  • a method for determining the presence of a genotoxic compound in a sample (claim 21)

Definitions extracted from the description are:

  • SOS regulated promoter - there is no definition for this term. Candidates of suited promoters 'from the recombinatorial repair promoters consist of the group RecF, RecJ, RecN, RecO, RecQ, ruv and uvrD promoters'
  • Induction ratio - Miller units (lexA71) / Miller units (lexA+), as stated in the provided reference in the specifications (Schnarr et al., Biochimie 1991, 73:423-431, which cites Peterson and Mount, J. Mol. Biol. 1987, 193:27-40). lexA71 is a mutation that results in the protein being deficient in DNA binding.
  • Reporter - there is no definition for this term. The description states that 'such sequences are known in the state of the art', and gives a suitable reporter gene as being the luciferase A and B genes, more preferably further comprising luciferase C, D, and E genes, the sequences of which the description refers to that of WO 1992/15687 (see chapter 5 - Patent applications filed and patents owned by VITO).

Comments:

Although the description states that the SOS regulated promoter in the subject invention is 'directed at a recombinant nucleic acid sequence comprising an SOS regulated promoter with an induction ratio higher than 40', independent claim 20 does not state the limitaion of the SOS regulated promoter as such (in contrast to claims 1 and 21, see above), therefore may encompass any SOS regulated promoter.

VITO

BOERETANG 200
B-2400
MOL BELGIUM

Ph + 32 14 33 55 11
Fax + 32 14 33 55 99

vito@vito.be

CA 2252699

  • Earliest priority - 25 Apr 1996
  • Filed - 25 Apr 1996
  • Application pending
  • Expected expiry - not applicable

Title - Recombinant nucleic acid sequences and methods for determining both genotoxicity and mutagenicity of a sample and the kinetics of the genetoxicity

Claim 1

A recombinant nucleic acid sequence comprising an SOS regulated promoter with an induction ratio higher than 40, said promoter being operatively linked to a reporter encoding nucleic acid sequence encoding a reporter resulting in a signal that can be assayed as light production.

Claim 20

A method for determining the presence of multiple genotoxic compounds in a sample, said method comprising the steps of

- culturing a host microorganism, said host microorganism
comprising a nucleic acid sequence comprising an SOS regulated promoter, said promoter being operatively linked to a reporter encoding nucleic acid sequence encoding a reporter resulting in a signal that can be assayed as light production,
- measuring the luminescence of the culture, said
measuring occurring at various points in time, preferably continuously and determining the signal to noise ratio at said points in time, plotting the data, said data representing the kinetics of genotoxicity of said sample with multiple peaks being indicative of multiple genotoxicity compounds with different induction kinetics.

Claim 21

A method for determining the presence of a genotoxic compound in a sample, said method comprising the steps of

- culturing a host microorganism, said host microorganism comprising a nucleic acid sequence comprising an SOS regulated promoter with an induction ratio higher than 20, said promoter being operatively linked to a reporter encoding nucleic acid sequence encoding a reporter resulting in a signal that can be assayed as light production,
- measuring the luminescence of the culture at multiple points in time, preferably continuously and
- determining whether the luminescence of the culture has changed, increased luminescence being indicative of the presence of a genotoxic compound.

The claims are generally drawn towards:

  • a recombinant nucleic acid sequence comprising an SOS regulated promoter operably linked to a reporter (claim 1)
  • a method for determining the presence of multiple genotoxic compounds in a sample (claim 20)
  • a method for determining the presence of a genotoxic compound in a sample (claim 21)

Definitions extracted from the description are provided in AU 724155 (see above).

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

US 6521751

  • Earliest priority - 25 Apr 1996
  • Filed - 25 Apr 1996
  • Granted - 18 Feb 2003
  • Expected expiry - 25 Apr 2016

Title - Recombinant nucleic acid sequences and methods for determining both genotoxicity and mutagenicity of a sample and the kinetics of the genetoxicity

Claim 1

A recombinant nucleic acid sequence comprising an SOS regulated promoter with an induction ratio higher than 40, said promoter being operatively linked to a reporter encoding nucleic acid sequence encoding a reporter resulting in a signal that can be assayed as light production, wherein the promoter is Rec N (seq. id. no. 3).

Claim 2

A recombinant nucleic acid sequence comprising an SOS regulated promoter with an induction ratio higher than 40, said promoter being operatively linked to a reporter encoding nucleic acid sequence encoding a reporter resulting in a signal that can be assayed as light production, wherein the promoter is a mutated RecN promoter with the following nucleic acid sequence id. no. 9.

Claim 3

A recombinant nucleic acid sequence comprising an SOS regulated promoter with an induction ratio higher than 40, said promoter being operatively linked to a reporter encoding nucleic acid sequence encoding a reporter resulting in a signal that can be assayed as light production, wherein the promoter is a mutated RecN promoter with the following nucleic acid sequence id. no. 10.

The claims are generally drawn towards:

  • a recombinant nucleic acid sequence comprising RecN operably linked to a reporter (claim 1, 2, 3)

Definitions extracted from the description are provided in AU 724155 (see above). The SOS regulated promoter is limited to those described as SEQ ID NOs:3, 9 and 10.

  • SEQ ID NO: 3 - wildtype recN promoter DNA sequence
  • SEQ ID NO: 9 - recN promoter DNA sequence lacking the LexA2 site (recN1-3)
  • SEQ ID NO: 10 - recN promoter DNA sequence with promoter up mutation (recN2-4)
  • Promoter up mutation - the mutation is such that the promoter sequence more closely resembles that of the consensus sequence for the RNA polymerase binding site.

Comments:

US 6521751 has the narrowest set of independent claims among its patent family, as the nucleic acid sequence of the SOS regulated promoter is limited to three sequences (SEQ ID NOs: 3, 9, and 10) coding for a wildtype (SEQ ID NO:3) and mutated (SEQ ID NOs:9 and 10) RecN.

WO 1997/41251

  • Earliest priority - 25 Apr 1996
  • Filed - 25 Apr 1996
  • Published - 6 Nov 1997
  • Expected expiry - not applicable

Title - Recombinant nucleic acid sequences and methods for determining both genotoxicity and mutagenicity of a sample and the kinetics of the genetoxicity

Claim 1

A recombinant nucleic acid sequence comprising an SOS regulated promoter with an induction ratio higher than 40, said promoter being operatively linked to a reporter encoding nucleic acid sequence encoding a reporter resulting in a signal that can be assayed as light production.

Claim 20

A method for determining the presence of multiple genotoxic compounds in a sample, said method comprising the steps of

- culturing a host microorganism, said host microorganism comprising a nucleic acid sequence comprising an SOS regulated promoter, said promoter being operatively linked to a reporter encoding nucleic acid sequence encoding a reporter resulting in a signal that can be assayed as light production,
- measuring the luminescence of the culture, said measuring occurring at various points in time, preferably continuously and determining the signal to noise ratio at said points in time, plotting the data, said data representing the kinetics of genotoxicity of said sample with multiple peaks being indicative of multiple genotoxicity compounds with different induction kinetics.

Claim 21

A method for determining the presence of a genotoxic compound in a sample, said method comprising the steps of

- culturing a host microorganism, said host microorganism comprising a nucleic acid sequence comprising an SOS regulated promoter with an induction ratio higher than 20, said promoter being operatively linked to a reporter encoding nucleic acid sequence encoding a reporter resulting in a signal that can be assayed as light production,
- measuring the luminescence of the culture at multiple points in time, preferably continuously and
- determining whether the luminescence of the culture has changed, increased luminescence being indicative of the presence of a genotoxic compound.

The claims are generally drawn towards:

  • a recombinant nucleic acid sequence comprising an SOS regulated promoter operably linked to a reporter (claim 1)
  • a method for determining the presence of multiple genotoxic compounds in a sample (claim 20)
  • a method for determining the presence of a genotoxic compound in a sample (claim 21)

Definitions extracted from the description are provided in AU 724155 (see above).

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

Remarks

  1. National phase entry of WO 1997/41251 in Japan (JP 2001/507922) was rejected on 4 Apr 2006.  No further correspondence has been reported as of 18 may 2006.
  2. National phase entry of WO 1997/41251 in Europe (EP 907748) has deemed to be withdrawn on 24 Aug 2005.
  3. Other national phase entry of WO 1997/41251 include Brazil (BR 9612617).

Search strategy

Search details

Date of search

17/05/2006

Database searched

Patent Lens

Type of search

Simple, stemming on

Collections searched

AU-B, US-A, US-B, EP-B, WO

Search terms

VITO in applicant

Results

3

Comments

Of the 3 results identified using these search terms, 3 results were identified as being of particular interest based on their abstracts and a review of their claims.

Patents owned by Toyota Central R&D Labs. Inc.

Technology overview

Toyota Central R&D Labs. Inc. is a laboratory owned by companies in the Toyota Motors Group. Main R&D activities are centered towards motor vehicle development, and is divided into five main sectors; energy and environment, safety and human engineering, mechanical engineering, system engineering and electronics, and materials.  The related patents described in this section discloses a recombinant gene comprising an SOS gene and a luciferase gene, and a method to detect mutagenic substances using microorganisms transformed with the recombinant gene.  Examples in the specification of this patent family explain production of a umuC-luc gene fusion using plasmid pSK1002 (containing umuD,C-lacZ; Shinagawa et al., Gene 23:167-74 (1983) and the luc gene of the firefly Photinus pyralis (on Pica Gene™ Cassette vector; Toyo Ink MFG. Co. Ltd, Japan), which was introduced into S. typhimurium TA1535 and E. coli CH26.

Details of patent documents

Patent or Publication no.

Title, Independent Claims and Summary

Assignee and licensing information

EP 649905

  • Earliest priority - 22 Oct 1993
  • Filed - 21 Oct 1994
  • Granted - 23 Sept 1998
  • Expected expiry - 21 Oct 2014

Title - Methods of detection of mutagens using luminescence gene

Claim 1

A recombinant gene comprising

  • an SOS gene expressed when a DNA is damaged and a gene expressing luciferase activity positioned downstream of the SOS gene.
Claim 4

A host microorganism transformed with a recombinant gene comprising

  • an SOS gene expressed when a DNA is damaged and a gene expressing luciferase activity positioned downstream of the SOS gene.
Claim 10

A method for detecting or quantitating a mutagenic substance in a sample, comprising the steps of:

  • culturing a host microorganism transformed with a recombinant gene comprising an SOS gene expressed when a DNA is damaged and a gene expressing luciferase activity positioned downstream of the SOS gene, in a medium to which the sample is added; and
  • measuring a luminescence generated by expression of the gene expressing luciferase activity.
Claim 16

A recombinant gene comprising

  • an SOS gene expressed when a DNA is damaged and genes expressing luciferase activity and an enzyme which catalyzes the production of a substrate for the luciferase, positioned downstream of the SOS gene.
Claim 21

A host microorganism transformed with a recombinant gene comprising

  • an SOS gene expressed when a DNA is damaged and genes expressing luciferase activity and an enzyme which catalyzes the production of a substrate for the luciferase positioned downstream of the SOS gene.
Claim 26

A method for detecting or quantitating a mutagenic substance in a sample, comprising the steps of:

  • culturing a host microorganism transformed with a recombinant gene comprising an SOS gene expressed when a DNA is damaged and genes expressing luciferase activity and an enzyme which catalyzes the production of a substrate for luciferase, positioned downstream of the SOS gene, in a medium to which the sample is added; and
  • measuring a luminescence generated by expression of the genes expressing luciferase activity and an enzyme which catalyzes the production of a substrate for luciferase.

The claims are generally drawn towards:

  • a recombinant gene comprising an SOS gene and a gene expressing luciferase (claim 1)
  • a host microorganism transformed with a recombinant gene comprising an SOS gene and a gene expressing luciferase (claim 4)
  • a method for detecting or quantitating a mutagenic substance in a sample (claim 10, 26)
  • a recombinant gene comprising an SOS gene, a gene expressing luciferase and an enzyme which catalyzes the production of a substrate for the luciferase (claim 16)
  • a host microorganism transformed with a recombinant gene comprising an SOS gene, a gene expressing luciferase and an enzyme which catalyzes the production of a substrate for the luciferase (claim 21)

Definitions extracted from the specification are:

  • SOS gene - may be any SOS gene which is expressed when a DNA is damaged and which contains so called SOS box
  • Gene encoding luciferase - there is no definition for this term. The description states that 'various genes can be used'
  • Luciferase substrate - a long chain aldehyde or the like
  • Host microorganism - any microorganism which allows SOS gene being expressed when a DNA is damaged by a genotoxic substance such as a mutagenetic substance, in other word, host microorganism may be those having the components of SOS response
  • Enzyme catalyzing the production of a substrate for the luciferase - AND(P)H:FMN reductase, fatty acid reductases, or the like
  • Transformed - conventional procedures used for transformation of microorganisms such as bacteria may be used
  • Measuring (in claim 10) - cultured microbial cells are collected, and the cell wall is disrupted to release an expression product
  • Measuring (in claim 26) - the cultured medium per se generates the luminescence if the sample contained a genotoxic substance such as a mutagenic substance. Therefore, immediately after the culturing the luminescence can be measured

Comments:

Independent claim 1 of EP 649905 is relatively broad in two aspects:

  1. It is a 'product claim', therefore there is no limit on utility.
  2. There is no restriction on the type of SOS gene nor the gene expressing luciferase activity (in contrast to claim 1 of US 5702883, see below).

The technology was enabled by transforming E. coli (strain CSH26) and S. typhimurium (strain TA1535) wtih a umuC-luc fusion protein-producing luminescence vector, which  was subsequently tested for luminescence against 2-(2-furyl)-3-(5-nitro-2-furyl)acrylamide (AF-2), 4-nitroquinoline 4-oxide (4NQO), 1-nitropyrene (1-NP), 2-aminoanthracene (2-AA) and benzo[a]pyrene (Bap). Construction of a vector containing both lux and gene coding for the enzyme that catalyzes the substrate for luciferase was built from pUCD620 (Kado et al., Plant Molecular Biology Reporter, 1987, 5, 225), the SOS gene umuD,C added, and introduced into S. typhimurium TA1535.

Designated contracting States at the time of grant are: Switzerland, Germany, France, United Kingdom, Liechtenstein

Toyota Central R&D Labs Inc.

41-1, AZA YOKOMICHI, OAZA NAGAKUTE NAGAKUTE-CHO, AICHI-GUN, AICHI, JAPAN

Note: all enquiries are through a standard mailing form provided on their website:

http://www.tytlabs.co.jp/eindex.html

US 5702883

  • Earliest priority - 22 Oct 1993
  • Filed - 21 Oct 1994
  • Granted - 30 Dec 1997
  • Patent expired - 1 Feb 2006

Title - Methods of detection of mutagens using luminescence gene

Claim 1

A method for identifying a mutagenic substance, comprising the steps of:

  • culturing Escherichia or Salmonella transformed with recombinant DNA comprising

(i) an Escherichia or Salmonella SOS gene and
(ii) a gene encoding luciferase isolated from Photobacterium phosphoreum, Photobacterium leiognethi, Vibrio splendidus, Vibrio cholerae, Photinus pyralis, Vibrio harveyi or Vibrio fischeria; wherein
said gene encoding luciferase is positioned downstream of said SOS gene such that when said SOS gene is expressed, then said gene encoding luciferase is also expressed;

  • contacting said culture with a substance to be tested wherein said Escherichia or Salmonella in said culture is provided with a luciferase substrate; and
  • determining whether said substance is mutagenic by measuring the amount of luminescence in said culture.

The claims are generally drawn towards:

  • a method for identifying a mutagenic substance, comprising culturing Escherichia or Salmonella transformed with recombinant DNA comprising an SOS gene and a gene encoding luciferase (claim 1)

Definitions extracted from the specification are:

  • SOS gene - may be any SOS gene which is expressed when a DNA is damaged and which contains so called SOS box
  • Gene encoding luciferase - there is no definition for this term. The description states that 'various genes can be used'
  • luciferase substrate - a long chain aldehyde or the like

Comments:

US 5702883 expired due to non-payment of maintenance fees.

Remarks

Two related patents were granted in Japan:

  1. JP 3277426 - Transgenic Salmonella containing a SOS gene, gene expressing luciferase activity and luciferase substrate gene (expected expiry 15 Feb 2014);
  2. JP 3277436 - Transgenic Salmonella containing a SOS gene and gene expressing luciferase activity (expected expiry 26 Sept 2014).

Search strategy

This patent was identified as reference to WO 1997/41251 titled 'Recombinant nucleic acid sequences and methods for determining both genotoxicity and mutagenicity of a sample and the kinetics of the genetoxicity' filed by VITO.

Patent application filed by the University of Tennessee Research Foundation

Technology overview

The US patent application described in this section is the most recent of a series of patent documents filed by a research team lead by Dr John Sanseverino and Dr Gary S. Sayler at the Center for Environmental Biotechnology at the University of Tennessee, Knoxville.  They have been studying the application of transgenic microorganisms that can detect and report the presence of particular environmental contaminants.  This particular application concerns a transgenic yeast cell (Saccharomyces cerevisiae) contaning Photorhabdus luminescens luxCDABE and a human chromosomal estrogen response element that detect estrogenic agents.  The related scientific publication of this technology is Sanseverino J et al. (2005).  Use of Saccharomyces cerevisiae BLYES expressing bacterial bioluminescence for rapid, sensitive detection of estrogenic compounds.  Appl Environ Microbiol. 71(8):4455-4460.

Details of the patent document

Patent or Publication no.

Title, Independent Claims and Summary

Assignee and licensing information

US 2006/8837

  • Earliest priority - 4 Apr 2002
  • Filed - 1 Aug 2005
  • Application pending
  • Expected expiry - not applicable

Title - Compositions and methods for detecting estrogenic agents in a sample

Claim 22

A yeast cell comprising:

(a) a nucleic acid encoding LuxA and a nucleic acid encoding LuxB, the nucleic acid encoding LuxA and the nucleic acid encoding LuxB both being operatively linked to at least a first promoter and at least one estrogen response element; and
(b) at least one receptor capable of binding an estrogenic agent and the at least one estrogen response element.

Claim 32

A method for detecting the presence of an estrogenic agent in a sample, the method comprising:

(a) providing a sample;
(b) providing at least one yeast cell comprising a nucleic acid encoding
LuxA and a nucleic acid encoding LuxB, the nucleic acid encoding LuxA and the nucleic acid encoding LuxB both being operatively linked to at least a first promoter and at least one estrogen response element, and at least one receptor capable of binding an estrogenic agent and the at least one estrogen response element;
(c) contacting the at least one cell with the sample, wherein the cell emits bioluminescence when the estrogenic agent is present; and
(d) analyzing the cell for bioluminescence.

The claims are generally drawn towards:

  • a yeast cell comprising LuxA and LuxB operably linked to a promoter and an estrogen response element (claim 22)
  • a method for detecting the presence of an estrogenic agent in a sample (claim 32)

Definitions extracted from the specification are:

  • Operably linked - with a second nucleic-acid sequence when the first nucleic-acid sequence is placed in a functional relationship with the second nucleic-acid sequence.
  • Promoter - any of a number of promoters suitable for use in the selected host cell may be employed.

Comments:

Claims 1-22 have been cancelled.

Since this is a published application and not a granted patent, currently there are no enforceable rights.

University of Tennessee Research Foundation

1534 WHITE AVENUE
SUITE 403
KNOXVILLE, TENNESSEE 37996
Ph: +1-865-974-1882

Email: vhunley@tennessee.edu

Remarks

This US application has a continuation-in-part (US 2004/2148), which is still pending. Independent claim 1 of US 2004/2148 recites a eukaryotic cell comprising luxA, luxB, luxC, luxD and luxE, which is broad in scope if it is granted as applied.

Search strategy

Search details

Date of search

02/05/2006

Database searched

Patent Lens

Type of search

Simple, stemming on

Collections searched

AU-B, US-A, US-B, EP-B, WO

Search terms

biosensor AND (Sayler in inventor)

Results

27

Comments

Of the 27 results identified using these search terms, 4 results were identified as being of particular interest based on their abstracts and a review of their claims.

Patent applications filed and patents owned by the University of Tennessee Research Corporation

Technology overview

This patent family is one of the three filings introduced in this technology landscape, filed by a team lead by Dr John Sanseverino and Dr Gary S. Sayler at the Center for Environmental Biotechnology at the University of Tennessee, Knoxville.  The technology disclosed in this patent family concerns an apparatus that detects the presence of estrogenic compounds.  It contains a transgenic organism ('a collection of eukaryotic cells') that emits light upon exposure to an estrogenic compound, and an integrated circuit chip that detects the light. [add a comment]

Details of patent documents

Patent or publication no.

Title, Independent Claims and Summary

Assignee and licensing information

US 2006/014228

  • Earliest priority - 25 November 1997
  • Filed - 14 June 2005
  • Granted as US 7090992 (see below)
  • Expected expiry - not applicable

Title - Bioluminescent bioreporter integrated circuit devices and methods for detecting estrogen

Claim 1
An apparatus for the detection of an estrogen or a xenoestrogen, comprising:

  • an integrated circuit chip, wherein

said chip comprises an integrated light detection system, and

  • a biosensor comprising a collection of eukaryotic cells harboring a recombinant lux gene from a high temperature microorganism wherein

said gene is operably linked with a heterologous promoter, wherein

a detectable light-emitting lux gene product is expressed in the presence of said estrogen or xenoestrogen, light from said light-emitting lux gene product being detected by said light detection system.

The claims are generally drawn towards:

  • An apparatus for the detection of an estrogen or a xenoestrogen, comprising an integrated circuit chip and a biosensor (claim 1)

Definitions extracted from the specification are provided in US 7090992 (see below).

Comments:

Since US 20060104228 is a published application and not a granted patent, there are no enforceable rights.

This application has been granted as US 7090992, with all 11 claims granted as was applied for (see below for details).

University of Tennessee Research Foundation

1534 WHITE AVENUE
SUITE 403
KNOXVILLE, TENNESSEE 37996
Ph: +1-865-974-1882

Email: vhunley@tennessee.edu

US 7090992

  • Earliest priority - 25 November 1997
  • Filed - 14 June 2005
  • Granted - 15 August 2006
  • Expected expiry - 25 November 2017

Title - Bioluminescent bioreporter integrated circuit devices and methods for detecting estrogen

Claim 1
An apparatus for the detection of an estrogen or a xenoestrogen, comprising:

  • an integrated circuit chip, wherein

said chip comprises an integrated light detection system, and

  • a biosensor comprising a collection of eukaryotic cells harboring a recombinant lux gene from a high temperature microorganism

wherein said gene is operably linked with a heterologous promoter, wherein

a detectable light-emitting lux gene product is expressed in the presence of said estrogen or xenoestrogen, light from said light-emitting lux gene product being detected by said light detection system.

The claims are generally drawn towards:

  • An apparatus for the detection of an estrogen or a xenoestrogen, comprising an integrated circuit chip and a biosensor (claim 1)

Definitions extracted from the specification are:

  • Biosensor - a small, portable, analytical device based on the combination of recognition biomolecules with an appropriate transducer, and which detects chemical or biological materials selectively and with high sensitivity.
  • Eukaryotic cells - yeast cells are particularly preferred (but not limited to).
  • High temperature microorganism - there is no limitation on the type of microorganism stated in the specification. Dependent claims 2 and 3 recite it to be 'a bioluminescent microorganism' and 'Xenorhabdus luminescens, Pseudomonas phosphoreum, or Photobacterium phosphoreum', respectively.
  • heterologous promoter - is intended to refer to a promoter that is not normally associated with a DNA segment encoding a crystal protein or peptide in its natural environment.
  • Promoter - may be constitutive, or inducible, and can be used under the appropriate conditions to direct high level expression of the introduced DNA segment.
  • Estrogen or xenoestrogen - the type of estrogen or xenoestrogen that is to be detected is not specified in the description.  Dependent claim 4 recites 'estrone, estradiol, estriol or an esterified estrogen'.

Comments:

Claims in granted patent US 7090992 is relatively narrow in scope compared to other bioindicator systems, in that protection is limited to

  • an apparatus
  • that detects estrogen or xenoestrogen
  • that consists at least of
    • a eukaryotic biosensor with a lux gene from a high temperature microorganism and
    • an integrated circuit chip that detects luminescence.

Remarks

Related patent families of WO 9927351 (Bioluminescent bioreporter integrated circuit) and WO 200223168 (Bioluminescent bioreporter integrated circuit detection methods) contain claims that are generally drawn towards an apparatus that does not necessarily contain a transgenic bioreporter, therefore was not included in the analysis.

Search strategy

Search details

Date of search

14/09/2006

Database searched

Patent Lens

Type of search

Simple, stemming on

Collections searched

AU-B, US-A, US-B, EP-B, WO

Search terms

biosensor AND (Sayler in inventor)

Results

27

Comments

Of the 27 results identified using these search terms, 4 results were identified as being of particular interest based on their abstracts and a review of their claims.

Patent application filed and patent owned by Kaneka Corporation and the National Institute of Advanced Industrial Science and Technology

Technology overview

Kaneka Corporation (chemical R&D company in the field of plastics, pharmaceuticals and synthetic fibers, headquarters in Osaka, Japan) and the National Institute of Advanced Industrial Science and Technology (NIAIST, research organization spun off from Ministry of International Trade and Industry in April 2001, fields of research include life sciences, IT, environment and energy, nanotechnology, geoscience and metrology) jointly conducted research on developing a bioassay system to detect hazardous chemical substances or natural toxic substances in the environment.  It involved production of transgenic Chinese hamster ovary (CHO) cells containing the mouse heat shock protein (HSP47) promoter and specificity protein 1 (SP1) factor binding DNA sequence linked to ß-galactosidase and SV40pA (polyadenylation signal for enhanced reporter expression in mammalian cells), the technology of which was filed as patent applications in the US and Japan.  According to the Japanese patent application JP 2003/079365, this research was published in the Abstracts of the JSWE Annual Meeting published by the Japan Society on Water Environment on 14 Mar 2001.

Details of patent documents

Patent or Publication no.

Title, Independent Claims and Summary

Assignee and licensing information

US 2003/049737

  • Earliest priority - 7 Sept 2001
  • Filed - 11 Mar 2002
  • Granted as US 6740521 (see below)
  • Expected expiry - not applicable

Title - High-sensitive detection of environmental pollutants

Claim 1

A cell which is obtained by transfer of

  • a promoter containing a heat shock factor binding DNA sequence and
  • a transcriptional regulatory sequence necessary on an occasion of stress induction as a transcriptional regulatory factor binding site, as well as
  • a reporter gene under the control of said promoter into a chromosome,

said reporter gene
- being connected, on the downstream side thereof, to the SV40pA signal without any intervening intron, and
- which is used for detecting chemicals or natural toxins which disrupt or disturb homeostasis in organisms, by measuring said reporter gene protein inducing activity.

The claims are generally drawn towards:

  • a cell obtained by transfer of a promoter, a transcriptional regulatory sequence, and a reporter gene with SV40pA (claim 1)

Definitions extracted from the specification are provided in US 6740521.

Comments:

Since this is a published application and not a granted patent, there are no enforceable rights.

Kaneka Corporation

KITA-KU, OSAKA-SHI
2-4 NAKANOSHIMA 3-CHOME
OSAKA 530-8288, JAPAN
Ph +81-6-6226-5050
Fax +81-6-6226-5037

National Institute of Advanced Industrial Science and Technology

KITA-KU, OSAKA-SHI
3-1 KASUMIGASEKI 1-CHOME
CHIYODA-KU, TOKYO 100-0013, JAPAN
Ph +81-3-5501-0900

US 6740521

  • Earliest priority - 7 Sept 2001
  • Filed - 11 Mar 2002
  • Granted - 25 May 2004
  • Expected expiry - 11 Mar 2022

Title - High-sensitive detection of environmental pollutants

Claim 1

A cell which is obtained by transfer of

  • a promoter containing a heat shock factor binding DNA sequence and
  • a transcriptional regulatory sequence which functions in response to stress induction of a protein as a transcriptional regulatory factor binding site, as well as
  • a reporter gene under the control of said promoter into a chromosome,

said reporter gene

- being connected, on the downstream side thereof, to the SV40pA signal without any intervening intron, and
- which is usable for detecting chemicals or natural toxins which disrupt or disturb homeostasis in organisms, by measuring a protein inducing activity of said reporter gene, wherein

  • the promoter containing the heat shock factor binding DNA sequence and the transcriptional regulatory sequence which functions on the occasion of stress induction of a protein as the transcriptional regulatory factor binding site, is an HSP47 promoter containing the heat shock factor binding DNA sequence and an SP1 factor binding sequence.

The claims are generally drawn towards:

  • a cell obtained by transfer of the HSP47 promoter containing the heat shock factor binding DNA sequence, an SP1 factor binding sequence, and a reporter gene with SV40pA (claim 1)

Definitions extracted from the specification are:

  • A cell - refers to as a stable transformant as distinguished from a cell in a transient expression system.
  • Transcriptional regulatory sequence (necessary on an occasion of stress induction) - which functions on the occasion of stress induction of a protein but not transcriptional regulatory sequence which functions independently of stress induction (specifically the AP-1 binding DNA sequence or the NF-B binding DNA sequence).
  • Natural toxins - Preferably... a toxin produced by blue-green algae.

Comments:

The promoter sequence and transcriptional regulatory sequence in the granted US 6740521 have been limited to HSP47 and SP1 factor binding sequence, respectively.

Remark

Related application in Japan (JP 2003/079365) is pending.

Search strategy

Search details

Date of search

09/06/2006

Database searched

Patent Lens

Type of search

Simple, stemming off

Collections searched

AU-B, US-A, US-B, EP-B, WO

Search term

((inducible near/10 stress) or (induced near/10 stress)) and ((promoter in title) or (promoter in abstract)) and plant and phosphorus

Results

25

Comments

Of the 25 results identified using these search terms, one result was identified as being of particular interest based on their abstracts and a review of their claims.

Patent applications filed by Lee KH and Kim SJ

Technology Overview

A Korean research team lead by Dr Sang-Jong Kim at the College of Natural Sciences, Seoul National University, isolated a freshwater bacterium that was sensitive to phenol (Janthinobacterium lividum YH9), transformed it with a luciferase gene (luxAB) and deposited under KCTC 0730BP.  In contrast to the many other bioreporter systems, bioluminescence is constitutive in the transgenic J. lividum, and exposure of the strain to toxic substances will result in a decrease in the level of luminescence.  The research team subsequently produced an automated toxicity test system with the transgenic J. lividum, which includes software to analyse real-time bioluminescence (BactoTox®) described in Cho et al. (2004).  A novel continuous toxicity test system using a luminously modified freshwater bacterium.  Biosens Bioelectron. 20(2):338-44.

Details of patent documents

Patent or Publication No.

Title, Independent Claims and Summary

Assignee and licensing information

US 2001/034039

  • Earliest priority - 3 Mar 2000
  • Filed - 23 Feb 2001
  • Application abandoned - 27 Oct 2003
  • Expected expiry - not applicable

Title - Bioluminescent organism for detecting toxic substances

Claim 1

YH9-RC deposited under KCTC 0730BP reacts with toxic substances to show change in the degree of luminescence.

Claim 2

A method for detecting toxic substances comprising

    the step of determining the existence and the concentration of toxic substances using a microorganism, wherein

  • the microorganism is YH9-RC deposited under KCTC 0730BP, and
  • an aldehyde is added as a substrate so that the microorganism can emit light.
Claim 5

A kit for analyzing toxic substances comprising

  • a toxic substance sample,
  • a microorganism which reacts with the toxic substance to show change in the degree of luminescence,
  • a reactor where the sample reacts with the microorganism, and
  • a light-detection apparatus which can detect light emitted from the microorganism, wherein

the microorganism is YH9-RC deposited under KCTC 0730BP, and an aldehyde is introduced into the reactor so that the microorganism can emit light.

The claims are generally drawn towards:

  • YH9-RC (transgenic Janthinobacterium lividum strain containing luxAB) deposited under KCTC 0730BP (claim 1)
  • a method for detecting toxic substances using YH9-RC (claim 2)
  • a kit for analyzing toxic substances comprising YH9-RC (claim 5)

Definitions extracted from the specification are:

  • YH9-RC - Rifampicin resistant J. lividum containing plasmid pUTluxAB (Herrero et al. (1990). Transposon vectors containing non-antibiotic resistance selection markers for cloning and stable chromosomal insertion of foreign genes in Gram-negative bacteria. J. Bacteriol. 172:6557-6567)
  • Toxic substances - there is no definition for this term. The inventors suggest 'a variety of toxic substances' can be detected with this method, 'and particularly they show excellent sensitivity to organic compounds such as phenol, benzene, toluene, xylene, etc., and heavy metals such as Al, As, Cd, Co, Cr(VI), Cu, Fe, Hg, Mn, Pb, Se, Zn, etc.'

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

Lee KH

ENVIRONMENTAL SCIENCE MAJOR HANKUK UNIVERSITY OF FOREIGN STUDIES WANGSAN-RI, MOHYEON
YONGIN-CITY, KYUNGKIO-DO, REPUBLIC OF KOREA

Kim SJ

MOKDONG APT. 907-1304 SHINJEONG 1-DONG, YANGCHEON-KU
SEOUL, REPUBLIC OF KOREA

EP 1148141
  • Earliest priority - 3 Mar 2000
  • Filed - 24 Feb 2001
  • Application deemed to be withdrawn - 9 Mar 2005
  • Expected expiry - not applicable

Title - Bioluminescent organism for detecting toxic substances

Claim 1

YH9-RC deposited under KCTC 0730BP reacts with toxic substances to show change in the degree of luminescence.

Claim 2

A method for detecting toxic substances comprising

    the step of determining the existence and the concentration of toxic substances using a microorganism, wherein

  • the microorganism is YH9-RC deposited under KCTC 0730BP, and
  • an aldehyde is added as a substrate so that the microorganism can emit light.
Claim 5

A kit for analyzing toxic substances comprising

  • a toxic substance sample,
  • a microorganism which reacts with the toxic substance to show change in the degree of luminescence,
  • a reactor where the sample reacts with the microorganism, and
  • a light-detection apparatus which can detect light emitted from the microorganism, wherein

the microorganism is YH9-RC deposited under KCTC 0730BP, and an aldehyde is introduced into the reactor so that the microorganism can emit light.

The claims are generally drawn towards:

  • YH9-RC (Janthinobacterium lividum strain) deposited under KCTC 0730BP (claim 1)
  • a method for detecting toxic substances using YH9-RC (claim 2)
  • a kit for analyzing toxic substances comprising YH9-RC (claim 5)

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

Remarks

  1. Related patent granted in Japan (JP 3481212, currently in force, maintenance fee paid to 10 Oct 2006).
  2. Other related patent documents in Kuwait (KR 2001086843).

Search strategy

Search details

Date of search

28/04/2006

Database searched

Patent Lens

Type of search

Simple, stemming on

Collections searched

AU-B, US-A, US-B, EP-B, WO

Search terms

Janthinobacterium AND (Kim in inventor)

Results

1

Comments

Patent owned by the University of British Columbia

Technology overview

A team lead by Dr Edward P. Candido at the Department of Biochemistry, University of British Columbia conducted research on stress response using Caenorhabditis elegans as a model organism.  Major research interests of Dr Candido's laboratory include the ubiquitin-conjugation system and heat shock protein (hsp) biology, one study of which concerned the creation of transgenic C. elegans having the promoter of hsp fused to the lacZ gene of E. coli that was evaluated for the potential to be used as a biosensor to detect environmental pollutants.  The following three related scientific articles were published by the research team:

  1. Stringham et al. (1992).  Temporal and spatial expression patterns of the small heat shock (hsp16) genes in transgenic Caenorhabditis elegansMol Biol Cell. 3(2):221-33.
  2. Stringham and Candido (1993).  Transgenic strains of the nematode Caenorhabditis elegans as biological monitors of environmental stress.  FASEB J. 7(7): A1222-A1222.
  3. Stringham and Candido (1994).  Transgenic hsp16-lacZ strains of the soil nematode Caenorhabditis elegans as biological monitors of environmental stress.  Environ Toxicol Chem. 13(8): 1211-1220.

Details of the patent document

Patent or Publication no.

Title, Independent Claims and Summary

Assignee and licensing information

US 5877398

  • Earliest priority - 29 Jan 1993
  • Filed - 7 Apr 1995
  • Granted - 2 Mar 1999
  • Patent expired - 2 Apr 2003

Title - Biological systems incorporating stress-inducible genes and reporter constructs for environmental biomonitoring and toxicology

Claim 1

A transgenic nematode

  • selected from the group consisting of PC71, deposited as ATCC Accession Designation No. 209318, PC72, deposited as ATCC Accession Designation No. 209319, and PC73, deposited as ATCC Accession Designation No. 209320,
  • said nematode having a gene construct stably integrated into its genome, and gene construct comprising the nematode hsp16 promoter operably linked to the lacZ gene, wherein the lacZ gene is expressed when said nematode is exposed to a toxin.
Claim 5

A kit comprising:

(a) a test chamber containing a liquid growth medium and at least one transgenic nematode selected from the group consisting of PC71, deposited as ATCC Accession Designation No. 209318, PC72, deposited as ATCC Accession Designation No. 209319, and PC73, deposited as ATCC Accession Designation No. 209320, said nematode having a gene construct stably integrated into its genome, said gene construct comprising a nematode hsp16 promoter operably linked to the lacZ gene, wherein the lacZ gene is expressed when said nematode is exposed to a toxin; and

(b) means for detecting expression of the lacZ gene.

The claims are generally drawn towards:

  • a transgenic nematode having the nematode hsp16 promoter operably linked to the lacZ gene (claim 1)
  • a kit comprising a test chamber containing at least one transgenic nematode having the nematode hsp16 promoter operably linked to the lacZ gene (claim 5)

Definitions extracted from the description are:

  • Nematode - there is no definition for this term. All ATCC accessions are transgenic Caenorhabditis elegans lines.
  • hsp16 (heat shock protein 16) - of the nematode Caenorhabditis elegans
  • lacZ gene - of the E. coli gene... encodes the enzyme, β-galactosidase
  • Toxin - there is no definition/limitation for this term. The examples report β-galactosidase activity upon exposure of a transgenic nematode to Pb(NO3)2, ZnCl2, NaAsO2, HgCl2, CuCl2, CdCl2, and a herbicide 'paraquat' (see Figure 5 in the specification). Note that heat (33 ˚C is the temperature given in the example and in Figure 6) also induces β-galactosidase activity for these transgenic nematodes.
  • Means (for detecting lacZ gene expression) - this term is not defined.  The specification provides the following two methods of detection:
  1. qualitative histochemical assay - indicates which tissues have undergone the stress response
  2. quantitative soluble assay - provides a colour change reflecting the level of stress-induced enzyme in the whole animal
  • PC71 and PC72 - C. elegans strains containing the complete translational fusion of hsp16::lacZ
  • PC73 - C. elegans strain containing the hsp16-48/1 translational exon 1::lacZ fusion

Comments:

Granted US 5877398 has expired due to non-payment of maintenance fees.

Although not recited in the claims (and therefore are not enforceable), the specification provides other possible reporter systems by potentially using a bacterial or firefly luciferase gene as the reporter gene, and other promoters that 'respond to different classes of stressors or conditions..., e.g. metallothionein or cytochrome P450 promoters, or other heat shock promoters'.

University of British Columbia

University-Industry Liaison Office

The University of British Columbia
#103 - 6190 Agronomy Road Vancouver, BC Canada V6T 1Z3
Ph +1-604-822-8580

Search strategy

Search details

Date of search

28 Apr 2006

Database searched

Patent Lens

Type of search

Simple

Collections searched

AU-B, US-A, US-B, EP-B, WO

Search terms

biomonitor and cadmium

Results

22

Comments

Of the 22 results identified using these search terms, 3 results were identified as being of particular interest based on their abstracts and a review of their claims.

Patent applications filed by Giorgio and Valentina MANGIAROTTI

Technology overview

Dr Giorgio Mangiarotti conducted research on the molecular biology of Dictyostelium discoideum at the Department of Clinical and Biological Sciences, University of Turin at the time of filing.  Their patent application below discloses use of wildtype or genetically engineered Dictyostelium cells to detect toxic substances in the environment.  A preferred embodiment disclosed in the specification is use of E. coli beta galactosidase as the reporter gene in transgenic Dictyostelium.

Details of patent documents

Patent or Publication no.

Title, Independent Claims and Summary

Assignee and licensing information

WO 1999/009202

  • Earliest priority - 20 Aug 1997
  • Filed - 8 Aug 1998
  • Published - 25 Feb 1999
  • Expected expiry - not applicable

Title - Process to detect toxic substances in the environment

Claim 1

Process to detect toxic substances in the environment based on the use of a biosensor, characterized in that it includes the stages consisting in:

  • placing in an environment to be biomonitorized, such as air, ground, food, clothes, etc. a biosensor consisting of cells of a wild type strain or of genetically engineered strains of Dictyostelium in conditions apt to development;
  • leaving for 20 hr the cells in such an environment;
  • evaluating the morphology of the developing cells aggreagates or the expression of reporter genes.

The claims are generally drawn towards:

  • a process to detect toxic substances in the environment consisting placing cells of a wild type strain or of genetically engineered strains of Dictyostelium in an environment to be biomonitored

Definitions extracted from the description are:

  • Dictyostelium - a lower fungus (a myxomycete) consisting of ameboid cells which in nature feed on bacteria by phagocytosis
  • Genetically engineered strains (of Dictyostelium) - Dictyostelium cells in which a plasmid containing the gene of a reporter protein has been inserted... the reporter gene is fused to regulatory elements derived from different genes of Dictyostelium.
  • Evaluating - there is no definition/limitation for this term. For use of wildtype Dictyostelium cells 'the morphological changes of cell aggregates will be followed', whereas use of genetically engineered Dictyostelium cells 'the presence of the reporter protein in the organism will be detected by nuke eye'.

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

No examples of transgenic Dictyostelium strains are provided in the specification, therefore enablement of this technology is unclear.

Giorgio MANGIAROTTI

Via Pollicino, 10 I-10052 Bardonecchia, Italy

Valentina MANGIAROTTI

Via Gibellini, 4 I-10020 Pecetto Torinese, Italy

Remarks
  1. National phase entries of WO 1999/009202 in Australia (AU 92592/98) and Europe (EP 1005568) have lapsed/deemed to be withdrawn on 11 May 2000 and 5 Sept 2001, respectively.
  2. Other related patent documents listed in INPADOC include Italy (IT 97840751).

Search strategy

Search details

Date of search

28 Apr 2006

Database searched

Patent Lens

Type of search

Simple

Collections searched

AU-B, US-A, US-B, EP-B, WO

Search terms

biomonitor and cadmium

Results

22

Comments

Of the 22 results identified using these search terms, 3 results were identified as being of particular interest based on their abstracts and a review of their claims.

Patent applications filed by the National University of Singapore

Technology overview

A research team lead by Dr Zhiyuan Gong at the Department of Biological Sciences, National University of Singapore, identified several homologous gene promoters for zebrafish (Danio rerio), linked them to a modified green fluorescent protein (GFP) gene, and successfully created transgenic zebrafish that express GFP (related publication by Ju et al. (1999).  Faithful expression of green fluorescent protein (GFP) in transgenic zebrafish embryos under control of zebrafish gene promoters.  Dev Genet. 25:158-167).  They have filed patent applications concerning this technology, indicating that hormone-inducible or heavy metal-inducible promoter genes can be used to create bioreporter fish that can detect such contaminants in water samples in the patent specification.

Details of patent documents

Patent or Publication no.

Title, Independent Claims and Summary

Assignee and licensing information

US 2004/143864

  • Earliest priority - 18 Feb 1999
  • Filed - 21 Oct 2003
  • Application pending
  • Expected expiry - not applicable

Title - Chimeric gene constructs for generation of fluorescent transgenic ornamental fish

Claim 1

A method of providing transgenic fish to the ornamental fish market, comprising the steps of:

(a) obtaining an ornamental transgenic fish comprising one or more chimeric fluorescence genes positioned under the control of a promoter, wherein

  • the transgenic fish expresses one or more fluorescent proteins encoded by the one or more fluorescence genes at a level sufficient such that said fish fluoresces upon exposure to one or more of a blue light, ultraviolet light or sunlight; and

(b) distributing said fish to the ornamental fish market.

The claims are generally drawn towards:

  • a method of providing transgenic fish to the ornamental fish market (claim 1)

Definitions extracted from the specification are:

  • Ornamental - there is no definition for this term. The Merriam-Webster online dictionary has the following definition: (adj) of, relating to, or serving as ornament; specifically : grown as an ornamental
  • Fish - there is no definition for this term.  Dependent claims 39 and 41 recite the following: zebrafish, medaka, goldfish or carp (claim 39), koi, loach, tilapia, glassfish, catfish, angel fish, discus, eel, tetra, goby, gourami, guppy, Xiphophorus, hatchet fish, Molly fish, or pangasius (claim 41).
  • Chimeric fluorescence gene(s) - ... comprising a promoter described herein operatively linked to a heterologous gene.
  • Fluorescence gene(s) - there is no definition for this term.  The Detailed Description provides the following examples: DNA that codes for ... fluorescent peptides including GFP, EGFP, BFP, EBFP, YFP, EYFP, CFP, ECFP and enzymes (such as luciferase, β-galactosidase, chloramphenicol acetyltransferase, etc.).
  • Promoter - constitutive (ubiquitous), or that have tissue specificity such as skin specificity or muscle specificity or that are inducible by a chemical substance...

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

According to USPTO Public PAIR, this application is a continuation of US 09/913898 (filed 3 Oct 2001), which is also still pending.  There is no publication concerning this application.  INPADOC legal status of WO 2000/49150 (see below) indicates that this PCT application entered national phase in the US on the same date of filing of US 09/913898, therefore it is likely that this unpublished US patent application is the original national phase entry of WO 2000/49150 into the US.

Claims in this patent application are not directed towards a product or method concerning a bioreporter system because independent claim 1 states that the use of the transgenic fish is for the ornamental fish market.  However, the PCT application from which this national phase entry arose contains claims reciting use of the transgenic fish for sensing purposes (see below), and therefore was included in the analysis.

National University of Singapore

10 KENT RIDGE CRESCENT
SINGAPORE 0511

Contact on university website:

National University of Singapore

21 Lower Kent Ridge Road, Singapore 119077

Ph +65-6516-6666

WO 2000/49150

  • Earliest priority - 18 Feb 1999
  • Filed - 16 Jul 1999
  • Published - 24 Aug 2000
  • Expected expiry - not applicable

Title - Chimeric gene constructs for generation of fluorescent transgenic ornamental fish

Claim 1

A zebrafish cytokeratin gene promoter which is capable of directing a structural gene to be predominantly expressed in skin epithelia when it is inserted in front of the structural gene and introduced into fish embryos.

Claim 2

A zebrafish muscle creatine kinase gene promoter which is capable of directing a structural gene to be specifically expressed in muscles when it is inserted in front of the structural gene and introduced into fish embryos.

Claim 3

A zebrafish fast skeletal muscle isoform of myosin light chain 2 gene promoter which is capable of directing a structural gene to be predominantly expressed in skeletal muscles when it is inserted in front of the structural gene and introduced into fish embryos.

Claim 4

A zebrafish acidic ribosomal protein PG gene promoter which is capable of directing a structural gene to be expressed ubiquitously in all tissues when it is inserted in front of the structural gene and introduced into fish embryos.

Claim 10

A transgenic fish comprising a DNA that encodes a fluorescent protein under control of a promoter that causes said DNA
(1) to be expressed in predominantly skin epithelia,
(2) to be specifically expressed in muscles,
(3) to be predominantly expressed in skeletal muscles, or
(4) to be expressed ubiquitously in all tissues.

Claim 14

A recombinant DNA vector comprising a promoter DNA that hybridizes under stringent conditions to a polynucleotide of any one of SEQ ID NOS:7, 8, 9, or 22, operatively linked to a structural gene encoding a fluorescent or chemiluminescent protein.

Claim 16

A transgenic fish comprising a chimeric gene in turn comprising a promoter DNA that hybridizes under stringent conditions to a polynucleotide of any one of SEQ ID NOS:7, 8, 9, or 22, operatively linked to a structural gene encoding a fluorescent or a chemiluminescent protein.

Claim 17

A method for sensing a steroid hormone or a steroid hormone derivative in a water sample comprising:
(a) contacting a fish expressing a fluorescent or chemiluminescent protein under control of an estrogen- or other steroid hormone-inducible promoter with a sample of water; and
(b) measuring the amount of fluorescent or chemiluminescent light from said fish.

Claim 18

A method for sensing heavy metals, such as zinc, copper, cadmium, mecury etc., in a water sample comprising:
(a) contacting a fish expressing a fluorescent or chemiluminescent protein under control of a heavy metal-inducible promoter with a sample of water; and
(b) measuring the amount of fluorescent or chemiluminescent light from said fish.

The claims are generally drawn towards:

  • a zebrafish cytokeratin gene promoter (claim 1)
  • a zebrafish muscle creatine kinase gene promoter (claim 2)
  • a zebrafish fast skeletal muscle isoform of myosin light chain 2 gene promoter (claim 3)
  • a zebrafish acidic ribosomal protein PG gene promoter (claim 4)
  • a transgenic fish comprising a DNA that encodes a fluorescent protein under control of a promoter (claim 10)
  • a recombinant DNA vector comprising a promoter DNA operatively linked to a structural gene encoding a fluorescent or chemiluminescent protein (claim 14)
  • a transgenic fish comprising a chimeric gene comprising a promoter DNA operatively linked to a structural gene encoding a fluorescent or chemiluminescent protein (claim 16)
  • a method for sensing a steroid hormone or a steroid hormone derivative in a water sample (claim 17)
  • a method for sensing heavy metals, such as zinc, copper, cadmium, mecury etc., in a water sample (claim 18)

Definitions extracted from the specification are:

  • Ornamental - there is no definition for this term. The Merriam-Webster online dictionary has the following definition: (adj) of, relating to, or serving as ornament; specifically : grown as an ornamental
  • Fish - there is no definition for this term. Dependent claims 39 and 41 recite the following: zebrafish, medaka, goldfish or carp (claim 39), koi, loach, tilapia, glassfish, catfish, angel fish, discus, eel, tetra, goby, gourami, guppy, Xiphophorus, hatchet fish, Molly fish, or pangasius (claim 41).
  • Chimeric fluorescence gene(s) - ... comprising a promoter described herein operatively linked to a heterologous gene.
  • Fluorescence gene(s) - there is no definition for this term. The Detailed Description provides the following examples: DNA that codes for ... fluorescent peptides including GFP, EGFP, BFP, EBFP, YFP, EYFP, CFP, ECFP and enzymes (such as luciferase, β-galactosidase, chloramphenicol acetyltransferase, etc.).
  • Promoter (unless specified otherwise) - constitutive (ubiquitous), or that have tissue specificity such as skin specificity or muscle specificity or that are inducible by a chemical substance...
  • Structural gene - encode a protein that produces a fluorescent or chemiluminescent light under conditions appropriate to the particular polypeptide in one or more tissues of a fish.
  • SEQ ID NO:7 - complete sequence of the cytokeratin (CK) promoter region
  • SEQ ID NO:8 - complete sequence of the muscle creatine kinase (MCK) promoter region
  • SEQ ID NO:9 - complete sequence of the acidic ribosomal protein P0 (ARP) promoter region including the first intron
  • SEQ ID NO:22 - complete sequence of the fast skeletal muscle isoform of myosin light chain 2 (MLC2f) promoter region
  • Stringent conditions - under salt and temperature conditions providing stringency at least as high as that equivalent to 5×SSC and 42° C.

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

Unlike the claims recited in the national phase entry of WO 2000/49150 in the US (US 2004/143864, see above), the set of claims recited in this PCT application are not only directed towards ornamental use of these transgenic fish (and concerning promoters and structural genes), but also towards any other method of use, including use in sensing particular substances such as hormones and heavy metals.  The first seven independent claims listed above (claims 1, 2, 3, 4, 10, 14, 16) are not limited to any method of use, therefore the scope of these claims will be broad if they are granted as applied for.

Examples in the specification of WO 2000/49150 provide a chapter on 'potenatial applications of fluorescent transgenic fish', which contains a proposal of use of the system to produce transgenic fish that can be used for detection of environemntal pollution, but without actual experimental data to enable the proposal (e.g. promoter/reporter constructs, transgenic fish, response of such transgenic fish to substances).

Remarks

Related application filed in Singapore (SG 82624).

Search strategy

Search details

Date of search

02/05/2006

Database searched

Patent Lens

Type of search

Simple, stemming on

Collections searched

AU-B, US-A, US-B, EP-B, WO

Search terms

biosensor AND transgenic AND "water quality"

Results

12

Comments

Of the 12 results identified using these search terms, 2 results were identified as being of particular interest based on their abstracts and a review of their claims.

Patent applications filed and granted patents owned by E. I. du Pont de Nemours and Company 2

Technology overview

The patent family described in this section by E.I. du Pont de Nemours and Co. disclose a method to detect the presence of environmental insults (defined in the specification as 'substance or environmental change that results in an alteration of normal cellular metabolism in a bacterial cell or population of cells') by using a transgenic organism containing a lux gene complex that is under control of a stress-inducible promoter that is responsive to a regulatory circuit.  Examples in the patent specification provide the following constructs that were tested for luminescence upon exposure of transgenic E. coli strains containing the constructs to various chemical (e.g. ethanol, heavy metal compounds, hydrogen peroxide, mitomycin C) and physical (UV radiation) stressors:

Details of patent documents

Patent or Publication no.

Title, Independent Claims and Summary

Assignee and licensing information

CA 2150232
  • Earliest priority - 4 Dec 1992
  • Filed - 2 Dec 1993
  • Granted - 19 Dec 2000
  • Expected expiry - 2 Dec 2013

Title - A highly sensitive method for detecting environmental insults

Claim 1

A method of detecting the presence of an environmental insult comprising:

(a) exposing a transformed detector E. coli to an environmental insult, the transformed detector E. coli being genetically engineered to contain an expressible heterologous luxCDABE gene complex under the control of a stress-inducible promoter sequence wherein the promoter sequence is responsive to a regulatory circuit; and
(b) measuring an increase in luminescence of the transformed detector E. coli, the increase indicating the presence of an environmental insult.

Claim 2

A method of detecting stress in a population of transformed E. coli comprising:

(a) exposing a population of transformed detector E. coli to an environmental insult, the transformed detector E. coli being genetically engineered to contain an expressible heterologous luxCDABE gene complex under the control of a stress-inducible promoter sequence wherein the promoter sequence is responsive to a global regulatory circuit; and
(b) measuring an increase in luminescence of the transformed detector E. coli, the increase indicating stress.

Claim 8

A transformed bioluminescent E coli capable of an increase in bioluminescence upon exposure to a sublethal level of environmental insult, the transformed bioluminescent E. coli comprising:

(a) a stress inducible promoter sequence wherein the promoter sequence is responsive to a regulatory circuit; and
(b) an expressible heterologous luxCDABE gone complex under the control of the stress inducible promoter sequence.

Claim 10

A method of detecting the presence of a environmental insult comprising:

(a) exposing a transformed detector E. coli to a sublethal environmental insult, the transformed detector E. coli being genetically engineered to contain an expressible heterologous luxCDABE gone complex under the control of a stress-inducible promoter sequence wherein the promoter sequence is responsive to a regulatory circuit; and
(b) measuring an increase in luminescence of the transformed detector E. coli, the increase indicating the presence of an environmental insult.

Claim 11

E. coli selected from the group consisting of:

(i) TV1076 having ATCC Number 69314 comprising a tolC- mutation and an expressible heterologous lux gene complex under the control of a grpE stress inducible promoter sequence;
(ii) WM1302 having ATCC Number 69316 comprising a tolC- mutation and an expressible heterologous lux gene complex under the control of a dnaK stress inducible promoter sequence;
(iii) TV1060 having ATCC Number 69142 comprising an expressible heterologous lux gene complex under control of a grpE stress inducible promoter sequence;
(iv) TV1061 having ATCC Number 69315 comprising an expressible heterologous lux gene complex under control of a grpE stress inducible promoter sequence;
(v) WM1021 having ATCC Number 69141 comprising an expressible heterologous lux gene complex under control of a dnaK stress inducible promoter sequence;
(vi) WM1026 having ATCC Number 69143 comprising an expressible heterologous lux gene complex under control of a dnaK stress inducible promoter sequence; and
(vii) WM1202 having ATCC Number 69313 comprising an expressible heterologous lux gene complex under control of a dnaK stress inducible promoter sequence.

Claim 12

A nucleic acid molecule, comprising:

(a) a stress inducible promoter sequence wherein said promoter sequence is responsive to a regulatory circuit; and
(b) an expressible bacterial luxCDABE gene complex under control of said promoter sequence.

The claims are generally drawn towards:

  • a method of detecting the presence of an environmental insult comprising exposing E. coli engineered to contain an expressible heterologous luxCDABE gene complex under the control of a stress-inducible promoter sequence (claim 1, 10)
  • a method of detecting stress in a population of transformed E. coli comprising exposing E. coli engineered to contain an expressible heterologous luxCDABE gene complex under the control of a stress-inducible promoter sequence (claim 2)
  • a transformed bioluminescent E coli capable of an increase in bioluminescence upon exposure to a sublethal level of environmental insult (claim 8)
  • E. coli strains comprising an expressible heterologous lux gene complex under control of a stress inducible promoter sequence (claim 11)
  • a nucleic acid molecule comprising a stress inducible promoter sequence and an expressible bacterial luxCDABE gene complex (claim 12)

Definitions extracted from the specification are provided in US 5683868.

Comments:

The scope of the independent claims in granted CA 2150232 is the same as those of US 5683868.

E.I. du Pont de Nemours and Co.

1007 MARKET STREET WILMINGTON, DE 19898

Licensing information:
Ph +1-(781) 972-0607
Email dupont@yet2.com

DuPont has a website called 'DuPont Technology Bank', which contains information on licensing patented technology by their company:

http://dupont.t2h.yet2.com/t2h/page/homepage/

EP 673439 B1

EP 673439 B2

  • Earliest priority - 4 Dec 1992
  • Filed - 2 Dec 1993
  • Granted - 23 Apr 1997
  • Modified - 4 Jul 2001
  • Expected expiry - 2 Dec 2013

Title - Method for detecting environmental insults

Claim 1

A method of detecting environmental stress comprising:

(a) exposing a detector organism to an environmental insult, said organism being genetically engineered to contain an expressible lux gene complex under the control of a stress inducible promoter sequence wherein the promoter sequence is responsive to a global regulatory circuit; and
(b) measuring a change in luminescence of said detector organism.

Claim 2

A method of detecting environmental stress comprising:

(a) exposing a detector organism to a sublethal environmental insult, said organism being genetically engineered to contain an expressible lux gene complex under the control of a stress inducible promoter sequence wherein the promoter sequence is responsive to a global regulatory circuit; and
(b) measuring an increase in luminescence of said detector organism.

Claim 4

A method of detecting stress on a microorganism population, comprising:

(a) exposing a detector organism to an environmental insult, said organism being genetically engineered to contain an expressible heterologous lux gene complex under the control of a stress inducible promoter sequence wherein the promoter sequence is responsive to a global regulatory circuit; and
(b) measuring a change in luminescence of said detector organism.

Claim 7

A transformed bioluminescent microorganism capable of an increase in bioluminescence upon exposure to a sublethal level of environmental insult, said microorganism comprising:

(a) a stress inducible promoter sequence wherein the promoter sequence is responsive to a global regulatory circuit; and
(b) an expressible lux gene complex under the control of said stress inducible promoter sequence.

Claim 10

E. coli selected from the group consisting of:

(i) TV1076 having ATCC Number 69314 comprising a tolC- mutation and an expressible heterologous lux gene complex under the control of a grpE stress inducible promoter sequence;
(ii) WM1302 having ATCC Number 69316 comprising a tolC- mutation and an expressible heterologous lux gene complex under the control of a dnaK stress inducible promoter sequence;
(iii) TV1060 having ATCC Number 69142 comprising an expressible heterologous lux gene complex under control of a grpE stress inducible promoter sequence;
(iv) TV1061 having ATCC Number 69315 comprising an expressible heterologous lux gene complex under control of a grpE stress inducible promoter sequence;
(v) WM1021 having ATCC Number 69141 comprising an expressible heterologous lux gene complex under control of a dnaK stress inducible promoter sequence;
(vi) WM1026 having ATCC Number 69143 comprising an expressible heterologous lux gene complex under control of a dnaK stress inducible promoter sequence; and
(vii) WM1202 having ATCC Number 69313 comprising an expressible heterologous lux gene complex under control of a dnaK stress inducible promoter sequence.

Claim 11

Nucleic acid molecules, comprising:

(a) a stress inducible promoter sequence wherein the promoter sequence is responsive to a global regulatory circuit; and
(b) an expressible bacterial lux gene complex under control of said promoter sequence.

Note: amended phrases of the independent claims of EP 673439 B2 from EP 673439 B1 are indicated in bold.

The claims are generally drawn towards:

  • a method of detecting environmental stress comprising exposing a detector organism genetically engineered to contain an expressible lux gene complex under the control of a stress inducible promoter sequence (claim 1, 2)
  • a method of detecting stress on a microorganism population comprising exposing a detector organism genetically engineered to contain an expressible lux gene complex under the control of a stress inducible promoter sequence (claim 4)
  • a transformed bioluminescent microorganism capable of an increase in bioluminescence upon exposure to a sublethal level of environmental insult (claim 7)
  • E. coli strains comprising an expressible heterologous lux gene complex under control of a stress inducible promoter sequence (claim 10)
  • nucleic acid molecules comprising a stress inducible promoter sequence and an expressible bacterial lux gene complex (claim 11)

Definitions extracted from the specification are provided in US 5683868.

Comments:

All six independent claims in EP 673439 are relatively broader in scope compared to those of US 5683868 for the following two reasons:

  1. There is no limit on the type of detector organism.
  2. There is no limit on the type of lux genes included in the lux gene complex of the transgenic detector organism (minimum requirements of luxA and luxB are stated in the specification, see definitions for 'lux' provided in US 5683868).

Designated contracting States at the time of grant (as of 4 Jul 2001) are: Austria, Belgium, Switzerland, Germany, Denmark, Spain, France, United Kingdom, Greece, Ireland, Italy, Liechtenstein, Luxembourg, Monaco, Netherlands, Portugal, Sweden

According to European Patent Register, VITO filed an opposition after the initial decision to grant on 23 Jan 1998 based on lack of novelty and insufficient disclosure (referred to their own PCT application WO 1992/15687 and other scientific publication as prior art), after which the claims were amended and the decision to maintain the patent in its amended form issued on 25 May 2001 (amended patent subsequently published on 4 Jul 2001).

US 5683868

  • Earliest priority - 4 Dec 1992
  • Filed - 2 Dec 1993 (check date)
  • Granted - 4 Nov 1997
  • Expected expiry - 4 Nov 2014

Title - Highly sensitive method for detecting environmental insults

Claim 1

A method of detecting the presence of an environmental insult comprising:

(a) exposing a transformed detector E. coli to an environmental insult, the transformed detector E. coli being genetically engineered to contain an expressible heterologous luxCDABE gene complex under the control of a stress-inducible promoter sequence wherein the promoter sequence is responsive to a regulatory circuit; and
(b) measuring an increase in luminescence of the transformed detector E. coli, the increase indicating the presence of an environmental insult.

Claim 2

A method of detecting stress in a population of transformed E. coli comprising:

(a) exposing a population of transformed detector E. coli to an environmental insult, the transformed detector E. coli being genetically engineered to contain an expressible heterologous luxCDABE gene complex under the control of a stress-inducible promoter sequence wherein the promoter sequence is responsive to a global regulatory circuit; and
(b) measuring an increase in luminescence of the transformed detector E. coli, the increase indicating stress.

Claim 8

A transformed bioluminescent E coli capable of an increase in bioluminescence upon exposure to a sublethal level of environmental insult, the transformed bioluminescent E. coli comprising:

(a) a stress inducible promoter sequence wherein the promoter sequence is responsive to a regulatory circuit; and
(b) an expressible heterologous luxCDABE gene complex under the control the stress inducible promoter sequence.

Claim 10

A method of detecting the presence of a environmental insult comprising:

(a) exposing a transformed detector E. coli to a sublethal environmental insult, the transformed detector E. coli being genetically engineered to contain an expressible heterologous luxCDABE gene complex under the control of a stress-inducible promoter sequence wherein the promoter sequence is responsive to a regulatory circuit; and
(b) measuring an increase in luminescence of the transformed detector E. coli, the increase indicating the presence of an environmental insult.

Claim 11

E. coli selected from the group consisting of:

(i) TV1076 having ATCC Number 69314 comprising a tolC- mutation and an expressible heterologous lux gene complex under the control of a grpE stress inducible promoter sequence;
(ii) WM1302 having ATCC Number 69316 comprising a tolC- mutation and an expressible heterologous lux gene complex under the control of a dnaK stress inducible promoter sequence;
(iii) TV1060 having ATCC Number 69142 comprising an expressible heterologous lux gene complex under control of a grpE stress inducible promoter sequence;
(iv) TV1061 having ATCC Number 69315 comprising an expressible heterologous lux gene complex under control of a grpE stress inducible promoter sequence;
(v) WM1021 having ATCC Number 69141 comprising an expressible heterologous lux gene complex under control of a dnaK stress inducible promoter sequence;
(vi) WM1026 having ATCC Number 69143 comprising an expressible heterologous lux gene complex under control of a dnaK stress inducible promoter sequence; and
(vii) WM1202 having ATCC Number 69313 comprising an expressible heterologous lux gene complex under control of a dnaK stress inducible promoter sequence.

Claim 12

A nucleic acid molecule, comprising:
(a) a stress inducible promoter sequence wherein said promoter sequence is responsive to a regulatory circuit; and
(b) an expressible bacterial luxCDABE gene complex under control of said promoter sequence.

The claims are generally drawn towards:

  • a method of detecting the presence of an environmental insult comprising exposing E. coli engineered to contain an expressible heterologous luxCDABE gene complex under the control of a stress-inducible promoter sequence (claim 1, 10)
  • a method of detecting stress in a population of transformed E. coli comprising exposing E. coli engineered to contain an expressible heterologous luxCDABE gene complex under the control of a stress-inducible promoter sequence (claim 2)
  • a transformed bioluminescent E. coli capable of an increase in bioluminescence upon exposure to a sublethal level of environmental insult (claim 8)
  • E. coli strains comprising an expressible heterologous lux gene complex under control of a stress inducible promoter sequence (claim 11)
  • a nucleic acid molecule comprising a stress inducible promoter sequence and an expressible bacterial luxCDABE gene complex (claim 12)

Definitions extracted from the specification are:

  • Promoter - a sequence of DNA, usually upstream of (5' to) the protein coding sequence of a structural gene, which controls the expression of the coding region by providing the recognition for RNA polymerase and/or other factors required for transcription to start at the correct site.
  • lux - the lux structural genes which include luxA, luxB, luxC, luxD and luxE and which are responsible for the phenomenon of bacterial bioluminescence. A lux gene complex might include all of the independent lux genes, acting in concert, or any subset of the lux structural genes so long as luxA and luxB are part of the complex.
  • Stress - the condition produced in a cell as the result of exposure to an environmental insult.
  • Environmental insult - any substance or environmental change that results in an alteration of normal cellular metabolism in a bacterial cell or population of cells.
  • Stress-inducible promoter - any promoter capable of activating a stress gene and causing increased expression of the stress gene product.
  • Detector organism (E. coli) - organism (E. coli) which contains a gene fusion consisting of a stress inducible promoter fused to a structural gene and which is capable of expressing the lux gene products in response to an environmental insult.
  • Regulatory circuit - there is no definition for this term. Table 1 in the specification lists the following circuits with corresponding stimuli, regulatory genes and responding genes: heat shock, SOS, H2O2, superoxide, fatty acid starvation, universal stress, resting state, stringent, catabolite activation, P utilization, and N utilization.
  • Subelethal level - levels below those needed to affect cell metabolism.

Comments:

Similar to the limitations added to the scope of the six independent claims granted in CA 2150232, claims granted in US 5683868 have the following limitations:

  1. The detector organism is limited to E. coli
  2. The lux gene complex must contain all five genes, luxA, luxB, luxC, luxD and luxE.

According to the examples provided in the specification, tolC- mutations of E. coli strains ATCC 69314 and ATCC 69316 in claim 11 confer inhanced permeability of organic compounds into the E. coli cells.

WO 1994/13831

  • Earliest priority - 4 Dec 1992
  • Filed - 2 Dec 1993
  • Published - 23 Jun 1994
  • Expected expiry - not applicable

Title - A highly sensitive method for detecting environmental insults

Claim 1

A method of detecting environmental stress comprising:

(a) exposing a detector organism to an environmental insult, said organism being genetically engineered to contain an expressible lux gene complex under the control of a stress inducible promoter sequence; and
(b) measuring a change in luminescence of said detector organism.

Claim 2

A method of detecting environmental stress comprising:

(a) exposing a detector organism to a sublethal environmental insult, said organism being genetically engineered to contain an expressible lux gene complex under the control of a stress inducible promoter sequence; and
(b) measuring an increase in luminescence of said detector organism.

Claim 4

A method of detecting stress on a microorganism population, comprising:

(a)  exposing a detector organism to an environmental insult, said organism being genetically engineered to contain an expressible heterologous lux gene complex under the control of a stress inducible promoter sequence; and
(b)  measuring a change in luminescence of said detector organism.

Claim 7

A transformed bioluminescent microorganism capable of an increase in bioluminescence upon exposure to a sublethal level of environmental insult, said microorganism comprising:

(a) a stress inducible promoter sequence; and
(b) an expressible lux gene complex under the control of said stress inducible promoter sequence.

Claim 10

E. coli selected from the group consisting of:

(i) TV1076 having ATCC Number 69314 comprising a tolC mutation and an expressible heterologous lux gene complex under the control of a grpE stress inducible promoter sequence;
(ii) WM1302 having ATCC Number 69316 comprising a tolC mutation and an expressible heterologous lux gene complex under the control of a dnaK stress inducible promoter sequence;
(iii) TV1O6O having ATCC Number 69142 comprising an expressible heterologous lux gene complex under control of a grpE stress inducible promoter sequence;
(iv) TV1061 having ATCC Number 69315 comprising an expressible heterologous lux gene complex under control of a grpE stress inducible promoter sequence;
(v) W141021 having ATCC Number 69141 comprising an expressible heterologous lux gene complex under control of a dnaK stress inducible promoter sequence;
(vi) WM1026 having ATTC Number 69143 comprising an expressible heterologous lux gene complex under control of a dnaK stress inducible promoter sequence; and
(vii) Wb41202 having ATCC Number 69313 comprising an expressible heterologous lux gene complex under control of a dnaK stress inducible promoter sequence.

Claim 11

Nucleic acid molecules, comprising:

(a) a stress inducible promoter sequence; and
(b) an expressible bacterial lux gene complex under control of said promoter sequence.

The claims are generally drawn towards:

  • a method of detecting environmental stress comprising exposing a detector organism genetically engineered to contain an expressible lux gene complex under the control of a stress inducible promoter sequence (claim 1, 2)
  • a method of detecting stress on a microorganism population comprising exposing a detector organism genetically engineered to contain an expressible lux gene complex under the control of a stress inducible promoter sequence (claim 4)
  • a transformed bioluminescent microorganism capable of an increase in bioluminescence upon exposure to a sublethal level of environmental insult (claim 7)
  • E. coli strains comprising an expressible heterologous lux gene complex under control of a stress inducible promoter sequence (claim 10)
  • nucleic acid molecules comprising a stress inducible promoter sequence and an expressible bacterial lux gene complex (claim 11)

Definitions extracted from the specification are provided in US 5683868.

Comments:

Since this is a published application and not a granted patent, there are no enforceable rights.

Remarks
  1. National phase entry of WO 1994/13831 in Australia (AU 5730494) has lapsed on 25 Aug 1995.
  2. National phase entry of WO 1994/13831 in South Africa (ZA 9309078) was published as granted on 5 Jun 1995.

Search strategy

This patent was identified as reference to WO 1997/41251 titled 'Recombinant nucleic acid sequences and methods for determining both genotoxicity and mutagenicity of a sample and the kinetics of the genetoxicity' filed by VITO.

Patent application filed and patents owned by Virta and Karp

Technology overview

A research team lead by Dr Matti Karp at the Department of Biotechnology, University of Turku, created a 'shuttle vector' containing a replication of origin for both E. coli and B. subtilis, and inserted a firefly luciferase gene (lucFF).  This plasmid pCSS810 was added with either merR (mercury resistance gene, including the regulatory (control) region), arsR (arsenic resistance gene, including the regulatory (control) region), or cad (regulatory region of the cadmium resistance gene), and introduced into E. coli and B. subtilis to produce a reporter organism that detects mercury, arsenic or cadmium, respectively.  They have filed a PCT application, from which the US national phase entry has been granted.  Related journal articles concerning this research are:

Details of patent documents

Patent or publication no.

Title, Independent claims and Summary

Assignee and licensing information

US 5776681

  • Earliest priority - 17 Jan 1994
  • Filed - 15 Sept 1995
  • Granted - 7 Jul 1997
  • Expected expiry - 15 Sept 2015

Title - Method for determining a metal present in a sample

Claim 1

A method for determining a heavy metal in a sample comprising;

a) providing a cell comprising a recombinant DNA plasmid, said plasmid comprising a gene coding for an insect luciferase or a green fluorescent protein (GFP) marker protein, wherein the copy number of said plasmid is under the control of a promoter regulatable by a heavy metal, and wherein said promoter controls the origin of replication of said plasmid;
b) contacting said cell with a sample which contains said heavy metal;
c) allowing said heavy metal to affect said cell, whereafter the amount of said marker protein is determined;
d) comparing the amount of said marker protein with a control in which no metal was present or in which the heavy metal was present in a known amount, whereby the presence and/or amount of said heavy metal is determined.

Claim 7

A method for the determination of a heavy metal in a sample, comprising:

a) providing a cell comprising a recombinant DNA plasmid, said plasmid comprising a gene coding for an insect luciferase or a green fluorescent protein (GFP) marker protein, and having a copy number between 1 and 2000/cell, wherein the expression of said marker protein sequence being (missing?: under the control of a promoter regulatable by?) a heavy metal, and wherein said promoter controls the origin of the replication of said plasmid;
b) contacting said cell with a sample which contains said heavy metal;
c) allowing said heavy metal to affect said cell, whereafter the amount of said marker protein is determined;
d) comparing the amount of said marker protein with a control in which no metal was present or in which it was present in a known amount, whereby the presence and amount of said heavy metal is determined.

Claim 22

The plasmid pMV1 (DSM Deposit No. 8708).

Claim 23

The plasmid pMV3 (DSM Deposit No. 8893).

Claim 24

The plasmid pTOO21 (DSM Deposit No. 9666).

Claim 25

The plasmid pTOO23 (DSM Deposit No. 9667).

The claims are generally drawn towards:

  • a method for determining a heavy metal in a sample comprising providing a cell comprising a gene coding for an insect luciferase or a green fluorescent protein (GFP) marker protein that is under the control of a promoter regulatable by a heavy metal (claim 1)
  • a method for determining a heavy metal in a sample comprising providing a cell comprising a recombinant DNA plasmid comprising a gene coding for an insect luciferase or a green fluorescent protein (GFP) marker protein having a copy number between 1 and 2000/cell (claim 7)
  • plasmid pMV1 (claim 22)
  • plasmid pMV3 (claim 23)
  • plasmid pTOO21 (claim 24)
  • plasmid pTOO23 (claim 25)

Definitions extracted from the specification are:

  • Heavy metals - There is no definition for this term. Examples provide detection of mercury, arsenic, and cadmium.
  • Sample - There is no definition for this term. Dependent claim 21 and 30 raise the following samples that may be tested: milk, foodstuffs or their packaging materials, serum, urine, saliva, sediments, industrial process waters, waste waters, and environmental waters.
  • Cell - There is no definition for this term. Dependent claims 5 and 12 recite E. coli, and dependent claim 13 recites B. subtilis cells.

Comments:

The four plasmids in the independent claims above contain the following genes:

  • plasmid pMV1 - merR linked to luc
  • plasmid pMV3 - plasmid pMV1 with a low copy plasmid pOU61
  • plasmid pTOO21 - arsR linked to luc
  • plasmid pTOO23 - control region of cad linked to luc

Virta, Marko
          Vähä-Hämeenkatu 12 B 27
20500 Turku/FI

Karp, Matti

Tapulikatu 6 A 22
20810 Turku/FI

WO 1995/19446

  • Earliest priority - 17 Jan 1994
  • Filed - 17 Jan 1995
  • Published - 20 Jul 1995
  • Expected expiry - not applicable

Title - Method for determining a metal present in a sample

Claim 1

A method for determining a metal in a sample, characterized in that

a)    a recombinant DNA plasmid the copy number of which is under the control of a promotor regulatable by the metal is transferred into a cell;
b)    the cell containing the recombinant DNA plasmid is contacted with the sample which contains a metal, for example by incubating them together, in which case the passing of the metal into the cell either is passive or there is a mechanism for it in the cell;
c)    the metal is allowed to affect for a suitable time the cell which contains the recombinant DNA plasmid, whereafter the amount of recombinant DNA plasmid is determined by either physical or chemical means;
d)    the amount of recombinant DNA plasmid is compared by chemical or physical methods with a control test in which no metal was present and/or it was present in a known amount in a reaction, whereby the presence and/or amount of the metal can be determined.

Claim 9

A method for the determination of a metal in a sample, characterized in that

a)    a recombinant DNA plasmid having a constant copy number between 1 and 2000/cell is transferred into a cell, and the plasmid contains as a marker protein a DNA sequence coding for a virus, procaryotic cell or eucaryotic cell protein, or a portion thereof, essential in terms of its biological activity, the expression of the DNA sequence being under the control of a promoter regulatable by means of the metal and being controlled by negative and/or positive feedback;
b)    the cell containing the recombinant DNA plasmid is contacted with a sample which contains metal, for example by incubating them together, in which case the passing of the metal into the cell either is passive or there is a separate mechanism for it in the cell;
c)    the metal is allowed to affect for a suitable time the cell which contains the recombinant DNA plasmid, whereafter the amount of protein coded for by recombinant DNA plasmid is determined by either physical or chemical means;
d)    the amount of the protein coded for by the recombinant DNA plasmid is compared by chemical or physical means with a control test in which no metal was present and/or it was present in a known amount in a reaction, whereby the presence and/or amount of the metal can be determined.

Claim 26

The plasmid pMV1, which has been deposited with the depository DSM under deposit number 8708.

Claim 27

The plasmid pMV3, which has been deposited with the depository DSM under deposit number 8893.

Claim 28

The plasmid pTOO21, which has been deposited with the depository DSM under deposit number 9666.

Claim 29

The plasmid pTOO23, which has been deposited with the depository DSM under deposit number 9667.

The claims are generally drawn towards:

  • a method for determining a metal in a sample  (claim 1, 9)
  • plasmid pMV1 (claim 26)
  • plasmid pMV3 (claim 27)
  • plasmid pTOO21 (claim 28)
  • plasmid pTOO23 (claim 29)

Definitions extracted from the specification are provided in US 5776681 (see above).

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

Remarks

  1. National phase entry of WO 1995/19446 in Europe (EP 689608) is deemed to be withdrawn on 12 Feb 2003.
  2. Other related patent documents include FI 95484 (granted in Finland, patent expired as reported on 31 Jul 2005 by INPADOC) and FI 95484 (published unexamined application, expired as reported on 31 Jul 2005 by INPADOC).

Search strategy

Search details

Date of search

03/07/2006

Database searched

Patent Lens

Type of search

Structured, stemming on

Collections searched

AU-B, US-A, US-B, EP-B, WO

Search terms

arsenate AND (Karp in inventor)

Results

9

Comments

Of the 9 results identified using these search terms, one result was identified as being of particular interest based on their abstracts and a review of their claims.

Patent applications filed and patents owned by Bio-Orbit Oy

Technology overview

Dr Matti Korpela and Dr Matti Karp (Department of Biochemistry, University of Turku at the time of filing) developed a recombinant DNA plasmid, the replication of which could be regulated by an exogenous stimulant by subjecting a constitutive promoter under the control of a repressor gene (high temperature is provided in the examples in the patent document) and contained a luciferase gene.  This plasmid was introduced into E. coli, and was used as a reporter that detects the presence of agents (e.g. cadmium, antibiotics, UV light) that in any way affect the cell machinery by introducing a sample containing an agent, inducing plasmid replication with the stimulant, and detecting the level of decrease in light emission.  The related non-patent publication of this technology is Korpela M and Karp M (1988).  Stable light-producing Escherichia coli.  Biotechnol Lett. 10(6):383-388.

Bio-Orbit Oy was a company based in Helsinki that developed and distributed luminometers and related reagents.  This company was later bought by Thermo LabSystems Oy in 1999 (which is a subsidiary of Thermo Electron Corp., MA, USA).

Details of patent documents

Patent or publication no.

Title, Independent Claims and Summary

Assignee and licensing information

EP 469021

  • Earliest priority - 20 Apr 1989
  • Filed - 20 Apr 1990
  • Granted - 15 Nov 1995
  • Expected expiry - 20 Apr 2010

Title - Determination of factors affecting gene regulation and/or gene replication

Claim 1

A method for determining the presence or amount of a factor in a sample to be tested, wherein the factor affects directly or indirectly the DNA, RNA and/or proteins of the cell or the synthesis mechanisms thereof, characterized in

a) incubating a sample to be tested with a population of transformed cells for a period sufficient to allow said factor, if present in the sample, to affect said cells, said cells being transformed with a recombinant-DNA plasmid, the replication of said plasmid being subject to a regulatable promoter, which can be induced by an exogenous stimulus independent of replication of the cells;
b) then applying said exogenous stimulus to said cells to induce replication of said plasmid, whereupon the copy number of the plasmid will begin to increase in the cell, if the factor has not affected the plasmid by inhibiting the replication; and
c) the change in the copy number of the recombinant-DNA plasmid in the cell is determined directly or indirectly, and compared with a reference test in which the factor was not present or in which it was present in a known amount, and thereby the presence or the amount of the factor is determined.

Claim 8

A method for determining the presence or amount of a factor in a sample to be tested, wherein the factor affects directly or indirectly the DNA, RNA and/or proteins of the cell or the synthesis mechanisms thereof, characterized in

a) incubatiang a sample to be tested with a population of transformed cells for a period sufficient to allow said factor, if present in the sample, to affect said cells, said cells being transformed with a high copy number recombinant DNA plasmid containing a DNA sequence encoding a marker protein or a part thereof essential to the biological activity of said protein, said sequence being coupled to a regulatable promoter such that expression of said marker protein is inducible by an exogenous stimulus;
b) then applying said exogenous stimulus to said population of cells to induce expression of said marker protein, whereby the amount of the marker protein in the cell starts to grow, if the factor has not affected the protein synthesis directly or indirectly;
c) determining the amount of the marker protein expressed by said population of cells, and comparing said amount with a reference test in which the factor was not present or in which it was present in a known amount, and thereby the presence or the amount of the factor is determined.

The claims are generally drawn towards:

  • a method for determining the presence or amount of a factor that affects directly or indirectly the DNA, RNA and/or proteins of the cell or the synthesis mechanisms thereof (claim 1, 8)

Definitions extracted from the specification are provided in WO 1990/12887.

Comments:

Designated contracting States at the time of grant are Germany (lapsed as reported by INPADOC), Spain, France, United Kingdom, Italy, Netherlands.

The two independent claims introduced above in EP 469021 have been granted without substantial limitations being added from WO 1990/12887.

Bio-Orbit Oy

(now owned by Thermo  Labsystems Oy)

Ratastie 2
01620 Vantaa
Finland

Ph +358-9-329100
Fax +358-9-32910500

US 6475719

  • Earliest priority - 20 Apr 1989
  • Filed - 21 Oct 1991
  • Granted - 5 Nov 2002
  • Expected expiry - 5 Nov 2022

Title - Determination of factors affecting gene regulation and/or gene replication

Claim 1

A method for determining the presence or amount of at least one inhibitory factor in the sample to be tested, wherein the inhibitory factor inhibits one or more of DNA synthesis, transcription of DNA, translation of RNA, cell wall synthesis, cell membrane function or metabolic functions which participate in or influence these processes, said method comprising:

a) incubating a sample to be tested with a population of transformed cells for a period sufficient to allow an inhibitory factor, if present in the sample, to affect said cells, said cells being transformed with a recombinant DNA plasmid, and replication of said plasmid being inducible by an exogenous stimulus independent of replication of the cells and further wherein said cells are sensitive to inhibition by the inhibitory factor;
b) then applying said exogenous stimulus to said cells in an amount sufficient to induce replication of said plasmid in the absence of the inhibitory factor; and
c) determining the amount of DNA produced by said population of cells, the amount of the inhibitory factor in said sample being correlated with a reduction in the amount of DNA produced compared to the amount of DNA produced by a like cell population by application of a like amount of exogenous stimulus in the absence of said sample.

Claim 10

A method for determining the presence or amount of at least one inhibitory factor in the sample to be tested, wherein the inhibitory factor inhibits one of more of DNA synthesis, transcription of DNA, translation of RNA, cell wall synthesis, cell membrane function or metabolic functions which participate in or influence these processes, said method comprising:

a) incubating a sample to be tested with a population of transformed cells for a period sufficient to allow the inhibitory factor, if present in the sample, to affect said cells, said cells being transformed with a high copy number recombinant DNA plasmid containing a sequence encoding a marker protein which is detectable when expressed, said sequence being coupled to a regulatable promoter such that expression of said marker protein is inducible by an exogenous stimulus;
b) then applying said exogenous stimulus to said population of cells in an amount sufficient to induce expression of said marker protein in the absence of the inhibitory factor; and
c) determining the amount of said marker protein expressed by said population of cells, the amount of the inhibitory factor in the sample being correlated with a reduction in the amount of said marker protein produced compared to the amount of said marker protein produced by a like cell population by application of a like amount of exogenous stimulus in the absence of the sample.

Claim 27

A method for determining the presence of at least one inhibitory factor selected from the group consisting of ampicillin, chloramphenicol, oxytetracycline, streptomycin, erythromycin, ofloxacin, ciprofloxacin, actinomycin and trimethoprim in a sample of a biological fluid selected from the group consisting of blood, plasma, serum, urine, semen and milk, said method comprising:

a) obtaining a population of cells transformed with a high copy number recombinant DNA plasmid containing a sequence encoding luciferase, wherein said sequence is coupled to a regulatable promoter such that expression of said sequence is inducible by application of a chemical inducer to cells containing said plasmid;
b) incubating said sample with said cell population in a medium suitable for growth of said cells for a period sufficient to allow said inhibitory factor if present to affect said cells;
c) then applying said chemical inducer to said cells in an amount which in the absence of said inhibitory factor is sufficient to induce expression of said sequence; and
d) determining the amount of luciferase expressed by said cell population, the amount of said inhibitory factor in said sample being correlated with the reduction in the amount of luciferase produced relative to the amount of luciferase produced by a like cell population by application of a like amount of said chemical inducer in the absence of said sample.

The claims are generally drawn towards:

  • a method for determining the presence or amount of at least one inhibitory factor that inhibits one or more of DNA synthesis, transcription of DNA, translation of RNA, cell wall synthesis, cell membrane function or metabolic functions which participate in or influence these processes (claim 1, 10)
  • a method for determining the presence of at least one inhibitory factor (selected from the group consisting of eight entibiotics) in a sample of a biological fluid (selected from the group consisting of six fluids) (claim 27)

Definitions extracted from the specification are provided in WO 1990/12887.

Comments:

The main limitation that has been added to the granted independent claims introduced above is that the reporting signal in response to an "inhibitory factor" must be "a reduction in the amount of DNA produced" with cells exposed to an inhibitory factor, when compared with cells without such exposure.

WO 1990/12887

  • Earliest priority - 20 Apr 1989
  • Filed - 20 Apr 1990
  • Claims amended - 17 Sept 1990
  • Published - 1 Nov 1990
  • Expected expiry - not applicable

Title - Determination of factors affecting gene regulation and/or gene replication

Claim 1

A method for determining a factor affecting a cell, the factor affecting the DNA, the RNA and/or proteins of the cell or the synthesis machineries thereof, characterized in that

a) into the cell is transferred a recombinant DNA plasmid, in which the starting point or points of the machinery responsible for the replication are subject to a regulatable promoter, which can be controlled either by a positive or a negative feedback;
b) the cell containing the recombinant DNA plasmid is brought into contact with the affecting factor;
c) the affecting factor is allowed to affect the cell containing the recombinant DNA plasmid for a suitable time, and subsequently the promoter regulating the starting point of the machinery responsible for the replication of the recombinant DNA plasmid is activated, whereby the copy number of the plasmid starts growing in the cell, unless the affecting factor has not affected the plasmid in a manner inhibiting the replication;
d) the shift of the copy number of the recombinant DNA plasmid is determined directly or indirectly.

Claim 8

A method for determining a factor affecting the cell, the factor affecting directly or indirecty the DNA, RNA and/or proteins of the cell or their synthesis machineries, characterized in that

a) to the cell is transferred a recombinant DNA plasmid, present in many copies in the cell and the plasmid contains as a marker protein a protein of a virus, a procaryotic cell or an eucaryotic cell or a DNA sequence encoding a part essential with regard to its biological activity, the expression of which is subject to a regulatable promoter and is controlled either by a negative or a positive feedback;
b) the cell containing the recombinant DNA plasmid is brought into contact with the affecting factor;
c) the affecting factor is allowed to affect the cell containing the recombinant DNA plasmid for a suitable time, after which the regulatable promoter controlling the expression of the marker protein of the recombinant DNA plasmid is activated, whereby the amount of marker protein in the cell starts to grow, unless the affecting factor has affected the protein synthesis directly or indirectly;
d) the change of the amount/activity of the marker protein encoded by the recombinant DNA plasmid is measured.

The claims are generally drawn towards:

  • a method for determining the presence or amount of a factor that affects directly or indirectly the DNA, RNA and/or proteins of the cell or the synthesis mechanisms thereof (claim 1, 8)

Definitions extracted from the specification are:

  • Cell - procaryotic and eucaryotic organisms
  • Regulatable promoter - there is no definition for this term, therefore there is no apparent limitation on the type of regulatable promoter that can be used.  A subsequent dependent claim recites the following promoter sequences: "a strong promoter selected from the group consisting of lambda PL and PR promoters, lac, trp, and hybrid tac promoters".  The term 'regulatable promoter' may be different to the definition of 'inducible promoter' that is used in other bioindicator systems, as the 'regulatable promoter' in this patent application is a constitutive promoter that is repressed by a repressor gene, whereas an 'inducible promoter' is a non-constitutive promoter that is directly induced when a stimulant is present.
  • Many copies - there is no definition for this term. Examples of plasmid copy numbers that are provided in the specification are:
    • pCSS112 (ori under control of the PL promoter from lambda phage) - 60
    • pCSS108 (ori under control of the lac promoter from E. coli) - 600
  • Marker protein - there is no limitation on the type of marker protein that can be used.  A subsequent dependent claim recites the following genes: "selected from the group consisting of alpha-amylase, alkaline phosphatase, β-galactosidase, luciferase, peroxidase, T4 lysozyme, β-glucuronidase, oxidoreductase and pyrophosphatase".

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

The term 'regulatable promoter' is different to the definition of 'inducible promoter' that is used in other bioindicator systems, as the 'regulatable promoter' in this patent application is a constitutive promoter that is repressed by a repressor gene, whereas an 'inducible promoter' is a non-constitutive promoter that is directly induced when a stimulant is present.

Remarks

Two related patents have been granted in Finland (FI 891899, granted 31 Aug 2004; FI 88309, granted 31 Aug 2004).

Search strategy

Search details

Date of search

03/07/2006

Database searched

Patent Lens

Type of search

Structured, stemming on

Collections searched

AU-B, US-A, US-B, EP-B, WO

Search terms

cadmium AND (Korpela in inventor)

Results

3

Comments

Of the 3 results identified using these search terms, one result was identified as being of particular interest based on their abstracts and a review of their claims.

Patent applications filed by Eawag Eidg.Anstalt Fur Wasserversorgung

Technology overview

Dr Jan Roelof van der Meer (at the Swiss Federal Institute for Environmental Science and Technology (EAWAG) at the time of filing) developed transgenic E. coli that detects arsenic pollutants in water samples by introducing into E. coli DH5-alpha a plasmid containing (in 5' to 3' order) the arsR promoter (containing first ArsR binding site), arsR, second ArsR binding site, and luxAB.  Introduction of the second ArsR binding site after arsR reduces background expression of luciferase, thereby enhancing the senstitivity of arsenate/arsenite detection by 200 fold. Elimination of background luminescense also enabled development of a simple colorimetric test for arsenate/arsenite detection.  The related non-patent publication of this technology is Stocker J, Balluch D, Gsell M, Harms H, Feliciano J, Daunert S, Malik KA, van der Meer JR. (2003).  Development of a set of simple bacterial biosensors for quantitative and rapid measurements of arsenite and arsenate in potable water.  Environ Sci Technol. 37(20):4743-50.[add a comment]

Details of patent documents

Patent or Publication no.

Title, Independent Claims and Summary

Assignee and licensing information

EP 1367134
  • Earliest priority - 31 May 2002
  • Filed - 31 May 2002
  • Application deemed to be withdrawn - 16 Mar 2005
  • Expected expiry - not applicable

Title - Method of detecting arsenic ions with indicator bacteria

Claim 1

A biologically based test system for the detection of inorganic and organic pollutants in water samples comprising

  • a genetically modified bacterium producing a marker protein upon induction of a regulatory protein, wherein
    • the activity of said regulatory protein is induced by the presence of said pollutant, characterized in that said genetically modified bacterium comprises at least one additional DNA binding site for the regulatory protein.

The claims are generally drawn towards:

  • a biologically based test system for the detection of inorganic and organic pollutants in water samples (claim 1)

Definitions extracted from the specification are provided in US 2005/255444.

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.


Eawag Eidg.Anstalt Fur Wasserversorgung (AU 2003/240673, EP 1367134, WO 2003/102223)

Uberlandstrasse 133, CH-8600 Dubendorf
Switzerland

Ph +41 (0)44 823 55 11
Fax +41 (0)44 823 50 28

UFZ-Umweltforschungszentrum Leipzig-Halle GmbH (EP 1509616, US 2005/255444)

Permoserstrasse 15
04318 Leipzig
Germany

Technology transfer patents and license contacts:

Dr. Matthias Remmler
E-mail: matthias.remmler@ufz.de

Ph +49 (0)341 235 2114
Fax +49 (0)341 235 2745

Michaela Pampel
E-mail: michaela.pampel@ufz.de

Ph +49 (0)341 235-2337
Fax +49 (0)341 235-2575

US 2005/255444

  • Earliest priority - 31 May 2002
  • Filed - 9 Jun 2005
  • Application pending
  • Expected expiry - not applicable

Title - Method of detecting arcenic ions with indicator bacteria

Claim 20

A biologically based test system for the detection of inorganic and organic pollutants in water samples, comprising

  • a genetically modified bacterium producing a marker protein upon induction of a regulatory protein, wherein
    • the activity of said regulatory protein is induced by the presence of said pollutant, wherein said genetically modified bacterium comprises at least one additional DNA binding site for the regulatory protein.

The claims are generally drawn towards:

  • a biologically based test system for the detection of inorganic and organic pollutants in water samples (claim 20)

Definitions extracted from the specification are:

  • Pollutant - there is no definition for this term. Subsequent dependent claims recite that the pollutant be "inorganic" or "arsenite and arsenate".
  • Bacterium - there is no limit on the type of bacterium that may be used.  Subsequent dependent claims recite that the bacterium be "selected from the group comprising the bacteria Ralstonia metallidurens, Pseudomonas aeruginosa, Staphylococcus aureus and Escherichia coli".
  • Marker protein - the activity... is usually measured by a luminometer.  A subsequent dependent claim recites the marker protein to be "selected from the group consisting of alkaline phosphatase (PhoA), chloramphenicol acetyl transferase (CAT-gene), catechol dioxygenase (XyIE), bacterial luciferase (LuxAB), eukaryotic luciferase (Luc) beta-galactosidase (LacZ), and green fluorescent protein (GFP)".
  • Regulatory protein - there is no definition for this term.  A subsequent dependent claim recites the regulatory protein to be "the ArsR protein of the ars operon of the plasmid R773 or any other ArsR protein...".

Comments:

Claims 1-20 have been cancelled.
Since this is a published application and not a granted patent, currently there are no enforceable rights.

WO 2003/102223

  • Earliest priority - 31 May 2002
  • Filed - 19 May 2003
  • Published - 11 Dec 2003
  • Expected expiry - not applicable

Title - Method of detecting arcenic ions with indicator bacteria

Claim 1

A  biologically based test system for the detection of inorganic and organic pollutants in water samples comprising

  • a genetically modified bacterium producing a marker protein upon induction of a regulatory protein, wherein
    • the activity of said regulatory protein is induced by the presence of said pollutant, characterized in that said genetically modified bacterium comprises at least one additional DNA binding site for the regulatory protein.

The claims are generally drawn towards:

  • a biologically based test system for the detection of inorganic and organic pollutants in water samples (claim 1)

Definitions extracted from the specification are provided in US 2005/255444.

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

Remarks
  1. National phase entry of WO 2003/102223 in Australia (AU 2003/240673) has lapsed on 4 Feb 2005.
  2. National phase entry of WO 2003/102223 in Europe (EP 1509616) is pending.

Search strategy

Search details

Date of search

03/07/2006

Database searched

Patent Lens

Type of search

Structured, stemming on

Collections searched

AU-B, US-A, US-B, EP-B, WO

Search terms

zinc AND (meer in inventor)

Results

33

Comments

Of the 33 results identified using these search terms, one result was identified as being of particular interest based on their abstracts and a review of their claims.

Detection of explosives

Summary

Explosives, in particular landmines have been heavily used as warfare since the end of World War II.  The International Campaign to Ban Landmines (www.icbl.org) have estimated the number of landmine affected nations to exceed 80 and annual casualties due to landmines between 15000 and 20000 as of January 2004.  Several countries including Russia, United States, and some Asian countries still produce antipersonnel landmines.  Along with development of landmines in such countries that are becoming more difficult to detect, there is ongoing development in the scientific field of their detection.  Current methods of landmine and explosive detection are:[add a comment]

All of the methods above have a common critical problem in that they require the operating human being to be close to the landmine or explosive that is to be detected.  Areal surveys have not yet delivered an effective remote sensing method, as landmines can be contained plastic casings that can not be picked up by radar.  Molecular biologists and biotech companies such as Dr Michael Deyholos at the University of Alberta, Dr Robert Burlage at the Oak Ridge National Laboratory, Tennessee, Dr C. Neal Stewart, Jr. at the University of Tennessee Institute of Agriculture, and Aresa Biodetection have considered use of genetically modified organisms that detect chemicals leaching from the landmines as an alternative to the above mentioned manual survey methods.[add a comment]

This chapter contains a granted US patent owned by Lockheed Martin Energy Research Corporation, which claims a method to detect explosives using a recombinant microorganism.[add a comment]

Similar to the chapter on detection of metal and other toxic compounds, chapter 7 - Biosensing systems contains a patent family with examples of transgenic Arabidopsis thaliana plants that detect explosives and landmines.  (WO 2003/100068: Reporter system for plants by Aresa Biodetection APS).  However, as the patent documents in this family are applications that have claims that are broader in scope than the examples, they are not presented in this chapter.[add a comment]

Reference

Hussein EM, Waller EJ. (2000).  Landmine detection: the problem and the challenge.  Appl Radiat Isot. 53(4-5):557-63.[add a comment]

Moszynski P. (2004).  Landmine casualties are falling, but the wounded need more help.  BMJ. 329(7477):1256.[add a comment]

Patent owned by Lockheed Martin Energy Research Corporation

Technology overview

Lockheed Martin Corporation is a US company (headquarters located in Bethesda, Maryland) that conducts business in the areas of aeronautics, electronic systems, IT services, integrated systems and solutions, and space systems.  Lockheed Martin Energy Research Corporation (Lockheed Martin facility in Oak Ridge, Tennessee) manages the Oak Ridge National Laboratory, where Dr Robert Burlage conducted research on transgenic Bacillus subtilis that can detect explosives (as indicated by the presence of trinitrotoluene, TNT).  The inventors have enabled the technology described in this granted US patent by providing an example producing transgenic Bacillus subtilis containing the salt stress gene (csb) regulatory element of B. subtilis upstream of the green fluorescent protein (GFP) gene from Aequorea victoria.

Details of the patent document

Patent or Publication No.

Title, Independent Claims and Summary

Assignee and licensing information

US 5972638

  • Earliest priority - 31 Jan 1997
  • Filed - 31 Jan 1997
  • Granted - 26 Oct 1999
  • Expected expiry - 31 Jan 2017

Title - Method for detection of buried explosives using a biosensor

Claim 1

A method of detecting explosives buried beneath the surface of the ground, comprising:

  1. spraying a biological sensor comprising a recombinant bacterial organism that responds to contact with said explosives by producing a detectable signal, on the surface of the ground in an area believed to be contaminated by said buried explosives, so that the biological sensor contacts soil of said surface of said ground believed to contain the buried explosives;
  2. allowing a sufficient time to pass to enable the biological sensor to react with explosive residue in said soil to produce a visually detectable signal; and
  3. examining said surface of the ground believed to contain said buried explosives for said visually detectable signal.

Claim 15

A method of detecting explosives buried beneath the surface of the ground, comprising the steps of:

1) spraying a biological sensor comprising a recombinant bacterial organism that responds to contact with said explosives by producing a detectable signal on the surface of the ground in an area believed to contain said buried explosives, wherein said surface of said ground is believed to be contaminated by vapors from said explosives, under conditions such that said biological sensor contacts the soil of said surface of said ground believed to contain the buried explosives;

2) allowing a sufficient time to pass to enable the biological sensor to react with explosive residue from said buried explosives in said soil to produce a visually detectable signal; and

3) examining said soil of said ground surface believed to contain said buried explosives for said visually detectable signal.

Claim 22

A method of detecting explosive residue in soil comprising the steps of:

a) providing:

    i) a biological sensor comprising a recombinant bacterial strain, and
    ii) a soil sample suspected of containing detectable levels of explosive residue; and

b) contacting said soil sample with said biological sensor under conditions such that a detectable signal is produced in the presence of said detectable levels of explosive residue.

Claim 29

A method of detecting explosive residue in soil comprising the steps of:

a) providing:

   i) a biological sensor comprising a recombinant bacterial strain, wherein said recombinant bacterial strain is selected from the group consisting of recombinant Pseudomonas, Escherichia and Bacillus, and
   ii) a soil sample suspected of containing detectable levels of explosive residue; and

b) contacting said soil sample with said biological sensor under conditions such that a detectable signal is produced in the presence of said detectable levels of explosive residue.

Claim 30

A biological sensor for detecting explosives comprising a recombinant bacterial strain that responds to contacting a chemical from an explosive by producing a detectable signal, wherein said recombinant bacterial strain is selected from the group consisting of recombinant Bacillus, Pseudomonas, and Escherichia coli.

Claim 35

A biological sensor for detecting explosives comprising a recombinant bacterial strain that responds to contacting a chemical from an explosive by producing a detectable signal, wherein

  • said recombinant bacterial strain is selected from the group consisting of recombinant Bacillus, Pseudomonas, and Escherichia coli, and wherein
  • said chemical from said explosive is selected from the group consisting of trinitrotoluene, hexahydro-1,3,5-trinitro-1,3,5-triazine and octahydro-1,3,5-trinitro-1,3,5,7-tetrazocine.

The claims are generally drawn towards:

  • a method of detecting explosives buried beneath the surface of the ground comprising use of a recombinant bacterial organism that responds to contact with the explosives by producing a detectable signal (claims 1 & 15)
  • a method of detecting explosive residue in soil comprising use of a recombinant bacterial strain (claim 22)
  • a method of detecting explosive residue in soil comprising use of a recombinant Pseudomonas, Escherichia or Bacillus strain (claim 29)
  • a biological sensor for detecting explosives comprising a recombinant bacterial strain that responds to contacting a chemical from an explosive by producing a detectable signal (claims 30 & 35)

Definitions extracted from the description (and ambiguous terms) are:

  • Biological sensor - a living cell that responds to a chemical from an explosive by producing a detectable signal
  • Recombinant (bacterial) organism - a strain of (bacterial) organisms comprising recombinant DNA
  • Detectable signal - a visual signal
  • Sufficeint time - duration is not specified
  • Examining (for the visually detectable signal) - method is not specified

Comment:

Independent claim 1 of granted US 5972638 limits the type of biosensor used in the method to detect explosives to recombinant bacterial organisms.  Therefore use of RedDetect transgenic Arabidopsis plants developed by Aresa Biodetection APS to detect explosives (see chapter 7 Biosensing systems - Patent applications filed and patent owned by Aresa Biodetection APS) will not infringe on US 5972638.

Lockheed Martin Energy Research Corporation

(Oak Ridge National Laboratory, ORNL)

P.O. BOX 2008
OAK RIDGE, TENNESSEE 37831

Ph +1-865-574-4160

ORNL has a technology transfer website:

http://www.ornl.gov/adm/tted/

FAQ directs technology transfer interests to Casey Porto (portoca@ornl.gov).

Search strategy

Search details

Date of search

03/05/2006

Database searched

Patent Lens

Type of search

Simple

Collections searched

AU-B, US-A, US-B, EP-B, WO

Search terms

Burlage in inventor

Results

7

Comments

Of the 7 results identified using these search terms, one result was identified as being of particular interest based on the full name of the inventor, abstract and a review of the claims.

General bioindicator systems

Summary

This chapter consists of patent documents describing biosensing systems that do not specify a detecting substance in the first independent claim.  Many of these patent documents disclose alternative detection methods, reporter organism, or genes compared to the common transgenic organism with an inducible promoter: reporter gene construct:[add a comment]

Patent applications filed and patent owned by Aresa Biodetection APS

Company overview

Aresa is a Danish Biotechnology company that conducts R&D in areas of biosensors and biopharma.  They have developed three transgenic Arabidopsis thaliana plants that function as bioindicators:
1. RedDetect - transgenic A. thaliana plant that detects landmines by change in plant color.
2. RedDetect UXO - transgenic A. thaliana plant that detects unexploded ordnance (UXO) by change in plant color.
3. RedScreen - transgenic A. thaliana plant that can be engineered to detect unfavorable stress conditions by change in plant color.[add a comment]

Technology overview

Aresa has filed a series of patent applications (one of which has been granted in New Zealand, see below) that are generally drawn towards a reporter system that includes a gene involved in the development of a monitorable trait.  The scope of the independent claim in the applications is broad considering the fact that neither the gene or the stimulus in this reporter system is particularly specified, however these applications do not have enforceable rights until they are granted in the respective jurisdictions. [add a comment]

Details of patent documents

Patent or Publication No.

Title, Independent Claims and Summary

Assignee and licensing information

NZ 536874
  • Earliest priority - 29 May 2002
  • Filed - 30 May 2003
  • Granted - 24 Mar 2005
  • Expected expiry - 30 May 2023

Title - Reporter system for plants

Claim 1

A reporter system giving rise to a directly monitorable phenotypic trait in a plant in the presence of solely an outer stimulus, said reporter system comprising

  • a gene which is not part of the natural plant genome encoding a product which is involved in the development of said directly monitorable phenotypic trait in response to the presence of said outer stimulus.

The claims are generally drawn towards:

  • A reporter system comprising a gene encoding a product that is involved in the development of a phenotypic trait that is directly monitorable in response to the presence of an outer stimulus (claim 1)

Definitions extracted from the specification are provided in WO 2003/100068.

Comments:

NZ 536874 is the only granted patent from this patent family that is reported on INPADOC.

The difference between claim 1 in NZ 536874 and WO 2003/100068 (see below) are:

  1. the absence of term 'capable' in describing the function of the reporter system in the preamble
  2. addition of term 'solely' in describing the condition of the reporter system to express a phenotypic trait

Aresa Biodetection APS

Symbion Science Park
Fruebjergvej 3
2100 København Ø

Ph +45-70227747
Fax +45-70227757

US 2005/289662

  • Earliest priority - 29 May 2002
  • Filed - 30 May 2003
  • Published - 29 Dec 2005
  • Application pending
  • Expected expiry - not applicable

Title - Reporter system for plants

Claim 1

A reporter system giving rise to a directly monitorable phenotypic trait in a plant in the presence of solely an outer stimulus, said reporter system comprising

  • a gene which is not part of the natural plant genome encoding a product which is involved in the development of said directly monitorable phenotypic trait in response to the presence of said outer stimulus.

The claims are generally drawn towards:

  • A reporter system comprising a gene encoding a product that is involved in the development of a phenotypic trait that is directly monitorable in response to the presence of an outer stimulus (claim 1)

Definitions extracted from the specification are provided in WO 2003/100068.

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

The difference between claim 1 in US 2005/289662 and WO 2003/100068 (see below) are the same as those for NZ 536874 (see above).

WO 2003/100068

  • Earliest priority - 29 May 2002
  • Filed - 30 May 2003
  • Published - 4 Dec 2003
  • Expected expiry - not applicable

Title - Reporter system for plants

Claim 1

 A reporter system capable of giving rise to a directly monitorable phenotypic trait in a plant in the presence of an outer stimulus, said reporter system comprising

  • a gene encoding a product which is involved in the development of said directly monitorable phenotypic trait in response to the presence of said outer stimulus.

The claims are generally drawn towards:

  • A reporter system comprising a gene encoding a product that is involved in the development of a phenotypic trait that is directly monitorable in response to the presence of an outer stimulus (claim 1)

Definitions extracted from the description are:

  • Reporter system - any system which is able to transform a stimulus into another feature which can be monitored or measured.
  • Directly monitorable phenotypic trait - any phenotype of physical or chemical nature which may be monitored without the need for sampling.
  • Outer stimulus - any stimulus of external origin of chemical or physical nature which affects a plant.

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

The body of claim 1 (which is the content in the dot point) does not contain the term 'plant', therefore it can be interpreted as the 'gene encoding a product' being able to be used in any organism including plants.

The inventors have enabled the technology described in this application by providing methods in the examples to produce transgenic A. thaliana plants that detect/bind to heavy metals or nitro-containing compounds with constructs containing the following sensor/binding gene and reporter gene combinations:

Heavy metal detection

Sensor gene

Reporter gene

GSH1 promoter (glutamate-cysteine ligase chloroplast isoform)
GSH2 promoter (glutathione synthase)
PCS1 promoter (gene bank accession AF461180)
PCS2 promoter (gene bank accession AY044049)
GST30 promoter (glutathione S-transferase)
CAD1 promoter (phytochelatin synthase)

CHS (chalcone synthase)
LUC (luciferase)
GFP (green fluorescent protein)

Heavy metal binding

Promoter gene

Heavy metal binding gene

35S

GSH1
GSH2
CAD1
Nramp1 (gene bank accession AF165125)
Nramp2 (gene bank accession AF141240)
PCS1
PCS2

Nitro-containing compound detection

Sensor gene

Reporter gene

Nr1 promoter (nitrate reductase 1)
Nr2 promoter (nitrate reductase 2)
Nii promoter (nitrite reductase)
Ntr-2-1 promoter (high-affinity nitrate transporter ACH2)

CHS
LUC
GFP

Nitro-containing compound metabolism

Promoter gene

Nitro-compound metabolism gene

35S

Nr1
Nr2
Nii
Ntr-2-1
XenA (xenobiotic reductase A)
XenB (xenobiotic reductase B)
Onr (pentaerythriol tetranitrate reductase)

Remarks
  1. National phase entry of WO 2003/100068 in Australia (AU 2003/240150), Europe (EP 1511847), China (CN 1656228) and Japan (JP 2005/534292) are pending.

Search strategy

Search details

Date of search

12/04/2006

Database searched

Patent Lens

Type of search

Simple

Collections searched

AU-B, US-A, US-B, EP-B, WO

Search terms

Aresa in applicant

Results

1

Comments

Patent application filed by Edenspace Systems Corporation and the University of Arizona

Company overview

Edenspace Systems Corp. is a US biotechnology R&D company located in Virginia that produces transgenic plants for use in environmental protection and renewable fuels.  Main products and services include:[add a comment]

Technology overview

The US patent application described in this section discloses use of anthocyanin synthesis as a reporter system in transgenic plant biosensors.  Examples in the specification provide a method to produce transgenic plants that detect heavy metals with a construct containing anthocyanin regulatory gene B that is fused to the BjMTP1 promoter (BjMTP, Brassica juncea metal tolerance protein), which was introduced into Arabidopsis and Maize.[add a comment]

Details of the patent document

Patent or publication no.

Title, Independent Claims and Summary

Assignee and licensing information

US 2005/114923

  • Earliest priority - 1 Jul 2003
  • Filed - 1 Jul 2004
  • Published - 26 May 2005
  • Granted - not applicable

Title - Plant biosensor systems

Claim 1

A nucleic acid construct comprising:

  • a gene encoding a product involved in the biosynthesis of a plant pigment, said gene being operably linked to an inducible sensor system, wherein the sensor system is responsive to the presence of a contaminant.

Claim 26

A transgenic plant cell comprising a transgene comprising:

  • a gene encoding a product involved in the biosynthesis of a plant pigment, said gene being operably linked to an inducible sensor system, wherein the sensor system is responsive to the presence of a contaminant.

Claim 49

A transgenic plant exhibiting a change in color phenotype when exposed to a contaminant, the transgenic plant comprising a transgene comprising:

  • a gene encoding a product involved in the biosynthesis of a plant pigment, said gene being operably linked to an inducible sensor system which is responsive to the presence of a contaminant.

Claim 75

A transgenic plant exhibiting different changes in color phenotype when exposed to different contaminants, the transgenic plant comprising more than one transgene, each transgene comprising:

  • a gene encoding a product involved in the biosynthesis of a plant pigment, said gene being operably linked to an inducible sensor system which is responsive to the presence of a particular contaminant and whose induction by that particular contaminant is associated with a specific change in color phenotype.

Claim 76

A method for preparing a transgenic plant exhibiting a change in color phenotype when exposed to a contaminant, the method comprising:
   1. introducing a nucleic acid construct into a plant cell or protoplast to obtain a stably transformed plant cell or protoplast, the construct comprising:

  • a gene encoding a product involved in the biosynthesis of a plant pigment, said gene being operably linked to an inducible sensor system, wherein the sensor system is responsive to the presence of the contaminant;

   2. regenerating a whole plant from the stably transformed plant cell or protoplast to obtain a transgenic plant comprising a transgene comprising:

  • a gene encoding a product involved in the biosynthesis of a plant pigment, said gene being operably linked to an inducible sensor system, wherein the sensor system is responsive to the presence of the contaminant; and

   3. exposing the transgenic plant to the contaminant.

Claim 105

A method for detecting the presence of a contaminant in an area, the method comprising:
   1. introducing, in the area to be tested, seeds from a transgenic plant comprising a transgene comprising:

  • a gene encoding a product involved in the biosynthesis of a plant pigment, said gene being operably linked to an inducible sensor system, wherein the sensor system is responsive to the presence of the contaminant;

   2. growing transgenic plants from the seeds;
   3. monitoring the color phenotype of the resulting plants; and
   4. determining that the contaminant is present in the area tested if a change in color phenotype was observed in the resulting plants.

Claim 131

A method for detecting the presence of contaminants in an area, the method comprising:
   1. introducing, in the area to be tested, seeds from a transgenic plant comprising more than one transgene, each transgene comprising:

  • a gene encoding a product involved in the biosynthesis of a plant pigment, said gene being operably linked to an inducible sensor system which is responsive to the presence of a particular contaminant and whose induction by that particular contaminant is associated with a specific change in color phenotype;

   2. growing transgenic plants from the seeds;
   3. monitoring the color phenotype of the resulting plants; and
   4. determining that a particular contaminant is present in the area tested if the associated change in color phenotype was observed in the resulting plants.

The claims are generally drawn towards:

  • a nucleic acid construct comprising a gene encoding a product involved in the biosynthesis of a plant pigment (claim 1)
  • a transgenic plant cell comprising a gene encoding a product involved in the biosynthesis of a plant pigment (claim 26)
  • a transgenic plant exhibiting a change in color phenotype when exposed to a contaminant (claim 49)
  • a transgenic plant exhibiting different changes in color phenotype when exposed to different contaminants (claim 75)
  • a method for preparing a transgenic plant exhibiting a change in color phenotype when exposed to a contaminant (claim 76)
  • a method for detecting the presence of contaminants in an area (claims 105, 131)

Definitions extracted from the description are:

  • Nucleic acid product - a polynucleotide or oligonucleotide comprising nucleic acid sequences not normally associated in nature
  • Product - a gene product (e.g., primary transcript, mRNA, pre-protein, protein, or higher order complex)
  • Operably linked - a relationship between two nucleic acid sequences wherein the expression of one of the nucleic acid sequences is controlled by, regulated by or modulated by the other nucleic acid sequence
  • (Inducible) sensor system - a polynucleotide which is, in some manner, dependent upon an external stimulus (such as the presence of a contaminant) in order to actively transcribe and/or translate a gene to which it is operably linked
  • Contaminant - any compound, molecule, agent or entity whose presence and/or level in an area or environment is to be detected
  • Transgene - an exogenous gene which, when introduced into a host cell through the hand of man, for example, using a process such as transformation, electroporation, particle bombardment, and the like, is expressed by the host cell and integrated into the cell's DNA such that the trait or traits produced by the expression of the transgene is inherited by the progeny of the transformed cell
  • Plant - can refer to a whole plant, plant parts (e.g., cuttings, tubers, pollen), plant organs (e.g., leaves, stems, flowers, roots, fruits, branches, etc.), individual plant cells, groups of plant cells (e.g., cultured plant cells), protoplasts, plant extracts, seeds, and progeny thereof.
  • Stably transformed - a cell, callus or protoplast in which an inserted exogenous nucleic acid molecule is capable of replication either as an autonomously replicating plasmid or as part of the host chromosome
  • Area - not specified in the description, other than that the contaminant may be present in the air, in water or in a soil.

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

Four examples provided in the specification are:

  1. Transgenic Plants For the Detection of Volatile Organic Compounds - method to identify and validate genes that are up-regulated in plants exposed to benzene and formaldehyde (no results provided).
  2. Identification of Genes Up-Regulated by Heavy Metals - method to identify and validate genes that are up-regulated in plants exposed to one or more of the metals, arsenic, cadmium, chromium, copper, mercury, nickel, lead, selenium and zinc (no results provided).
  3. Generation of Transgenic Plants for Heavy Metal Detection - method to generate transgenic Arabidopsis and Maize containing BjMTP1 promoter::GFP or BjMTP1 promoter::anthocyanin regulatory gene B (no results on tests for anthocyanin accumulation in the transgenic plants exposed to heavy metals).
  4. Transgenic Plants as Biomarkers for Heavy Metals in Drinking Water - method to detect BjMTP mRNA expression in Brassica juncea seedlings exposed to arsenic, cadmium, and lead in water (no results provided).
 

Edenspace Systems Corporation

3810 Concorde Parkway, Suite 100
Dulles, VA, 20151-1131
Toll-free +1-877-961-8777
Tel +1-703-961-8700
Fax +1-703-961-8939

University of Arizona

(THE ARIZONA BOARD OF REGENTS)

Office of Technology Transfer

888 N. EUCLID AVENUE, PO BOX 210158
OTT, ROOM 204
TUCSON, ARIZONA 85721-0158

The following two contacts for licensing were listed in the contact information site:

Dubuque, Suzanne, PhD
Licensing Associate / Life Sciences
(520) 626-1213
sdubuque@ott.arizona.edu

Trammell, Mary Louise "Mike", PhD
Senior Licensing Associate / Life Sciences
(520) 626-7916
trammell@email.arizona.edu

Search strategy

Search details

Date of search

19/04/2006

Database searched

Patent Lens

Type of search

Simple, stemming on

Collections searched

AU-B, US-A, US-B, EP-B, WO

Search terms

Edenspace in applicant

Results

1

Comments

Patent applications filed and patents owned by E. I. du Pont de Nemours and Company

Technology overview

E. I. du Pont de Nemours and Co. is a multinational company that conducts R&D in the science field including agriculture, electronics, health care, safety and protection.  The patent family described below discloses a method to detect sublethal levels of environmental contaminants using a lyophilized trangenic bacterium containing a luxCDABE gene complex that is under the control of a stress-inducible promoter.  Related scientific publications are:[add a comment]

Many of the transgenic E. coli containing an inducible promoter :: reporter gene construct are provided in the examples of WO 1994/13831, also filed by E. I. du Pont de Nemours and Co. (see chapter 5 - Detection of metals and other toxic compounds).[add a comment]

Details of patent documents

Patent or Publication No.

Title, Independent Claims and Summary

Assignee and licensing information

CA 2200702

  • Earlliest priority - 23 Nov 1994
  • Filed - 20 Nov 1995
  • Granted - 5 Dec 2000
  • Lapsed - 21 Nov 2005
  • Expected expiry - not applicable

Title - Lyophilized bioluminescent bacterial reagent for the detection of toxicants

Claim 1

A method of detecting the presence of a sublethal environmental insult with a lyophilized biological reagent, said reagent comprising

  • a detector prokaryote microorganism containing an expressible luxCDABE gene complex under the control of a stress inducible promoter sequence, the method comprising the steps of:

(i) rehydrating the lyophilized biological reagent in a suitable amount of water wherein a baseline bioluminescence is produced;
(ii) immediately contacting the rehydrated reagent with a sample suspected of containing an environmental insult to form a reagent mixture;
(iii) incubating the mixture for at least 20 minutes and at a temperature of up to 30°C and;
(iv) detecting a change in bioluminescence from the mixture.

Claim 5

A lyophilized biological reagent comprising

  • a transformed bacteria containing an expressible luxCDABE gene complex under the control of a stress inducible promoter sequence.
Claim 6

 A kit for detecting the presence of a sublethal environmental insult comprising the following in packaged combination:

(i) an aliquoted lyophilized biological reagent comprising;
     (a) a detector prokaryotic microorganism cell containing a DNA fragment comprising a stress inducible promoter operably linked to the luxCDABE gene complex;
     (b) a suitable buffer, and
     (c) a cryoprotective reagent;
(ii) a rehydrating reagent; and
(iii) a suitable growth media.

The claims are generally drawn towards:

  • a method of detecting the presence of a sublethal environmental insult with a prokaryote microorganism containing an expressible luxCDABE gene complex under the control of a stress inducible promoter (claim 1)
  • a lyophilized biological reagent comprising a bacteria transformed with an expressible luxCDABE gene complex under the control of a stress inducible promoter sequence (claim 5)
  • a kit for detecting the presence of a sublethal environmental insult comprising a prokaryotic microorganism cell containing a DNA fragment comprising a stress inducible promoter operably linked to the luxCDABE gene complex (claim 6)

Definitions extracted from the description are:

  • (Environmental) insult - any substance or environmental change that results in an alteration of normal cellular metabolism in a bacterial cell or population of cells
  • Detector (prokaryote micro)organism - a prokaryote microorganism which contains a gene fusion consisting of a stress inducible promoter fused to the lux gene complex (luxCDABE gene complex) and which is capable of expressing the lux gene products in response to an environmental insult
  • Stress inducible promoter - any promoter capable of activating a stress gene and causing the expression of the stress gene product
  • Bioluminescence - phenomenon of light emission from any living organism
  • Lyophilized biological reagent - a detector organism which contains a gene fusion consisting of a stress inducible promoter fused to the lux gene complex and which is freeze-dried in a specific medium and is capable of expressing the lux gene products in response to an environmental insult, immediately upon rehydration
  • Operably linked - the fusion of two fragments of DNA in a proper orientation and reading frame to be transcribed into functional RNA.

Comments:

As this patent has lapsed due to non-payment of maintenance fees, this patent currently does not have any enforceable rights.

E. I. du Pont de Nemours and Company

1007 MARKET STREET WILMINGTON, DE 19898

Licensing information:
Ph +1-(781) 972-0607
Email dupont@yet2.com

DuPont has a website called 'DuPont Technology Bank', which contains information on licensing patented technology by their company:

http://dupont.t2h.yet2.com/t2h/page/homepage/

EP 793729

  • Earlliest priority - 23 Nov 1994
  • Filed - 20 Nov 1995
  • Granted - 21 Aug 2002
  • Expected expiry - 20 Nov 2015

Title - Lyophilized bioluminescent bacterial reagent for the detection of toxicants

Claim 1

A method of detecting the presence of an environmental insult with a lyophilized biological reagent said reagent comprising a detector organism containing an expressible lux gene complex under the control of a stress inducible promoter sequence, the method comprising the steps of:

(i) rehydrating the lyophilized biological reagent in a suitable amount of water wherein a baseline bioluminescence is produced;
(ii) immediately contacting the rehydrated reagent with a sample suspected of containing an environmental insult to form a reagent mixture;
(iii) incubating the mixture for at least 20 minutes and at a temperature of up to 300˚C and;
(iv) detecting a change in bioluminescence from the mixture.

Claim 10

A lyophilized biological reagent comprising a transformed bacteria containing an expressible lux gene complex under the control of a stress inducible promoter sequence.

Claim 11

A kit for detecting the presence of an environmental insult comprising the following in packaged combination:

(i) an aliquoted lyophilized biological reagent comprising;
(a) a detector cell containing a DNA fragment comprising a stress promoter gene operably linked to the lux gene complex;
(b) a suitable buffer; and
(c) a cryoprotective reagent;
(ii) a rehydrating reagent; and
(iii) a suitable growth media.

Designated contracting States at the time of grant are: Austria (patent lapsed as reported by INPADOC), Belgium, Switzerland, Germany, Denmark (patent lapsed as reported by INPADOC), Spain (patent lapsed as reported by INPADOC), France, United Kingdom, Greece (patent lapsed as reported by INPADOC), Ireland (patent lapsed as reported by INPADOC), Italy, Liechtenstein, Luxembourg (patent lapsed as reported by EPO), Monaco, Netherlands, Portugal (patent lapsed as reported by INPADOC), Sweden (patent lapsed as reported by INPADOC)

The claims are generally drawn towards:

  • a method of detecting the presence of a sublethal environmental insult with a detector organism containing an expressible lux gene complex under the control of a stress inducible promoter (claim 1)
  • a lyophilized biological reagent comprising a bacteria transformed with an expressible lux gene complex under the control of a stress inducible promoter sequence (claim 10)
  • a kit for detecting the presence of a sublethal environmental insult comprising a detector cell containing a DNA fragment comprising a stress inducible promoter operably linked to the lux gene complex (claim 11)

Definitions extracted from the specification are provided in CA 2200702.

Comments:
There is no limit on the type of lux gene complex nor type of detector organism in EP 793729.

US 5731163

  • Earlliest priority - 23 Nov 1994
  • Filed - 22 Nov 1996
  • Granted - 24 March 1998
  • Expected expiry - 22 Nov 2016

Title - Lyophilized bioluminescent bacterial reagent for the detection of toxicants

Claim 1

A method of detecting the presence of a sublethal environmental insult with a lyophilized biological reagent said reagent comprising

  • a detector prokaryotic microorganism containing an expressible luxCDABE gene complex under the control of a stress inducible promoter sequence, the method comprising the steps of:

(i) rehydrating the lyophilized biological reagent in a suitable amount of water wherein a baseline bioluminescence is produced;
(ii) immediately contacting the rehydrated reagent with a sample suspected of containing an environment insult to form a reagent mixture;
(iii) incubating the mixture for at least 20 minutes and at a temperature of up to 30° C. and;
(iv) detecting an increase in bioluminescence from the mixture.

Claim 6

A lyophilized biological reagent comprising

  • bacteria transformed with an expressible luxCDABE gene complex under the control of a stress inducible promoter sequence.
Claim 7

A kit for detecting the presence of a sublethal environmental insult comprising the following in packaged combination:

(i) an aliquoted lyophilized biological reagent comprising;
     (a) a detector prokaryotic microorganism cell containing a DNA fragment comprising a stress promoter gene operably linked to a luxCDABE gene complex;
     (b) a suitable buffer; and
     (c) a cryo protective reagent;
(ii) a rehydrating reagent; and
(iii) a suitable growth media.

The claims are generally drawn towards:

  • a method of detecting the presence of a sublethal environmental insult with a prokaryotic microorganism containing an expressible luxCDABE gene complex under the control of a stress inducible promoter (claim 1)
  • a lyophilized biological reagent comprising bacteria transformed with an expressible luxCDABE gene complex under the control of a stress inducible promoter sequence (claim 6)
  • a kit for detecting the presence of a sublethal environmental insult comprising a prokaryotic microorganism cell containing a DNA fragment comprising a stress inducible promoter operably linked to the luxCDABE gene complex (claim 7)

Definitions extracted from the specification are provided in CA 2200702.

Comments:

US 5731163 recites the same three independent claims as those of CA 2200702, which limits the detector organism to be a prokaryotic microorganism, and that the reporter gene is an expressible luxCDABE gene (and not any lux gene complex).

WO 1996/16187

  • Earlliest priority - 23 Nov 1994
  • Filed - 20 Nov 1995
  • Published - 30 May 1996
  • Expected expiry - not applicable

Title - Lyophilized bioluminescent bacterial reagent for the detection of toxicants

Claim 1

A method of detecting the presence of an environmental insult with a lyophilized biological reagent said reagent comprising a detector organism containing an expressible lux gene complex under the control of a stress inducible promoter sequence, the method comprising the steps of:

(i) rehydrating the lyophilized biological reagent in a suitable amount of water wherein a baseline bioluminescence is produced;
(ii) immediately contacting the rehydrated reagent with a sample suspected of containing an environmental insult to form a reagent mixture;
(iii) incubating the mixture for at least 20 minutes and at a temperature of up to 30˚C and;
(iv) detecting a change in bioluminescence from the mixture.

Claim 10

A lyophilized biological reagent comprising a transformed bacteria containing an expressible lux gene complex under the control of a stress inducible promoter sequence.

Claim 11

A kit for detecting the presence of an environmental insult comprising the following in packaged combination:

(i) an aliquoted lyophilized biological reagent comprising;
     (a) a detector cell containing a DNA fragment comprising a stress promoter gene operably linked to the lux gene complex;
     (b) a suitable buffer; and
     (c) a cryoprotective reagent;
(ii) a rehydrating reagent; and
(iii) a suitable growth media.

The claims are generally drawn towards:

  • a method of detecting the presence of a sublethal environmental insult with a detector organism containing an expressible lux gene complex under the control of a stress inducible promoter (claim 1)
  • a lyophilized biological reagent comprising a bacteria transformed with an expressible lux gene complex under the control of a stress inducible promoter sequence (claim 10)
  • a kit for detecting the presence of a sublethal environmental insult comprising a detector cell containing a DNA fragment comprising a stress inducible promoter operably linked to the lux gene complex (claim 11)

Definitions extracted from the specification are provided in CA 2200702.

Comments:

Since this is a published application and not a granted patent, the claims above do not have enforceable rights.

Remarks

National phase entry of WO 1996/16187 in Japan (JP H10/509049) is deemed to be withdrawn (notice of rejection created on 21 Oct 1999, last correspondence recorded on 18 Nov 1999).

Search strategy

Search details

Date of search

08/05/2006

Database searched

Patent Lens

Type of search

Simple, stemming on

Collections searched

AU-B, US-A, US-B, EP-B, WO

Search terms

US '5731163'

Results

1

Comments

This patent document was identified as a reference in the description of US 2001/034039 - Bioluminescent organism for detecting toxic substances

Patent applications filed by the University of Cincinnati

Technology overview

Dr Daniel W. Nebert at the Department of Environmental Health, University of Cincinnati conducts research on biological aspects of of metabolism-gene, receptor-gene and transporter-gene superfamilies, one direction of which includes heavy metal toxicity.  Dr Nebert filed a US patent application disclosing a method to measure water contaminants using transgenic zebrafish.  Three scientific articles were published by the research team in relation to this technology:[add a comment]

  1. Carvan III et al. (2000).  Transgenic zebrafish as sentinels for aquatic pollution.  Ann N Y Acad Sci. 919:133-47.
  2. Carvan III et al. (2000).  Activation of transcription factors in zebrafish cell cultures by environmental pollutants.  Arch Biochem Biophys 376: 320.
  3. Nebert et al. (2002).  Use of reporter genes and vertebrate DNA motifs in transgenic zebrafish as sentinels for assessing aquatic pollution.  Environ Health Perspect. 110(1):A15.  (Correspondence article in responce to Mattingly et al. 2001; Environ. Health Perspect. 109:845-849)

Details of the patent document

Patent or Publication no.

Title, Independent Claims and Summary

Assignee and licensing information

US 2004/147030

  • Earliest priority - 22 May 2000
  • Filed - 22 May 2001
  • Abandoned - 2 August 2006
  • Expected expiry - not applicable

Title - Transgenic animals for monitoring water quality

Claim 1

A method of measuring contaminants in water comprising:

a. introducing into a transgenic zebrafish organism a DNA construct having the sequence of at least one regulatory response element gene operatively linked to a DNA molecule encoding at least one reporter gene such that the at least one regulatory element of the gene controls the expression of the at least one reporter gene;
b. exposing the transgenic zebrafish to a water sample to be tested for a time sufficient to allow contaminants become bioconcentrated within the zebrafish;
c. exposing the transgenic zebrafish to conditions permitting expression of the at least one reporter gene; and
d. detecting the expression of the at least one reporter gene; and
e. correlating the detected expression to known standards and thereby determining the quantity of contaminants in the water sample.

Claim 2

A method of measuring contaminants in water comprising:

a. introducing into a transgenic zebrafish organism a DNA construct having the sequence of two or more regulatory response element genes operatively linked to a DNA molecule encoding at least one reporter gene such that a regulatory elements of the gene controls expression of the reporter gene;
b. exposing the transgenic zebrafish to a water sample to be tested for a time sufficient to allow contaminants become bioconcentrated within the zebrafish
c. exposing the transgenic zebrafish to conditions permitting expression of the reporter genes; and
d. detecting the expression of the reporter genes; and
e. correlating the detected expression to known standards and thereby determining the quantity of contaminants in the water sample.

The claims are generally drawn towards:

  • a method of measuring contaminants in water comprising transgenic zebrafish with at least one (or more) regulatory response element gene(s) operatively linked to a DNA molecule encoding at least one reporter gene (claim 1, 2)

Definitions extracted from the description are:

  • Operatively linked - a juxtaposition wherein the components so described are in a relationship permitting them to function in their intended manner
  • Regulatory response element gene - those sequences normally within 100 kb of the coding region of a locus
  • Reporter gene - The present invention utilizes the firefly luciferase (luc) or green fluorescent protein (GFP)... (there is no defined statement that limits the reporter genes to luc or GFP)

Comment:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

The description provides a table (Table 1) that introduces six pollution-inducible response elements and their respective consensus sequences, and an example of responses of transgenic zebrafish cell lines to substances with the following nine different pollutant-inducible promoters linked to the firefly luc gene (Figure 2):

1. Aromatic hydrocarbon response element (AHRE) to dioxin (10nM TCDD)

  • mouse Cyp1a1
  • mouse AhRDtk
  • rainbow trout CYP1A3
  • human CYP1A1

2. Electrophile response element (EPRE) to tBHQ (10µM)

  • mouse EPREmt1
  • mouse NQO1
  • human NQO1

3. Metal response element (MRE) to cadmium (30µM)

  • mouse MREd5mt1
  • rainbow trout MT-B

University of Cincinnati

P.O. BOX 670829
3323 EDEN AVENUE
CINCINNATI, OHIO 45267

University of Cincinnati Intellectual Property Office (UCIPO) website:

http://www.ipo.uc.edu/

'Contact Us' on the UCIPO website provides an Email-based form for licensing interests.

US 2006/143718

  • Earliest priority - 22 May 2000
  • Filed - 23 November 2005
  • Application pending
  • Expected expiry - not applicable

Title - Transgenic animals for monitoring water quality

Claim 1

A method of measuring contaminants in water comprising:

a. introducing into a transgenic zebrafish organism a DNA construct having the sequence of at least one regulatory response element gene operatively linked to a DNA molecule encoding at least one reporter gene such that the at least one regulatory element of the gene controls the expression of the at least one reporter gene;
b. exposing the transgenic zebrafish to a water sample to be tested for a time sufficient to allow contaminants become bioconcentrated within the zebrafish;
c. exposing the transgenic zebrafish to conditions permitting expression of the at least one reporter gene; and
d. detecting the expression of the at least one reporter gene; and
e. correlating the detected expression to known standards and thereby determining the quantity of contaminants in the water sample.

Claim 2

A method of measuring contaminants in water comprising:

a. introducing into a transgenic zebrafish organism a DNA construct having the sequence of two or more regulatory response element genes operatively linked to a DNA molecule encoding at least one reporter gene such that a regulatory elements of the gene controls expression of the reporter gene;
b. exposing the transgenic zebrafish to a water sample to be tested for a time sufficient to allow contaminants become bioconcentrated within the zebrafish
c. exposing the transgenic zebrafish to conditions permitting expression of the reporter genes; and
d. detecting the expression of the reporter genes; and
e. correlating the detected expression to known standards and thereby determining the quantity of contaminants in the water sample.

The claims are generally drawn towards:

  • a method of measuring contaminants in water comprising transgenic zebrafish with at least one (or more) regulatory response element gene(s) operatively linked to a DNA molecule encoding at least one reporter gene (claim 1, 2)

Definitions extracted from the description are provided in US 2004/147030 (see above).

Comments:

This application is a continuation of now abandoned US 2004/147030.

Search strategy

Search details

Date of search

13 Sept 2006

Database searched

Patent Lens

Type of search

Simple, stemming on

Collections searched

AU-B, US-A, US-B, EP-B, WO

Search terms

biomonitor and zebrafish

Results

2

Comments

Patent application filed by Greenovation Biotech GmbH

Technology overview

Greenovation Biotech GmbH is a private company based in Freiburg, Germany, which conducts R&D in the field of biotechnology.  Dr Michael Schledz studied the application of hpd (gene coding for p-hydroxyphenyl-pyruvic acid dioxygenase, HPD) as an alternative reporter gene for a biosensor system in Escherichia coli and yeast (Saccharomyces cervisiae), the technology of which is disclosed in the application below.  HPD catalyzes metabolism of p-hydroxyphenyl-pyruvic acid into homogentistic acid, which, upon oxydation forms ochronotic acid, resulting in a detectable brown pigmentation.[add a comment]

Details of the patent document

Patent or Publication no.

Title, Independent Claims and Summary

Assignee and licensing information

WO 2002/053772

  • Earliest priority - 28 Dec 2000
  • Filed - 15 Nov 2001
  • Published - 11 Jul 2002
  • Expected expiry - not applicable

Title - Novel biosensor system

Claim 1
Biosensor system comprising

  • a cell or organism harbouring a DNA molecule enabling said cell or organism to express p-hydroxyphenyl-pyruvic acid dioxygenase under the control of a promotor which is inducible by the presence of substances or conditions to be analyzed.

Claim 10
An isolated DNA molecule comprising a nucleotide sequence providing an expression cassette capable of directing the expression of p-hydroxyphenyl-pyruvic acid dioxygenase, wherein said expression cassette comprises from 5' to 3':
(a) an inducible promoter capable of expressing a downstream coding sequence;
(b) a DNA sequence coding for the expression of p-hydroxyphenyl-pyruvic acid dioxygenase; and
(c) a 3' termination sequence,
characterized in that the inducible promoter (a) is selected from the group consisting of zntA, cadA, merA, nic, chr, ars, fliC, corA, dmpR, xylR, xylS, pqiAB, SoxRS, zrt, zip, ycfl, cup1-1, cup1-2, gefl, ftr1, hal1, gre1, and aad4.

Claim 16
Process for studying and/or monitoring the activity of a promoter or functional part thereof by the steps of using of

  • a vector which comprises a DNA sequence coding for the expression of p-hydroxyphenyl-pyruvic acid dioxygenase under the control of said promoter or functional part thereof and
  • a transcriptional terminator, wherein

the DNA sequence is, for the transformation of a host cell or organism, cultivating the transformants and monitoring the activity of said promoter or functional part thereof by measuring the content of ochronotic pigment accumulated in the culture medium.

The claims are generally drawn towards:

  • a biosensor system comprising a cell or organism harbouring a DNA molecule that can express p-hydroxyphenyl-pyruvic acid dioxygenase (claim 1)
  • an isolated DNA molecule comprising an expression cassette comprising an inducible promoter, a DNA sequence coding for the expression of p-hydroxyphenyl-pyruvic acid dioxygenase, and a 3' termination sequence (claim 10)
  • a process for studying and/or monitoring the activity of a promoter or functional part thereof (claim 16)

Definitions extracted from the specification are:

  • Cell or organism - There is no definition for this term. Dependent claim 6 recites the cell or organism to be prokaryotic or eukaryotic, with subsequent claims 7, 8, and 9 reciting use of Escherichia coli, yeast, and Saccharomyces cervisiae, respectively.

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

The specification provides examples of the following constructs and transformed organisms:

Induction substance

Promoter gene

Reporter gene

Transformed organism

Zinc

E. coli zntA

Arabidopsis hpd

E. coli TOP10

Zinc

E. coli zntA

Synechocystis hpd

E. coli Bl21(DE3)RIL

Copper

S. cerevisiae CUP1-2

Arabidopsis hpd

S. cerevisiae INVSc1

Zinc

E. coli zntA E. coli ßgal
E. coli

TOP10

Greenovation Biotech GMBH

Boetzinger Str. 29 b
D-79111 Freiburg

Ph +49-761-470-99-0
Fax +49-761-470-99-190

Email info@greenovation.com

Remarks

There is no information on this PCT application entering national phase in any jurisdiction by the end of the 30/31 month deadline from filing (which was 15 May/Jun 2004), as indicated by lack of INPADOC patent families and information on national phase entry on the WIPO Intellectual Property Digital Library (IPDL).

Search strategy

Search details

Date of search

01/05/2006

Database searched

Patent Lens

Type of search

Structured, stemming on

Collections searched

AU-B, US-A, US-B, EP-B, WO

Search terms

Greenovation in inventor

Results

16

Comments

Of the 16 results identified using these search terms, one result was identified as being of particular interest based on the abstract and a review of claims.

Patent applications filed by The University of Tennessee Research Corporation

Technology overview

The patent family described in this section was filed by a research team lead by Dr John Sanseverino and Dr Gary S. Sayler at the Center for Environmental Biotechnology at the University of Tennessee, Knoxville.  They have identified a method to detect the presence of divalent mercury by transforming E. coli and P. fluorescens with the operator/promoter (o/p) region of merR (merRo/p) fused to luxCDABE using a transposable element to integrate the fusion gene into the bacterial genome.  They have also investigated the use of a support matrix and an encapsulating material for the transgenic bacterium to provide a user-friendly detection kit for mercury, and disclosed the technology.  A related scientific presentation was held by the research group in 2001 - Carrasquillo CI, Tomaszewski A, Sanseverino J, Sayler GS (2001).  Development of a handheld device for the detection of divalent mercury in water using a genetically engineered reporter microorganism.  Society for the Advancement of Chicanos and Native Americans in Science. 27-30 Sept, Phoenix, Arizona.[add a comment]

Details of patent documents

Patent or Publication no.

Title, Independent Claims and Summary

Assignee and licensing information

CA 2419481
  • Earliest priority - 14 Aug 2000
  • Filed - 10 Aug 2001
  • Application pending
  • Expected expiry - not applicable

Title - Bioluminescent methods for direct visual detection of environmental compounds

Claim 1

A device for detecting a selected analyte, comprising:

  • a stably transformed bacterium containing a promoterless lux gene cassette having a regulatory element for a selected analyte inserted in front of the lux gene cassette;
  • a support matrix onto which the bacterium is attached; and
  • an encapsulating material to contain said bacterium attached to the support matrix wherein the encapsulated bacterium emits visibly detectable light in the presence of the selected analyte.
Claim 13

A genetically modified bacterium responsive to divalent mercury, said bacterium containing a merRo/p-lux gene stably integrated into the bacterial chromosome wherein said bacterium produces a bioluminescent protein in the presence of divalent mercury.

Claim 25

A method for detecting mercury comprising

  • contacting a sample suspected of containing mercury II ion with a bioreporter bacterium genetically modified to contain a merRo/pA-lux gene; and
  • detecting the presence of the mercury ion when a visibly detectable luminescence is produced.

The claims are generally drawn towards:

  • a device for detecting a selected analyte comprising a bacterium containing a promoterless lux gene cassette having a regulatory element for a selected analyte inserted in front of the lux gene cassette (claim 1)
  • a genetically modified bacterium responsive to divalent mercury (claim 13)
  • a method for detecting mercury comprising contacting a sample with a bioreporter bacterium genetically modified to contain a merRo/p-lux gene (claim 25)

Definitions extracted from the specification are provided in WO 2002/14551.

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

University of Tennessee Research Corporation

1534 WHITE AVENUE
SUITE 403
KNOXVILLE, TENNESSEE 37996
Ph: +1-865-974-1882

Email: vhunley@tennessee.edu

US 2003/108980

  • Earliest priority - 14 Aug 2000
  • Filed - 8 Aug 2001
  • Application abandoned - 15 Mar 2006
  • Expected expiry - not applicable

Title - Bioluminescent methods for direct visual detection of environmental compounds

Claim 1

A device for detecting a selected analyte, comprising:

a stably transformed bacterium containing a promoterless lux gene cassette having a regulatory element for a selected analyte inserted in front of the lux gene cassette;
a support matrix onto which the bacterium is attached; and
an encapsulating material to contain said bacterium attached to the support matrix wherein the encapsulated bacterium emits visibly detectable light in the presence of the selected analyte.

Claim 13

A genetically modified bacterium responsive to divalent mercury, said bacterium containing a merRo/p-lux gene stably integrated into the bacterial chromosome wherein said bacterium produces a bioluminescent protein in the presence of divalent mercury.

Claim 25

A method for detecting mercury comprising

  • contacting a sample suspected of containing mercury II ion with a bioreporter bacterium genetically modified to contain a merRo/pA-lux gene; and detecting the presence of the mercury ion when a visibly detectable luminescence is produced.

The claims are generally drawn towards:

  • a device for detecting a selected analyte comprising a bacterium containing a promoterless lux gene cassette having a regulatory element for a selected analyte inserted in front of the lux gene cassette (claim 1)
  • a genetically modified bacterium responsive to divalent mercury (claim 13)
  • a method for detecting mercury comprising contacting a sample with a bioreporter bacterium genetically modified to contain a merRo/p-lux gene (claim 25)

Definitions extracted from the specification are provided in WO 2002/14551.

Comments:

This application has been abandoned due to failure of the applicant to respond to an office action.

Because it is a published application and not a granted patent, there are no enforceable rights.

WO 2002/14551

  • Earliest priority - 14 Aug 2000
  • Filed - 10 Aug 2001
  • Published - 21 Feb 2002
  • Amended claims - 26 Jun 2003

Title - Bioluminescent methods for direct visual detection of environmental compounds

Claim 1

A portable system for detecting a selected analyte, comprising:

  • a stably transformed bacterium containing a promoterless lux gene cassette having a regulatory element for a selected analyte inserted in front of the lux gene cassette;
  • a support matrix onto which the bacterium is attached ;
  • an encapsulating material to contain said bacterium attached to the support matrix, wherein the encapsulated bacterium emits visibly detectable light in the presence of the selected analyte, and
  • a portable detection device.
Claim 13

A genetically modified bacterium responsive to divalent mercury, said bacterium being encapsulated and containing a gene stably integrated into bacterial chromosome, wherein said bacterium produces a bioluminescent protein in the presence of divalent mercury.

Claim 22

A mobile method for detecting mercury in water samples comprising

  • providing a plurality of stably transformed bioreporter bacterium genetically modified to contain a merRo/p-lux gene, said bacterium attached to a support matrix and disposed within protective packaging for preserving hydration of said bacterium;
  • removing said protective packaging;
  • contacting a water comprising sample suspected of containing mercury II ion with said detecting the presence of the mercury ion when a visibly detectable luminescence is produced, said detecting using a portable detection device.

Note: The three independent claims extracted above are those of the amended claims.

The claims are generally drawn towards:

  • a portable system for detecting a selected analyte comprising a bacterium containing a promoterless lux gene cassette having a regulatory element for a selected analyte inserted in front of the lux gene cassette (claim 1)
  • a genetically modified bacterium responsive to divalent mercury (claim 13)
  • a mobile method for detecting mercury in water samples comprising providing a bioreporter bacterium genetically modified to contain a merRo/p-lux gene (claim 22)

Definitions extracted from the specification are:

  • Bioreporter - intact, living microbial cells that have been genetically engineered to produce a measurable signal in response to a specific chemical or physical agent in their environment.
  • lux gene cassette - this term is not defined in the specification. The preferred embodiment is provided as follows: '...the cassette may be merRo/p-lux where the lux gene comprises CDABE.'
  • Analyte - this term is not defined in the specification. Dependent claims 4 and 5 recite the following analytes: naphthalene, toluene, ethylbenzene, 2,4-dichlorophenoxyacetic acid, 13-phenylethylamine, phenol, biphenyl, and mercury.
  • Bacterium - the following statement indicates that there is no limit on the bacterial species that can be used for this invention: 'While the invention has been illustrated with E. coli and P. fluorescens, other bacteria can be used.'
  • Support matrix - this term is not defined in the specification. Dependent claim 17 recite the following matrices: cellulose, glass, colloidal noble metal, plastic, laminin or resin.

Comments:

Since this is a published application and not a granted patent, there are no enforceable rights.

Examples in the specification have described the enablement of the technology by:

  • Creating a merRo/p::lux bioreporter - merRo/p (Genbank Accession AF071413; nucleotides 19133-19638) was fused to luxCDABE on pFSP3, the mer-lux reporter transposon was excised to create a transposome, which was then electroporated into E. coli EC 100 competent cells. Three transformants gave bioluminescence in response to Hg++, one of which had twice luminescence intensity compared to the other two strains.
  • Immobilising the bioreporter - toxity testing of latex material and bioluminescence of immobilised bioreporters were designed with P. fluorescens 5RL (naphthalene detection). A simulated bioluminescene test with bioreporters immobilised in Noble agar onto  a layer of silicone plastic was conducted with several bioreporter strains, including that of E. coli EC 100 containing merRo/p::lux.
Remarks
  1. WO 2002/14551 has entered national phase in the United States, which has not yet been published.
  2. National phase entry of WO 2002/14451 in Australia (AU 2001/86427) lapsed on 10 Jan 2004.
  3. National phase entry of WO 2002/14451 in Europe (EP 1315836) is pending.

Search strategy

Search details

Date of search

14/09/2006

Database searched

Patent Lens

Type of search

Simple, stemming on

Collections searched

AU-B, US-A, US-B, EP-B, WO

Search terms

bioreporter and (Sayler in inventor)

Results

27

Comments

Of the 27 results identified using these search terms, 4 results were identified as being of particular interest based on their abstracts and a review of their claims.

Patent applications filed and patents owned by Eastman Chemical Company

Technology overview

Eastman Chemical Company (headquarters located in Tennessee, US) was established in 1920 by George Eastman, who started supplying photography chemicals to Kodak.  They have expanded business throughout the years and currently provides chemicals, fibers and plastics for use in consumer products.  The patent documents described in this section filed by Eastman Chemical Co. discloses a reporter bacterium isolated from a biological sludge that is transformed with a reporter gene that is not naturally found in the bacterium.  Presence of toxic conditions in biological sludges are detected with decreasing reporter signal from these transgenic bacterium upon exposure to the toxic condition.  This research was conducted by a PhD candidate (now Dr) Christine J Kelly at the University of Tennessee, Knoxville, under support from the Eastman Chemical Company.  Dr Kelly isolated a Pseudomonas sp. strain Shk 1 (16rDNA accession AF042858) that was transformed with pUTK2 (Burlage et al. (1990).  Comparative genetic organization of incompatibility group P degradative plasmids.  J Bacteriol. 172:6818) containing the Tn4431 lux transposon via mating with E. coli harbouring the plasmid.  This research was published in Kelly et al. (1999).  Bioluminescent reporter bacterium for toxicity monitoring in biological wastewater treatment systems.  Water Environ Res. 71:31-35.[add a comment]

Details of patent documents

Patent or Publication no.

Title, Independent Claims and Summary

Assignee and licensing information

CA 2287940

  • Earliest priority - 1 May 1997
  • Filed - 29 Apr 1998
  • Application lapsed - 17 Mar 2004
  • Expected expiry - not applicable

Title - Bioluminescent reporter bacterium and methods for toxicity monitoring in biological wastewater treatment systems

Claim 1

A reporter bacterium, comprising

  • a bacterium that occurs naturally in a biological sludge and that contains a nucleic acid that encodes a reporter protein not found in the naturally occurring bacterium.
Claim 8

 A bioluminescent reporter bacterium, obtained by the process comprising:

  • contacting a bacteria-containing sample of a biological sludge with a donor bacterium, wherein

the donor bacterium contains a nucleic acid that encodes a bioluminescent reporter protein that does not naturally occur in biological sludge bacteria under conditions whereby mating can occur.

Claim 12

A bioluminescent reporter bacterium, obtained by the process comprising:

  • delivering to an isolated bacterium, that occurs naturally in a biological sludge, a nucleic acid construct which contains a nucleic acid that encodes a bioluminescent reporter protein that does not occur naturally in the bacterium, under conditions whereby the nucleic acid encoding the bioluminescent reporter protein is taken up by a bacterium in the sludge sample.
Claim 15

A method for making a bioluminescent reporter bacterium, comprising:

  • contacting a bacteria-containing sample of a biological sludge with a bacterium that contains a nucleic acid that encodes a bioluminescent reporter protein that does not naturally occur in biological sludge bacteria, under conditions whereby the nucleic acid encoding the reporter protein is taken up by a bacterium in the sludge sample.
Claim 16

A method for making a bioluminescent reporter bacterium, comprising:

  • delivering to an isolated bacterium, that occurs naturally in a biological sludge, a nucleic acid construct which contains a nucleic acid that encodes a bioluminescent reporter protein that does not occur naturally in the bacterium, under conditions whereby the nucleic acid encoding the reporter protein is taken up by the isolated sludge bacterium.

The claims are generally drawn towards:

  • a reporter bacterium that occurs naturally in a biological sludge and contains a nucleic acid that encodes a reporter protein not found in the naturally occurring bacterium (claim 1)
  • a bioluminescent reporter bacterium (claim 8, 12)
  • a method for making a bioluminescent reporter bacterium (claim 15, 16)

Definitions extracted from the claims are:

  • Biological sludge - includes sludges from wastewater treatment facilities (e.g., industrial, municipal, etc.) and is also commonly referred to as biosolids and wastewater solids.
  • Bacterium - can be any bacteria which do not naturally contain a bioluminescent reporter gene, and in a preferred embodiment are those bacteria which occur naturally in a biological sludge.
  • Donor bacterium - can be selected from among the bacteria used as donors in other contexts, for example, Escherichia coli, Alcaligenes eutrophus and Pseudomonas putida, although, theoretically, almost all known bacteria could serve as donors.
  • Reporter protein - can describe one protein that is sufficient to produce the signal, or more than one protein, which when expressed sequentially or simultaneously or with some temporal overlap, produces the signal.

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

Eastman Chemical Co.

P.O. BOX 511
KINGSPORT, TENNESSEE 37662

Licensing information:

Eastman Chemical Company
Technology Licensing and Alliances

P.O. Box 431, Bldg 280
Kingsport, TN 37662

Ph  800-Eastman(800-327-8626), Ext. 6076 
Fax +1-423-229-2811
Email licensing@eastman.com

US 6110661

  • Earliest priority - 1 May 1997
  • Filed - 2 Oct 1997
  • Granted - 29 Aug 2000
  • Expected expiry - 2 Oct 2017

Title - Bioluminescent reporter bacterium

Claim 1

A method of making and using bioluminescent reporter bacteria, the method comprising the following steps:

a) obtaining bacteria from biological wastewater sludge of a wastewater treatment facility;
b) introducing into said bacteria a nucleic acid construct that encodes a bioluminescent reporter protein under conditions whereby the nucleic acid encoding the bioluminescent reporter protein is taken up by, and expressed in, said bacteria, and wherein the bioluminescent reporter protein does not naturally occur in said bacteria;
c) contacting the influent from the wastewater treatment facility with the bioluminescent reporter bacteria obtained by steps a) and b);
d) detecting the bioluminescent reporter protein expressed by the bioluminescent reporter bacteria; and
e) correlating the presence of toxicity with the reduction in expression of the bioluminescent reporter protein;

wherein the bioluminescent reporter bacteria are made from bacteria obtained from the same wastewater treatment facility at which the bioluminescent reporter bacteria are to be used for detecting toxicity, and are therefore specifically adapted to the conditions of said wastewater treatment facility.

The claims are generally drawn towards:

  • a method of making and using bioluminescent reporter bacteria (claim 1)

Definitions extracted from the specification are provided in CA 2287940.

Comments:

Independent claim 1 (which is the only independent claim in granted US 6110661) is a method claim using the bioluminescent reporter bacterium, as opposed to the PCT application and the subsequent national phase entries that contain claims that are generally directed towards the bioluminescent reporter bacterium (see below for PCT application WO 1998/49337, note that applications do not have enforceable rights until they are granted). Therefore the scope of granted US 6110661 is relatively narrow in comparison to the other patent applications described in this section.

WO 1998/49337

  • Earliest priority - 1 May 1997
  • Filed - 29 Apr 1998
  • Published - 5 Nov 1998
  • Expected expiry - not applicable

Title - Bioluminescent reporter bacterium and methods for toxicity monitoring in biological wastewater treatment systems

Claim 1

A reporter bacterium, comprising

  • a bacterium that occurs naturally in a biological sludge and that contains a nucleic acid that encodes a reporter protein not found in the naturally occurring bacterium.
Claim 8

 A bioluminescent reporter bacterium, obtained by the process comprising:

  • contacting a bacteria-containing sample of a biological sludge with a donor bacterium, wherein

the donor bacterium contains a nucleic acid that encodes a bioluminescent reporter protein that does not naturally occur in biological sludge bacteria under conditions whereby mating can occur.

Claim 12

A bioluminescent reporter bacterium, obtained by the process comprising:

  • delivering to an isolated bacterium, that occurs naturally in a biological sludge, a nucleic acid construct which contains a nucleic acid that encodes a bioluminescent reporter protein that does not occur naturally in the bacterium, under conditions whereby the nucleic acid encoding the bioluminescent reporter protein is taken up by a bacterium in the sludge sample.
Claim 15

A method for making a bioluminescent reporter bacterium, comprising:

  • contacting a bacteria-containing sample of a biological sludge with a bacterium that contains a nucleic acid that encodes a bioluminescent reporter protein that does not naturally occur in biological sludge bacteria, under conditions whereby the nucleic acid encoding the reporter protein is taken up by a bacterium in the sludge sample.
Claim 16

A method for making a bioluminescent reporter bacterium, comprising:

  • delivering to an isolated bacterium, that occurs naturally in a biological sludge, a nucleic acid construct which contains a nucleic acid that encodes a bioluminescent reporter protein that does not occur naturally in the bacterium, under conditions whereby the nucleic acid encoding the reporter protein is taken up by the isolated sludge bacterium.

The claims are generally drawn towards:

  • a reporter bacterium that occurs naturally in a biological sludge and contains a nucleic acid that encodes a reporter protein not found in the naturally occurring bacterium (claim 1)
  • a bioluminescent reporter bacterium (claim 8, 12)
  • a method for making a bioluminescent reporter bacterium (claim 15, 16)

Definitions extracted from the claims are provided in CA 2287940.

Comments:

Since this is a published application and not a granted patent, there are no enforceable rights.

Remarks

  1. National phase entry of WO 1998/49337 in Japan (JP 2002500510) is deemed to be withdrawn on 26 Jul 2005.
  2. National phase entryof WO 1998/49337 in Australia (AU 72646/98) has lapsed on 13 Jul 2000.
  3. National phase entry of WO 1998/49937 in Europe (EP 979299) is deemed to be withdrawn on 30 Mar 2005.
  4. Other national phase entries of WO 1998/49337 include Brazil (BR 9809325), China (CN 1254382), Indonesia (ID 22801), South Africa (ZA 9803668).

Search strategy

Search details

Date of search

02/05/2006

Database searched

Patent Lens

Type of search

Simple, stemming on

Collections searched

AU-B, US-A, US-B, EP-B, WO

Search terms

bioreporter

Results

68

Comments

Of the 68 results identified using these search terms, 6 results were identified as being of particular interest based on their abstracts and a review of their claims.

Patent applications filed and patents owned by VITO 3

Technology overview

VITO (Vlaamse instelling voor technologisch onderzoek, Flemish Institute for Technological Research) is a research organization in Belgium with a focus on contract research in the fields of energy, environment and materials technology.  A research team lead by Dr Luc PE Verschaeve has identified a method to enhance detection of genotoxic compounds by introducing a second 'control' transgenic microorganism along with the first transgenic microorganism that contains a stress-inducible promoter linked to a reporter gene.  The second transgenic microorganism contains a constitutive promoter linked to the same reporter gene as that of the first microorganism, which provides a background signal that can be used to adjust the signal from the first transgenic microorganism.[add a comment]

VITO has registered a genotoxicity test that uses this technology (and WO 1997/41251; see chapter 5 Detection of metal and other toxic compounds), which is called VITOTOX, containing two S. typhimuruim strains; one transformed with E. coli recN2-4 (recN promoter up mutation) and the other with a constitutive promoter with the sigma 70 consensus sequence, both promoters of which are linked to luxCDABE.  The related journal article of this technology is Verschaeve et al. (1999).  VITOTOX bacterial genotoxicity and toxicity test for the rapid screening of chemicals.  Environ. Mol. Mutagen. 33(3):240-8.[add a comment]

Details of patent documents

Patent or Publication no.

Title, Independent Claims and Summary

Assignee and licensing information

CA 2290354
  • Earliest priority - 14 Apr 1998
  • Filed - 12 Apr 1999
  • Application pending
  • Expected expiry - not applicable

Title - Diagnostic systems and method for determining the presence of a genotoxic and/or toxic compound in a sample

Claim 1

A diagnostic system made of:

- a transformed micro-organism capable of an increased reporter activity upon exposure to an environmental insult, said micro-organism having a stress inducible promoter sequence being operatively linked to a reporter encoding nucleic acid sequence encoding a reporter molecule resulting in a signal that can be assayed, and of
- a transformed micro-organism having a constitutive and non stress inducible promoter sequence being operatively linked to a reporter encoding nucleic acid sequence encoding a reporter molecule resulting in a signal that can be assayed.

Claim 12

Method for determining the kinetics of genotoxicity of a compound into a sample, wherein the measuring of luminescence of both inducible and constitutive transformed micro-organisms occurs at multiple points in time, preferably continuously, and in addition carrying out the step of determining the signal-to-noise (S/N) ratio for the transformed micro-organisms at said point and time, dividing the S/N ratio of the inducible micro-organism by teat of the constitutive micro-organisms and plotting these data, said plotting representing the corrected kinetics ef genotoxicity of the genotoxic compound in the sample.

The claims are generally drawn towards:

  • a diagnostic system made of two transformed microorganisms , one with a stress inducible promoter and another with a constitutive and non-stress inducible promoter operably linked to a reporter (claim 1)
  • a method for determining the kinetics of genotoxicity of a compound into a sample (claim 12)

Definitions extracted from the description are provided in US 6472152.

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

VITO

BOERETANG 200
B-2400
MOL BELGIUM

Ph + 32 14 33 55 11
Fax + 32 14 33 55 99

vito@vito.be

EP 950717
  • Earliest priority - 14 Apr 1998
  • Filed - 14 Apr 1998
  • Application deemed to be withdawn - 25 Oct 2000
  • Expected expiry - not applicable

Title - Diagnostic systems and method for determining the presence of a genotoxic and/or toxic compound in a sample

Claim 1

A diagnostic system made of :

a transformed micro-organism capable of an increased reporter activity upon exposure to an environmental insult, said micro-organism having a stress inducible promoter sequence being operatively linked to a reporter encoding nucleic acid sequence encoding a reporter molecule resulting in a signal that can be assayed, and of
a transformed micro-organism having a constitutive and non stress inducible promoter sequence being operatively linked to a reporter encoding nucleic acid sequence encoding a reporter molecule resulting in a signal that can be assayed.

Claim 12

Method for determining the kinetics of genotoxicity of a compound into a sample, wherein the measuring of luminescence of both inducible and constitutive transformed micro-organisms occurs at multiple points in time, preferably continuously, and in addition carrying out the step of determining the signal-to-noise (S/N) ratio for the transformed micro-organisms at said point and time, dividing the S/N ratio of the inducible micro-organism by that of the constitutive micro-organisms and plotting these data, said plotting representing the corrected kinetics of genotoxicity of the genotoxic compound in the sample.

The claims are generally drawn towards:

  • a diagnostic system made of two transformed microorganisms , one with a stress inducible promoter and another with a constitutive and non-stress inducible promoter operably linked to a reporter (claim 1)
  • a method for determining the kinetics of genotoxicity of a compound into a sample (claim 12)

Definitions extracted from the description are provided in US 6472152.

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

US 6472152

  • Earliest priority - 14 Apr 1998
  • Filed - 12 Apr 1999
  • Granted - 29 Oct 2002
  • Expected expiry - 12 Apr 2019

Title - Diagnostic systems and method for determining the presence of a genotoxic and/or toxic compound in a sample

Claim 1

A diagnostic system comprising:

  1. a first transformed micro-organism capable of an increased reporter activity upon exposure to an environmental insult, said micro-organism having a stress inducible promoter sequence being operatively linked to a nucleic acid sequence encoding a reporter molecule resulting in a signal that can be assayed, and
  1. a second transformed micro-organism having a constitutive and non-stress inducible promoter sequence being operatively linked to a nucleic acid sequence encoding a reporter molecule resulting in a signal that can be assayed, wherein

said second and first microorganisms are Salmonella typhimurium microorganisms selected from the group consisting of

  • Ames test micro-organism, micro-organism designated by deposit number LMG P-18318, transformed TA98, transformed TA100, transformed TA102, transformed TA104, transformed TA1538, transformed TA7001 to transformed TA7005, and transformed TA7041 to transformed TA7046,

said micro-organisms being suitable to cooperatively detect said environmental insult while eliminating false positive and false negative result.

The claims are generally drawn towards:

  • a diagnostic system comprising two transformed S. typhimurium strains, one with a stress inducible promoter and another with a constitutive and non-stress inducible promoter operably linked to a nucleic acid encoding a reporter molecule (claim 1)

Definitions extracted from the description are:

  • Environmental insult - this term is not defined in the specification. Dependent claim 7 recites this term as 'the presence of a genotoxic and/or a toxic compound in a sample'
  • Stress inducible promoter - this term is not defined in the specification. Examples of promoters are provided in the following statement: 'Advantageously, the stress inducible promoter sequence in the transformed bioluminescent micro-organism of the diagnostic system according to the invention is selected from the group consisting of groEL, dnaK, grpE, phoA, glnA, lon, lysU, rpoD, clpB, clpP, uspA, katG, uvrA, frda, micF, fabA, lac, his, sodA, sodB, soi-28, recA, xthA, narG, recF, recj, recN, recO, recQ, ruv, uvrD, ars, cad, mer, pco, and sfiA.'
  • Reporter - this term is not defined in the specification. Examples of reporters are provided in the following statement: 'Preferably, both transformed micro-organisms are bioluminescent micro-organisms and the signal can be assayed as light production. Other possibilities are the peroxydase, alkaline phosphatase, β-gal and gus genetic sequence...'
  • LMG P-18318 - "pr1" strain, which is a transgenic S. typhimurium TA104 containing a constitutive promoter and luxCDABE

Comments:

Independent claim 1 of US 6472152 is relatively narrow in comparison to the other patent applications presented in this section (note: US 6472152 is the only granted patent presented in this section) in terms of the microorganism that can be used, which is limited to particular strains of S. typhimurium.

WO 1999/53092

  • Earliest priority - 14 Apr 1998
  • Filed - 12 Apr 1999
  • Published - 21 Oct 1999
  • Expected expiry - not applicable

Title - Diagnostic systems and method for determining the presence of a genotoxic and/or toxic compound in a sample

Claim 1

A diagnostic system made of

- a transformed micro-organism capable of an increased reporter activity upon exposure to an environmental insult, said micro-organism having a stress inducible promoter sequence being operatively linked to a reporter encoding nucleic acid sequence encoding a reporter molecule resulting in a signal that can be assayed, and of
- a transformed micro-organism having a constitutive and non stress inducible promoter sequence being operatively linked  to  a reporter encoding nucleic acid sequence encoding a reporter molecule resulting in a signal that can be assayed.

Claim 12

Method for determining the kinetics of genotoxicity of a compound into a sample, wherein the measuring of luminescence of both inducible and constitutive transformed micro-organisms occurs at multiple points in time, preferably continuously, and in addition carrying out the step of determining the signal-to-noise (S/N) ratio for the transformed micro-organisms at said point and time, dividing the S/N ratio of the inducible micro-organism by that of the constitutive micro-organisms and plotting these data, said plotting representing the corrected kinetics of genotoxicity of the genotoxic compound in the sample.

The claims are generally drawn towards:

  • a diagnostic system made of two transformed microorganisms , one with a stress inducible promoter and another with a constitutive and non-stress inducible promoter operably linked to a reporter (claim 1)
  • a method for determining the kinetics of genotoxicity of a compound into a sample (claim 12)

Definitions extracted from the description are provided in US 6472152.

Comments:

Since this is a published application and not a granted patent, there are no enforceable rights.

Remarks
  1. National phase entry of WO 1999/53092 in China (CN 1227367) was granted on 16 Nov 2005.
  2. National phase entry of WO 1999/53092 in Europe (EP 977896) and Japan (JP 2002/509446) are pending.
  3. National phase entry of WO 1999/53092 in Australia (AU 36944/99) has lapsed on 22 May 2003.
  4. Other national phase entry of WO 1999/53092 includes Brazil (BR 9906356).

Search strategy

Search details

Date of search

17/05/2006

Database searched

Patent Lens

Type of search

Simple, stemming on

Collections searched

AU-B, US-A, US-B, EP-B, WO

Search terms

VITO in applicant

Results

3

Comments

Of the 3 results identified using these search terms, 3 results were identified as being of particular interest based on their abstracts and a review of their claims.

Appendix

Summary

The appendix contains patent documents that have been analysed, but are not within the scope of this technology landscape.  These patent documents are relevant to the subject of bioindicator systems because of their utility (use of reporter genes in bioindicators, or polypeptides coding for enzymes that can be used in a biosensor system), however, the claims are not directly drawn towards bioindicators, or methods/devices to detect substances or environmental conditions, therefore were added in this section.[add a comment]

Patent application filed and patent owned by Toyobo Co. Ltd

Technology overview

A family of US patent documents described in this section discloses the nucleic acid and amino acid sequence of two luciferases (green light-emitting and red light-emitting) from Phrixothrix species.  One of the utilities listed in the description of these patent documents is the use of these luciferases as a reporter in a biosensor system, where the genes can be operatively linked to an inducible promoter.  The assignee is Toyo Boseki Co. (known as Toyobo).  Toyobo Co. Ltd was founded in 1882 as a cotton spinning company, which later expanded business and currently has three main business sectors in fiber and textile, plastic products, and bio, medical and functional materials.[add a comment]

Details of patent documents

Patent or Publication no.

Title, Independent Claims and Summary

Assignee and licensing information

US 6962986

  • Earliest priority - 1 Sept 1999
  • Filed - 14 Nov 2001
  • Granted - 8 Nov 2005
  • Expected expiry - 1 Sept 2019

Title - Nucleic acid molecules encoding red and green emitting luciferases

Claim 1

An isolated nucleic acid molecule encoding a green light emitting luciferase selected from the group consisting of:

a) a nucleic acid molecule comprising SEQ ID NO:1; and
b) a nucleic acid molecule that hybridizes to SEQ ID NO:1 under high stringency conditions comprising washing in a solution containing 0.1×SSC/0.1% SDS for 15 min at 68° C.; or
a nucleic acid molecule that is 100% complementary to (a) or (b)
wherein the encoded green light emitting luciferase emits green bioluminescence having a maximum lambda of approximately 549 nm when expressed in E coli.

The claims are generally drawn towards:

  • an isolated nucleic acid molecule encoding a green light emitting luciferase (claim 1)

Definitions extracted from the description are:

  • SEQ ID NO:1 - nucleotide sequence coding for Phrixothrix vivianii luciferase
  • high stringency conditions - explained on pages 2.10.1-2.10.16 and pages 6.3.1-6 in Current Protocols in Molecular Biology (Ausubel, F. M. et al., “Current Protocols in Molecular Biology”, John Wiley & Sons, (1998)) the teachings of which are hereby incorporated by reference

Comments:

This granted patent is a continuation of US 09/516958 (abandoned), which is a continuation-in-part of US 09/388290 (abandoned)

Toyobo Co. Ltd

2-8, DOJIMA HAMA 2-CHOME, KITA-KU
OSAKA-SHI, OSAKA-FU, JAPAN

Ph +81-6-6348-3111
Fax +81-6-6348-3206

Company website:

http://www.toyobo.co.jp/e/index.htm

The R&D site has a web-based form for enquiries concerning Toyobo technology.

US 2002/119542

  • Earliest priority - 1 Sept 1999
  • Filed - 14 Nov 2001
  • Granted as US 6962986 (see above)
  • Expected expiry - not applicable

Title - Nucleic acid molecules encoding red and green emitting luciferases

Claim 1

An isolated nucleic acid molecule comprising a nucleotide sequence selected from the group consisting:

a) SEQ ID NO: 1;

b) the complement of SEQ ID NO: 1;

c) nucleic acid molecule which is greater than about 90 percent identical to the nucleic acid sequence of SEQ ID NO: 1 or the complement of SEQ ID NO: 1;

d) nucleic acid encoding a polypeptide having the amino acid sequence of SEQ ID NO: 3; and

e) nucleic acid encoding a polypeptide having an amino acid sequence which is greater than about 93 percent identical to the amino acid sequence of SEQ ID NO: 3.

Claim 3

An isolated nucleic acid molecule encoding a luciferase which hybridizes under high stringency conditions to a nucleotide sequence selected from the group consisting:

a) SEQ ID NO: 1; and

b) the complement of SEQ ID NO: 1.

Claim 5

An isolated nucleic acid molecule contained in deposit pB1-PvGR .

The claims are generally drawn towards:

  • an isolated nucleic acid molecule comprising a nucleotide sequence coding for Phrixothrix vivianii luciferase (claim 1, 3)
  • an isolated nucleic acid molecule contained in pB1-PvGR (claim 5)

Definitions extracted from the description are:

  • SEQ ID NO:1 - nucleotide sequence of the green light emitting luciferase cDNA of Phrixothrix vivianii
  • SEQ ID NO:2 - deduced amino acid sequence of SEQ ID NO:1
  • SEQ ID NO:3 - nucleotide sequence of the red light emitting luciferase cDNA of Phrixothrix hirtus
  • SEQ ID NO:4 - deduced amino acid sequence of SEQ ID NO:3
  • pB1-PvGR - there is no definition for this plasmid. Accoding to Viviani et al. (Biochem. 1999, 38: 8271-8279), this plasmid is pB1 containing a 0.75 kb EcoRV/BamH1 fragment of the green light emitting luciferase cDNA of Phrixothrix vivianii
  • high stringency conditions - explained on pages 2.10.1-2.10.16 and pages 6.3.1-6 in Current Protocols in Molecular Biology (Ausubel, F. M. et al., “Current Protocols in Molecular Biology”, John Wiley & Sons, (1998)) the teachings of which are hereby incorporated by reference

Comments:

Since this is a published application and not a granted patent, there are no enforceable rights.

Term 'SEQ ID NO:3' in claim 1 is most probably a misprinting of 'SEQ ID NO:2', as the latter is the deduced amino acid sequence of SEQ ID NO:1, whereas SEQ ID NO:3 is a nucleotide sequence of a luciferase cDNA of another Phrixothrix species, and not an amino acid sequence (see definitions of terms above).

US 2005/089964

  • Earliest priority - 1 Sept 1999
  • Filed - 14 Nov 2001
  • Application pending
  • Expected expiry - not applicable

Title - Nucleic acid molecules encoding red and green emitting luciferases

Claim 1

An isolated nucleic acid molecule encoding a red light emitting luciferase which hybridizes under high stringency conditions to a nucleotide sequence selected from the group consisting of:

(a) SEQ ID NO.3, and
(b) the complement of SEQ ID No.3,
wherein said high stringency conditions correspond to washing in prewarmed (68° C.) solution containing 0.1×SSC/0.1% SDS for 15 min at 68° C.,
wherein the encoded red light emitting luciferase emits red bioluminescence having a maximum lambda of approximately 622 nm when expressed in E coli.

The claims are generally drawn towards:

  • an isolated nucleic acid molecule encoding a red light emitting luciferase (claim 1)

Definitions extracted from the description are:

  • SEQ ID NO:3 - nucleotide sequence of the red light emitting luciferase cDNA of Phrixothrix hirtus

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

This application is a division of now granted US 6962986.

Search strategy

Search details

Date of search

01/05/2006

Database searched

Patent Lens

Type of search

Structured, stemming on

Collections searched

AU-B, US-A, US-B, EP-B, WO

Search terms

biosensor (Toyo in applicant)

Results

7

Comments

Of the 7 results identified using these search terms, one result was identified as being of particular interest based on the abstract and a review of the claims.

Patent applications filed by the University of Tennessee Research Foundation

Technology overview

A research team lead by Dr Gary S. Sayler at the Center for Environmental Biotechnology at the University of Tennessee, Knoxville investigated codon optimization of luxA and luxB from Photorhabdus luminsecens for expression in mammalian cells, and filed patent applications based on their findings.  They have also published this research in a scientific journal after filing of the PCT application: Patterson et al. (2005). Codon optimization of bacterial luciferase (lux) for expression in mammalian cells.  J Ind Microbiol Biotechnol. 32(3):115-23.[add a comment]

Details of patent documents

Patent or Publication no.

Title, Independent Claims and Summary

Assignee and licensing information

US 2004/142356

  • Earliest priority - 30 Oct 2002
  • Filed - 30 Oct 2003
  • Application pending
  • Expected expiry - not applicable

Title - Modified luciferase nucleic acids and methods of use

Claim 1

A nucleic acid comprising a codon-optimized nucleotide sequence encoding a component of a bacterial luciferase system.

Claim 9

A cell comprising a nucleic acid comprising a codon-optimized nucleotide sequence encoding a component of a bacterial luciferase system.

Claim 19

A method comprising the step of introducing into a mammalian cell a nucleic acid comprising a codon-optimized nucleotide-sequence encoding a component of a bacterial luciferase system.

The claims are generally drawn towards:

  • a nucleic acid comprising a codon-optimized bacterial luciferase system (claim 1)
  • a cell comprising a codon-optimized bacterial luciferase system (claim 9)
  • a method comprising introducing a codon-optimized bacterial luciferase system into a mammalian cell (claim 19)

Definitions extracted from the specification are:

  • Codon-optimized nucleotide sequence - one that differs from a naturally occurring sequence by at least one (e.g., 2, 3, 4, 5, 10, 25, 50, 100, 200 or more or all) codon substitution, the codon substitution being one that promotes a higher level of expression of the nucleic acid in a given cell, than does the naturally occurring sequence.
  • Component of a bacterial luciferase system - LuxA, LuxB, LuxC, LuxD, LuxE, or FMN oxidoreductase.
  • Cell - Although the codon-optimized nucleic acids of the invention are optimized for use in mammalian-cells, the nature of mammalian codon usage allows expression of the nucleic acids in non-mammalian cells such as those from organisms such as zebrafish, yeast (e.g., Candida species), and plants (e.g., tobacco, canola, arabidopsis).

Comments:
Since this is a published application and not a granted patents, currently there are no enforceable rights.

University of Tennessee Research Foundation

1534 WHITE AVENUE
SUITE 403
KNOXVILLE, TENNESSEE 37996
Ph: +1-865-974-1882

Email: vhunley@tennessee.edu

WO 2004/042010

  • Earliest priority - 30 Oct 2002
  • Filed - 30 Oct 2003
  • Published - 21 may 2004
  • Expected expiry - not applicable

Title - Modified luciferase nucleic acids and methods of use

Claim 1

A nucleic acid comprising a codon-optimized nucleotide sequence encoding a component of a bacterial luciferase system.

Claim 9

A cell comprising a nucleic acid comprising a codon-optimized nucleotide sequence encoding a component of a bacterial luciferase system.

Claim 19

A method comprising the step of introducing into a mammalian cell a nucleic acid comprising a codon-optimized nucleotide-sequence encoding a component of a bacterial luciferase system.

The claims are generally drawn towards:

  • a nucleic acid comprising a codon-optimized bacterial luciferase system (claim 1)
  • a cell comprising a codon-optimized bacterial luciferase system (claim 9)
  • a method comprising introducing a codon-optimized bacterial luciferase system into a mammalian cell (claim 19)

Definitions extracted from the specification are provided in US 2004/142356.

Comments:

Since this is a published application and not a granted patent, there are no enforceable rights.

Remarks

National phase entry of WO 2004/042010 in Australia (AU 2003/301883) is pending.

Search strategy

Search details

Date of search

14/09/2006

Database searched

Patent Lens

Type of search

Simple, stemming on

Collections searched

AU-B, US-A, US-B, EP-B, WO

Search terms

bioreporter and (Sayler in inventor)

Results

27

Comments

Of the 27 results identified using these search terms, 4 results were identified as being of particular interest based on their abstracts and a review of their claims.

Patent application filed and patents owned by The Secretary of State for Defence in her Britannic Majesty's Government of the United Kingdom of Great Britain & North Ireland of Defence Science and Technology Laboratory (DSTL, formerly Defence Evaluation and Research Agency)

Technology overview

The patent family described in this section was disclosed by a research team lead by Dr N.C. Bruce at the Institute of Biotechnology, University of Cambridge at the time of filing.  The technology concerns PETN reductase and its corresponding onr gene, which codes for an enzyme that catalyses the removal of nitrite from PETN, glycerol trinitrate (GTN) and ethylene glycol dinitrate (EGDN).  PETN has diverse applications in explosives, detonators, and in the pharmaceutical field. Synthesis, utilization and disposal of PETN can lead to environmental contamination of this compound due to its recalcitrant nature.[add a comment]

The title of the assignees in the four patent documents described below are all slightly different, but seem to be the same entity (DSTL).[add a comment]

Details of patent documents

Patent or Publication No.

Title, Independent Claims and Summary

Assignee and licensing information

CA 2226729

  • Earliest priority - 11 Jul 1995
  • Filed - 8 Jul 1996
  • Application pending
  • Expected expiry - not applicable

Title - Detection and biodegradation of explosives

Claim 1

A PETN reductase enzyme which catalyses the removal of nitrite from PETN characterised in having the amino acid sequence shown in Figure 4 or a derivative thereof.

Claim 28

An Enterobacter cloacae bacterial strain referred to as "PB2" and deposited as NCIMB 40718, and mutants and variants thereof capable of producing enzymic activity which degrades PETN in the presence of NADPH.

The claims are generally drawn towards:

  • a pentraerythritol tetranitrate (PETN) reductase enzyme (claim 1)
  • An E. cloacae strain deposited as NCIMB 40718, and mutants and variants thereof (claim 28)

Definitions extracted from the specification are provided in WO 1997/03201.

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

The Secretary of State for Defence in her Britannic Majesty's Government of the United Kingdom of Great Britain & North Ireland

DSTL has a technology transfer and management company called Ploughshare Innovations Ltd (a subsidiary of DSTL, URL: http://www.ploughshareinnovations.com/):

Contact

Dr. Taj S Mattu - Marketing Manager
Ph +44 (0) 1980 590062
Email tajmattu@ploughshareinnovations.com

EP 837941

  • Earliest priority - 11 Jul 1995
  • Filed - 8 Jul 1996
  • Granted - 12 Mar 2003
  • Expected expiry - 8 Jul 2016

Title - Detection and biodegradation of explosives

Claim 1

A pentaerythritol tetranitrate (PETN) reductase which catalyses the removal of nitrite from PETN, characterised in that

it comprises the amino acid sequence shown in Figure 4, or a derivative thereof, which

  • derivative has PETN reductase activity that catalyses the removal of nitrite from PETN and which
  • has insertions, deletions and/or substitutions of the amino acid sequence of Figure 4, and which
  • is encodeable by a nucleic acid sequence which is at least 70% identical to the coding sequence of Figure 3.

Claim 30

An Enterobacter cloacae bacterial strain deposited as NCIMB 40718 and mutants and variants thereof capable of producing enzymatic activity degrading PETN in the presence of NADPH.

The claims are generally drawn towards:

  • a pentraerythritol tetranitrate (PETN) reductase enzyme (claim 1)
  • An E. cloacae strain deposited as NCIMB 40718, and mutants and variants thereof (claim 30)

Definitions extracted from the specification are provided in WO 1997/03201.

Designated contracting States at the time of grant are: Switzerland, Germany, Spain, France, United Kingdom, Italy, Liechtenstein, Netherlands, Sweden

The Secretary of State for Defence (GB), The Secretary of State for DSTL

Porton Down, Salisbury, Wiltshire SP4 0JQ GB

DSTL has a technology transfer and management company called Ploughshare Innovations Ltd (a subsidiary of DSTL, URL: http://www.ploughshareinnovations.com/):

Contact

Dr. Taj S Mattu - Marketing Manager
Ph +44 (0) 1980 590062
Email tajmattu@ploughshareinnovations.com

US 5928859

  • Earliest priority - 11 Jul 1995
  • Filed - 8 Jul 1996
  • Granted - 27 Jul 1999
  • Expected expiry - 8 Jul 2016

Title - Detection and biodegradation of explosives

Claim 1

A PETN reductase enzyme which catalyses the removal of nitrite from PETN characterised in having the amino acid sequence as set forth in SEQ ID NO: 2.

Claim 13

A method of detecting PETN in a sample, comprising

(1) subjecting the sample to a reaction involving the removal of nitrite from PETN, the reaction being carried out in the presence of NADPH and PETN reductase enzyme, having the amino acid sequence as set forth in SEQ ID NO: 2 until NADP and nitrite are produced, and

(2) detecting the occurrence of said reaction.

Claim 24

An Enterobacter cloacae bacterial strain referred to as "PB2" and deposited as NCIMB 40718, and mutants thereof capable of producing enzymic activity which degrades PETN in the presence of NADPH.

The claims are generally drawn towards:

  • a pentraerythritol tetranitrate (PETN) reductase enzyme (claim 1)
  • a method of detecting PETN (claim 13)
  • an E. cloacae strain deposited as NCIMB 40718, and mutants and variants thereof (claim 24)

Definitions extracted from the description are:

  • SEQ ID NO: 2 - amino acid sequence of PETN reductase (referred to as Figure 4 in WO 1997/03201 and others)

Comments:
Claim 1 recites a PETN reductase enzyme that is characterised as having a defined amino acid sequence, the application of which is not defined and therefore any kind of use is not limited.

The Secretary of State for Defence in her Britannic Majesty's Government of the United Kingdom of Great Britain & North Ireland of Defence Evaluation Research Agency

IVELY ROAD
FAMBOROUGH, HANTS, UNITED KINGDOM GU14

DSTL has a technology transfer and management company called Ploughshare Innovations Ltd (a subsidiary of DSTL, URL: http://www.ploughshareinnovations.com/):

Contact

Dr. Taj S Mattu - Marketing Manager
Ph +44 (0) 1980 590062
Email tajmattu@ploughshareinnovations.com

WO 1997/03201

  • Earliest priority - 11 Jul 1995
  • Filed - 8 Jul 1996
  • Published - 30 Jan 1997
  • Expected expiry - not applicable

Title - Detection and biodegradation of explosives

Claim 1

A PETN reductase enzyme characterised in that:
(1) it catalyses the removal of nitrite from PETN; and
(2) it has reductase activity specifically at the nitrate ester linkage of PETN.

Claim 3

An enzyme having the amino acid sequence shown in Figure 4 or a derivative thereof.

Claim 4

The gene (designated onr) which encodes the enzyme, or a derivative thereof.

Claim 5

A DNA molecule including the nucleotide sequence of the onr gene as shown in Figure 3 or a derivative of that sequence.

Claim 6

An enzyme comprising substantially the transcribed product of the onr gene.

Claim 8

A recombinant DNA vector containing the onr gene or a derivative thereof.

Claim 9

A host cell transformed with the onr gene or a derivative thereof.

Claim 12

PETN reductase enzyme which is recombinantly produced.

Claim 13

A method for the production of PETN reductase enzyme or a derivative thereof which comprises the steps of:
1) transforming host cells with the onr gene or a derivative thereof,
2) suitably culturing said transformed host cells; and
3) extracting the enzyme from the growth medium or from the host cells after disruption thereof.

Claim 25

A biosensor for the detection of PETN in a sample which comprises

  • means for contacting the sample with a PETN reductase enzyme in the presence of NADPH and
  • means for detecting the occurrence of a reaction, catalysed by the enzyme, of PETN when PETN is present in the sample.

Claim 26

A biosensor for the detection of GTN and/or EGDN in a sample which comprises

  • means for contacting the sample with a PETN reductase enzyme in the presence of NADPH and
  • means for detecting the occurrence of a reaction, catalyzed by the enzyme, of GTN and/or EGDN when either or both is present in the sample.

Claim 32

An Enterobacter cloacae bacterial strain referred to as"PB2" and deposited as NCIMB 40718, and mutants and variants thereof capable of producing enzymic activity which degrades PETN in the presence of NADPH.

The claims are generally drawn towards:

  • the pentraerythritol tetranitrate (PETN) reductase enzyme (claims 1, 3, 12)
  • the onr gene (which codes for PETN reductase; claim 4)
  • a DNA molecule including the nucleotide sequence of the onr gene (claim 5)
  • an enzyme comprising substantially the transcribed product of the onr gene (claim 6)
  • a recombinant DNA vector containing the onr gene (claim 8)
  • a host cell transformed with the onr gene (claim 9)
  • a method for the production of PETN reductase enzyme (claim 13)
  • a biosensor for the detection of PETN in a sample (claim 25)
  • a biosensor for the detection of glycerol trinitrate (GTN) and/or ethylen glycol dinitrate (EGDN) in a sample (claim 26)
  • an E. cloacae strain deposited as NCIMB 40718, and mutants and variants thereof (claim 32)

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

Definitions extracted from the description are:

  • Figure 4 - amino acid sequence of a PETN reductase enzyme
  • Derivative (of the enzyme) - a version of the enzyme sequence of Figure 4 containing insertions, deletions and/or substitutions of the amino acid sequence such that the functionality of the enzyme is retained.
  • Figure 3 - nucleotide sequence of the onr gene
  • Derivative (of the gene) - homologues of the gene having a coding sequence which is at least 70% identical to the onr gene, involving any and all single or multiple nulceotide additions, deletions and/or substitutions thereto.
  • Substantially (in claim 6) - the extent of this term is not specified, therefore attention should be sought by the reader that this term is ambiguous and warrants consideration
  • Host cell - may be provided by either prokaryotic or eukaryotic organisms

The Secretary of State for Defence (GB), Defence Evaluation & Research Agency

DSTL has a technology transfer and management company called Ploughshare Innovations Ltd (a subsidiary of DSTL, URL: http://www.ploughshareinnovations.com/):

Contact

Dr. Taj S Mattu - Marketing Manager
Ph +44 (0) 1980 590062
Email tajmattu@ploughshareinnovations.com

Remarks

  1. Other national phase entries of WO 1997/03201 include Czech Republic (CZ 295656, reported as granted on INPADOC), Hungary (HU 224000, reported as granted on INPADOC), Israel (IL 122801), Norway (NO 980107), Poland (PL 188502, reported as granted on INPADOC)
  2. National phase entry of WO 1997/03201 in Australia (AU 6365296) has lapsed on 2 Apr 1998.

Search strategy

Search details

Date of search

19/04/2006

Database searched

Patent Lens

Type of search

Structured, stemming on

Collections searched

AU-B, US-A, US-B, EP-B, WO

Search terms

(Bruce in inventor) AND (pentaerythritol AND tetranitrate AND reductase)

Results

6

Comments

Of the 6 results identified using these search terms, one result was identified as being of particular interest based on the full name of the inventor, abstract and a review of the claims.

Patent owned by Duke University

Technology overview

A group of cadmium-induced RNAs were isolated and corresponding cDNAs were sequenced from the nematode Caenorhabditis elegans by PhD student Vivian Hsiu-Chuan Liao and assistant professor Dr Jonathan Freedman from Nicholas School of the Environment, Duke University at the time of filing.  The related scientific publication is Liao VH, Freedman JH. (1998).  Cadmium-regulated Genes from the Nematode Caenorhabditis elegansJ Biol Chem. 273(48):31962-70273.[add a comment]

Details of the patent document

Patent or Publication no.
Title, Independent Claims and Summary
Assignee and licensing information

US 6916915

  • Earliest priority - 20 Nov 1998
  • Filed - 10 Nov 1999
  • Granted - 12 Jul 2005
  • Expected expiry - 10 Nov 2019

Title - Stressor regulated genes

Claim 1

An isolated nucleic acid comprising the sequence of DDRT2 (SEQ ID NO:34).

Claim 2

An isolated nucleic acid comprising the sequence of DDRT7 (SEQ ID NO:50).

Claim 3

An isolated nucleic acid comprising the sequence of DDRT16 (SEQ ID NO:40).

Claim 4

An isolated nucleic acid comprising the sequence of DDRT26 (SEQ ID NO:14).

The claims are generally drawn towards the following four isolated nucleic acids comprising:

  1. DDRT2 - GenBank Accession no. AF071362 (claim 1)
  2. DDRT7 - GenBank Accession no. AF071398 (claim 2)
  3. DDRT16 - GenBank Accession no. AF071356 (claim 3)
  4. DDRT26 - GenBank Accession no. AF071379 (claim 4)

Comments:

The detailed description provides a section that introduces the invention to include in its scope transgenic organims (animals and plants) containing the genes above. The statement is extracted as follows:
'C. elegans or other organisms, the genome of which has been engineered to include a cadmium-responsive gene. The gene can be modified to express a reporter protein (e.g., ß-galactosidase or green fluorescent protein) in place of the normal structural gene.'

Differential display reverse transcription (DDRT) - a polymerase chain reaction (PCR)-based method to identify genes that are differentially expressed in cells under altered conditions.

Duke University

DURHAM, NORTH CAROLINA 27708

Duke University Office of Science and Technology website has a list of staff that can be contacted for licensing:

http://www.duke.edu/web/ost/technology/index.html

Search strategy

Search details

Date of search

28 Apr 2006

Database searched

Patent Lens

Type of search

Simple

Collections searched

AU-B, US-A, US-B, EP-B, WO

Search terms

biomonitor and cadmium

Results

22

Comments

Of the 22 results identified using these search terms, 3 results were identified as being of particular interest based on their abstracts and a review of their claims.

Patent applications filed and patents owned by Performance Plants Inc.

Technology overview

Performance Plants Inc. (homepage: http://www.performanceplants.com/home.html) was founded in 1995 by Dr David Dennis and Dr Daniel Lefebvre of Queens University at Ontario, Canada as a plant biotechnology R&D company.  Currently available technology include development of stress (heat and drought) -resistant plants, and plants with increased product yield.  They have been actively filing patent applications of their technology through the PCT route and USPTO.[add a comment]

The patent family described below discloses a nucleic acid coding for a promoter that is unducible upon conditions of phosphate deprivation/limitation.  Mohammed Ali Malboobi, a PhD candidate under supervision of Dr Lefebvre at the time the research was conducted, identified psr3.2 (phosphate starvation-response) from Arabidopsis thaliana by screening the A. thaliana genome library for genes that hybridize to psr3.1, which was previously isolated from Brassica nigra.  This gene was found to code for a protein that belongs to the ß-glycosidase family, and was highly expressed in roots under starvation of inorganic phosphate (Malboobi MA, Lefebvre DD. (1997).  A phosphate-starvation inducible beta-glucosidase gene (psr3.2) isolated from Arabidopsis thaliana is a member of a distinct subfamily of the BGA family.  Plant Mol Biol. 34(1):57-68.).  The promoter region of psr3.2 was determined and and patent applications for the nucleic acid sequence and methods to use the sequence were filed.[add a comment]

Details of patent documents

Patent or Publication no.

Title, Independent Claims and Summary

Assignee and Licensing Information

US 5922564

  • Earliest priority - 24 Feb 1997
  • Filed - 24 Feb 1997
  • Granted - 13 Jul 1999
  • Expected expiry - 24 Feb 2017

Title - Phosphate-deficiency inducible promoter

Claim 1

Isolated DNA of a photosynthetic organism which, when operably linked to a structural gene, induces transcription of the structural gene in a cell of a photosynthetic organism under conditions of phosphate deficiency but not under conditions of phosphate sufficiency.

Claim 24

A method of increasing a phosphate-deficiency response in a photosynthetic organism comprising:

a) inserting isolated DNA comprising nucleotides 1 to 1699 of SEQ ID NO:1, or 50 to 200 or more consecutive nucleotides of the sequences comprising nucleotides 1 to 1699 of SEQ ID NO:1, linked to a structural gene into a cell, group of cells, tissue or organ of a photosynthetic organism;

b) maintaining the cell, group of cells, tissue or organ under conditions of phosphate deficiency so that the structural gene is expressed; wherein the phosphate-deficiency response is increased.

Claim 27

A method for expressing a gene product in a cell, a group of cells, a tissue or an organ of a plant, photosynthetic organism or plant tissue culture comprising:

a) transforming the cell, group of cells, tissue or organ with a DNA construct comprising:

    i) a phosphate-deficiency inducible promoter or 50 to 200 or more consecutive nucleotides of the sequence comprising nucleotides 1 to 1699 of SEQ ID NO:1;

    ii) DNA encoding a structural gene operably linked to the promoter; and

    iii) a 3' untranslated region containing a polyadenylated region;

b) regenerating a plant, photosynthetic organism or plant tissue culture from the cell, group of cells, tissue or organ; and

c) placing the plant, photosynthetic organism or tissue culture under conditions of phosphate deficiency; wherein the promoter induces transcription of the structural gene so that the gene product is expressed.

Claim 31

A method of detecting transformation in a cell, a group of cells, a tissue, an organ or an organism comprising:

a) incorporating a DNA comprising a phosphate-deficiency inducible promoter obtained from a photosynthetic plant operably linked to a structural gene encoding a product into a cell, a group of cells, a tissue, an organ or an organism; and

b) maintaining the cell, group of cells, tissue, organ or organism under phosphate deficient conditions appropriate for promoter activity so that the product is expressed; wherein expression of the product is indicative of a transformed cell, a transformed group of cells, a transformed tissue, a transformed organ or a transformed organism.

Claim 32

Isolated plant DNA which, when operably linked to a structural gene, induces transcription of the structural gene in a cell of a photosynthetic organism under conditions of phosphate deficiency but not under conditions of phosphate sufficiency.

The claims are generally drawn towards:

  • an isolated DNA of a photosynthetic organism that induces transcription of the structural gene in a cell of a photosynthetic organism under conditions of phosphate deficiency (claim 1)
  • a method of increasing a phosphate-deficiency response in a photosynthetic organism (claim 24)
  • a method for expressing a gene product in a cell, a group of cells, a tissue or an organ of a plant, photosynthetic organism or plant tissue culture (claim 27)
  • a method of detecting transformation in a cell, a group of cells, a tissue, an organ or an organism (claim 31)
  • an isolated plant DNA that induces transcription of the structural gene in a cell of a photosynthetic organism under conditions of phosphate deficiency (claim 32)

Definitions extracted from the description are:

  • isolated DNA (nucleic acid) - nucleic acids separated away from the nucleic acids of the genomic DNA or cellular RNA of their source of origin (e.g., as it exists in cells or in a mixture of nucleic acids such as a library), and may have undergone further processing.
  • photosynthetic organism - there is no definition for this term. A subsequent dependent claim recites a 'plant'. The following organisms are 'included' according to the description: angiosperms (monocots and dicots), gymnosperms, spore-bearing or vegetatively-reproducing plants and the algae, including the cyanophyta (blue-green algae)... multicellular and unicellular algae'.
  • structural gene - a gene, regulatory or otherwise, which encodes a product, such as a peptide, polypeptide or protein.
  • phosphate deficiency - there is no definition for this term. Example 6 describes an experiment with transgenic A. thaliana seedlings that were 'starved for inorganic phosphate for 14 days'.
  • starvation - a level of phosphate available to the plant which is not only limiting, but is below that required for normal maintenance and/or growth wherein, if phosphate is maintained at that level, the plant or photosynthetic organism would eventually die for lack of adequate phosphorus.
  • SEQ ID NO:1 - DNA sequence of 5'-flanking region of psr3.2 gene
  • psr3.2 - phosphate-starvation responsive β-glucosidase gene
  • transforming - by a method appropriate to the type of host cells (e.g., transformation, electroporation, transfection). For the purposes of this disclosure, the terms "transformed with", "transformant", "transformation", "transfect with", and "transfection" all refer to the introduction of a nucleic acid into a cell by one of the numerous methods known to persons skilled in the art.

Comments:

Granted US 5922564 has a continuation which has been granted as US 6175060 (see below).

Independent claim 32 (see above) encompasses a whole group of promoter/regulatory element sequences isolated from plants that are induced upon phosphate deficiency, which may be fairly broad in scope and warrants attention.

Performance Plants Inc.

BIOSCIENCE COMPLEX

Queen's University
116 Barrie Street, Suite 4600
Kingston, ON K7L 3N6
Ph 613.545.0390
Fax 613.545.3618
Email information@performanceplants.com

CROP DEVELOPMENT CENTRE

Saskatoon Research Centre
Innovation Place
101-108 Research Drive
Saskatoon, SK S7N 3R3
Ph 306.668.7708
Fax 306.975.3942
Email information@performanceplants.com

US 6175060

  • Earliest priority - 24 Feb 1997
  • Filed - 26 Apr 1999
  • Granted - 16 Jan 2001
  • Patent expired - 16 Feb 2005

Title - Phosphate-deficiency inducible promoter

Claim 1

A plant comprising a plant cell comprising

  • a vector comprising
    • isolated DNA which, when operably linked to a structural gene, induces transcription of the structural gene in a cell derived from a photosynthetic organism under conditions of phosphate deficiency but not under conditions of phosphate sufficiency.
Claim 5

A plant regenerated from a plant cell or tissue culture expressing a gene product, the plant cell or tissue culture transformed by the method of:

a) transforming the plant cell with a DNA construct comprising:
i) a phosphate-deficiency inducible promoter or a functional portion thereof, which induces transcription of a structural gene under phosphate-deficient conditions;
ii) DNA encoding a structural gene operably linked to the promoter; and
iii) a 3' untranslated region containing a polyadenylated region;
b) regenerating a plant or tissue culture from the cell; and
c) placing the plant or tissue culture under conditions of phosphate deficiency; wherein the promoter induces transcription of the structural gene so that the gene product is expressed.

Claim 6

A method of transforming a plant cell, the method comprising:

(a) introducing into a plant cell:
    (i) a first isolated nucleic acid from a plant which, when operably linked to a structural gene, induces transcription of the structural gene in a cell of a photosynthetic organism under conditions of phosphate deficiency but not under conditions of phosphate sufficiency; and
    (ii) a second isolated nucleic acid, operably linked for expression to the isolated nucleic acid of (i); and
(b) selecting a transformed plant cell wherein expression of the second isolated nucleic acid occurs under conditions of phosphate deficiency but not under conditions of phosphate sufficiency.

Claim 14

A process for producing a protein or polypeptide in a plant cell, the process comprising:

(a) introducing into a plant cell:
    (i) a first isolated nucleic acid from a plant which, when operably linked to a structural gene, induces transcription of the structural gene in a cell of a photosynthetic organism under conditions of phosphate deficiency but not under conditions of phosphate sufficiency; and
    (ii) a second isolated nucleic acid, said second isolated nucleic acid encoding the protein or polypeptide, and said second isolated nucleic acid operably linked for expression to the isolated nucleic acid of (i);
(b) selecting a transformed plant cell wherein expression of the second isolated nucleic acid occurs under conditions of phosphate deficiency but not under conditions of phosphate sufficiency; and
(c) growing the transformed plant cell under conditions of phosphate deficiency, thereby inducing transcription of the structural gene, thereby producing the protein or polypeptide in a plant cell.

Claim 19

A process for producing a plant wholly or partially resistant to an external stress, the process comprising:

(a) introducing into a plant cell:
    (i) a first isolated nucleic acid from a plant which, when operably linked to a structural gene, induces transcription of the structural gene in a cell of a photosynthetic organism under conditions of phosphate deficiency but not under conditions of phosphate sufficiency; and
    (ii) a second isolated nucleic acid, said second isolated nucleic acid encoding a protein or polypeptide that confers resistance to the external stress, or which in turn allows the production or increased production of a substance that confers resistance to the external stress; and said second isolated nucleic acid operably linked for expression to the isolated nucleic acid of (i);
(b) selecting a transformed plant cell wherein expression of the second isolated nucleic acid occurs under conditions of phosphate deficiency but not under conditions of phosphate sufficiency; and
(c) growing the transformed plant cell into a plant in which said first nucleic acid induces the expression of the second isolated nucleic acid under conditions of phosphate deficiency but not under conditions of phosphate sufficiency.

Claim 21

A method for detecting transformation in a plant cell, the method comprising:

(a) introducing into a plant cell:
    (i) a first isolated nucleic acid from a plant which, when operably linked to a structural gene, induces transcription of the structural gene in a cell of a photosynthetic organism under conditions of phosphate deficiency but not under conditions of phosphate sufficiency; and
    (ii) a second isolated nucleic acid which comprises the β-glucuronidase (GUS) gene and which is operably linked for expression to the isolated nucleic acid of (i); and
(b) growing the transformed plant cell under conditions of phosphate deficiency, thereby inducing transcription of the second isolated nucleic acid; and
(c) selecting by color change, a transformed plant cell wherein expression of the second isolated nucleic acid occurs under conditions of phosphate deficiency but not under conditions of phosphate sufficiency.

Claim 25

A process for producing a substance from a plant cell or seed, wherein the amount of the substance in the plant cell or seed is increased due to the presence in the plant cell or seed of a protein or polypeptide, the process comprising:

(a) introducing into a plant cell:
    (i) a first isolated nucleic acid from a plant which, when operably linked to a second isolated nucleic acid, induces transcription of the second isolated nucleic acid in a cell of a photosynthetic organism under conditions of phosphate deficiency but not under conditions of phosphate sufficiency; and
    (ii) a second isolated nucleic acid, said second isolated nucleic acid encoding a protein or polypeptide, and said second isolated nucleic acid operably linked for expression to the first isolated nucleic acid, and where the amount of substance in a plant cell or seed is increased due to the presence of the protein or polypeptide in the plant cell or seed;
(b) selecting a transformed plant cell wherein expression of the second isolated nucleic acid occurs under conditions of phosphate deficiency but not under conditions of phosphate sufficiency;
(c) growing the transformed plant cell or a plant regenerated therefrom under conditions of phosphate deficiency, thereby inducing transcription of the second isolated nucleic acid; and
(d) isolating the substance from the transformed plant cell or a seed produced by the plant of step (c); thereby producing the substance from the plant cell or seed.

The claims are generally drawn towards:

  • a plant comprising a plant cell comprising a vector comprising an isolated DNA that induces transcription of a structural gene under conditions of phosphate deficiency (claim 1)
  • (a method to create) a plant regenerated from a plant cell or tissue culture expressing a gene product (claim 5)
  • a method of transforming a plant cell (claim 6)
  • a process for producing a protein or polypeptide in a plant cell (claim 14)
  • a process for producing a plant wholly or partially resistant to an external stress (claim 19)
  • a method for detecting transformation in a plant cell (claim 21)
  • a process for producing a substance from a plant cell or seed (claim 25)

Definitions extracted from the description are provided in US 5922564.

Other definitions include:

  • functional portion - a truncated sequence of a promoter (of this invention) which maintains the capability of inducing transcription of a structural gene under the phosphate deficient conditions as described supra.

Comments:

Granted US 6175060 is a continuation of now granted US 5922564 (see above). This patent has expired due to non-payment of maintenance fees.

WO 1998/38295

  • Earliest priority - 24 Feb 1997
  • Filed - 24 Feb 1998
  • Published - 3 Sept 1998
  • Expected expiry - not applicable

Title - Phosphate-deficiency inducible promoter

Claim 1

Isolated  DNA   which,  when operably  linked to a structural gene, induces transcription of the structural gene in a cell derived from a photosynthetic organism under conditions of phosphate deficiency but not under conditions of phosphate sufficiency.

Claim 12

A plant cell containing isolated DNA comprising SEQ ID NO:1 or a functional portion thereof.

Claim 18

A method of increasing a phosphate-deficiency response in a photosynthetic organism comprising:

a)   inserting isolated DNA comprising SEQ ID NO:l, or functional portion thereof, linked to a structural gene into a cell or a group of cells of a photosynthetic organism;
b)   maintaining the cell or group of cells under conditions of phosphate deficiency so that the structural gene is expressed; wherein the phosphate-deficiency response is increased.

Claim 21

A method for expressing a gene product in a cell of a plant, photosynthetic organism or tissue culture comprising:

a)   transforming   the  cell  with  a  DNA   construct comprising:
    i)   a phosphate-deficiency inducible promoter or a functional portion thereof;
    ii) DNA encoding a structural gene operably linked to the promoter; and
    iii) a 3' untranslated region containing a polyadenylated region;
b)   regenerating a plant, photosynthetic organism or tissue culture from the cell; and
c)   placing the plant, photosynthetic organism or tissue culture under conditions of phosphate deficiency; wherein the promoter induces transcription of the structural gene so that the gene product is expressed.

Claim 25

A method of detecting transformation in a cell, a group of cells, a tissue or an organism comprising:

a)   incorporating a DNA comprising a phosphate-deficiency inducible promoter operably linked to a structural gene encoding a product into a cell, a group of cells, a tissue or an organism; and
b)   maintaining   the   cell under phosphate deficient conditions appropriate for promoter activity so that the product is expressed; wherein expression of the product is indicative of a transformed cell.

The claims are generally drawn towards:

  • an isolated DNA that induces transcription of the structural gene in a cell of a photosynthetic organism under conditions of phosphate deficiency (claim 1)
  • a plant cell containing isolated DNA comprising SEQ ID NO:1 or a functional portion thereof (claim 12)
  • a method of increasing a phosphate-deficiency response in a photosynthetic organism (claim 18)
  • a method for expressing a gene product in a cell of a plant, photosynthetic organism or tissue culture (claim 21)
  • a method of detecting transformation in a cell (claim 25)

Definitions extracted from the description are provided in US 5922564 and US 6175060.

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

Remarks

  1. National phase entry of WO 1998/38295 in Australia (AU 60849/98) has lapsed as reported on 18 Oct 2001.
  2. National phase entry of WO 1998/38295 in Canada (CA 2280939) has lapsed as reported on 24 Feb 2003.
  3. National phase entry of WO 1998/38295 in China (CN 1248289) has been deemed to be withdrawn on 22 Sept 2004.
  4. National phase entry of WO 1998/38295 in Europe (EP 973884) has been deemed to be withdrawn on 12 Mar 2003.
  5. National phase entry of WO 1998/38295 in Japan (JP 2001/512977) has been deemed to be withdrawn on 24 May 2006.

Search strategy

Search details

Date of search

20/07/2006

Database searched

Patent Lens

Type of search

Structured, stemming on

Collections searched

AU-B, US-A, US-B, EP-B, WO

Search term

((phosph* in abstract) OR (phosph* in title)) AND ((promoter in abstract) OR (promoter in title)) AND (((limit* or deficien*) in abstract) OR ((limit* or deficien*) in title)

Results

2

Comments

Of the 2 results identified using these search terms, one result was identified as being of particular interest based on their abstracts and a review of their claims.

Patent application filed by Purdue Research Foundation

Technology overview

A research team lead by Dr KG Raghothama at the Purdue Research Foundation identified two A. thaliana phosphate transporters by screening a cDNA library of A. thaliana that was starved of phosphate using yeast PHO84 (gene that codes for a high affinity phosphate transporter; Muchhal US, Pardo JM, Raghothama KG. (1996).  Phosphate transporters from the higher plant Arabidopsis thalianaProc Natl Acad Sci U S A. 93(19):10519-23).  They then screened a tomato cDNA library using the two identified A. thaliana phosphate transporter genes as probes, and also found two genes that had phosphate transporter functions (Liu C, Muchhal US, Uthappa M, Kononowicz AK, Raghothama KG. (1998).  Tomato phosphate transporter genes are differentially regulated in plant tissues by phosphorus.  Plant Physiol. 116(1):91-9).  All four phosphate transporters were found to be induced in root tissue under conditions of phosphate deficiency.  Nucleic acid and amino acid sequences of the phosphate transporters, along with methods to use the transporters were filed as a PCT application, with Australia the only jurisdiction that was reported by INPADOC to reach national phase (which has lapsed, see below).[add a comment]

Details of the patent document

Patent or Publication no.

Title, Independent Claims and Summary

Assignee and Licensing Information

WO 1998/004701

  • Earliest priority - 29 Jul 1996
  • Filed - 29 Jul 1997
  • Published - 5 Feb 1998
  • Expected expiry - not applicable

Title - Methods and compositions for improving a plant's ability to take in phosphate from soil

Claim 1

An isolated DNA segment comprising a nucleotide sequence having substantial identity to the sequence set forth in SEQ ID NO: I; SEQ ID NO:2; SEQ ID NO:3; or SEQ ID NO:4.

Claim 2

A DNA construct comprising

  • a promoter operably linked to a DNA segment which may be expressed in a host cell to produce a phosphate transporter protein:
  • wherein the promoter regulates expression of the nucleotide sequence in the host cell:
  • wherein the host cell expresses the nucleotide sequence; and
  • wherein the phosphate transporter protein has substantial identity to an amino acid sequence set forth in SEQ ID NO:5; SEQ ID NO:6; SEQ ID NO:7; or SEQ ID NO:8.
Claim 15

A cell having incorporated therein a foreign nucleotide sequence comprising

  • a promoter operably linked to a DNA sequence having substantial identity to SEQ ID NO: I; SEQ ID NO:2; SEQ ID NO:3; or SEQ ID NO:4.
Claim 18

A plant having incorporated into its genome a foreign DNA construct comprising

  • a promoter operably linked to a DNA sequence having substantial identity to SEQ ID NO: 1; SEQ ID NO:2; SEQ ID NO:3; or SEQ ID NO:4.
Claim 19

A method for improving a plant's ability to grow in phosphate-deficient soil, comprising:

  • incorporating into the plant's genome an DNA construct comprising a promoter operably linked to a DNA sequence having substantial identity to SEQ ID NO:l; SEQ ID NO:2; SEQ ID NO:3; or SEQ ID NO:4 to provide a transformed plant;

wherein the transformed plant is capable of over-expressing phosphate transporter proteins.

Claim 20

A method for improving a plants ability to grow in phosphate-deficient soil, comprising:

  1. providing a vector comprising a promoter operably linked to a nucleotide sequence encoding a phosphate transporter protein; wherein the promoter regulates expression of the nucleotide sequence in a host plant cell; and
  2. transforming the target plant with the vector to provide a transformed plant, the transformed plant being capable of expressing the nucleotide sequence.

The claims are generally drawn towards:

  • an isolated DNA segment comprising a nucleotide sequence having substantial identity to SEQ ID NO: I; SEQ ID NO:2: SEQ ID NO:3: or SEQ ID NO:4 (claim 1)
  • a DNA construct comprising a promoter operably linked to a DNA segment to produce a phosphate transporter protein (claim 2)
  • a cell having incorporated a foreign nucleotide sequence comprising a promoter operably linked to a DNA sequence (claim 15)
  • a plant having incorporated into its genome a foreign DNA construct comprising a promoter operably linked to a DNA sequence (claim 18)
  • a method for improving a plant's ability to grow in phosphate-deficient soil (claim 19)
  • a method for improving a plants ability to grow in phosphate-deficient soil (claim 20)

Definitions extracted from the specification are:

  • substantial identity (for amino acid sequences) - is intended to mean sufficiently similar to have suitable functionality when expressed in a plant transformed in accordance with the invention to achieve the advantageous result of the invention. In one preferred aspect of the present invention, variants having such potential modifications as those mentioned above, which have at least about 50% identity to an amino acid sequence set forth in SEQ ID NOS:5-8, are considered to have "substantial identity" thereto.
  • sunstantial identity (for nucleic acid sequences) - the nucleotide sequence has a sequence sufficiently similar to one of those explicitly set forth herein that it will hybridize therewith under moderately stringent conditions, this method of determining identity being well known in the art to which the invention pertains. Briefly, moderately stringent conditions are defined in Sambrook et al.. Molecular Cloning: a Laboratory Manual, 2ed. Vol. 1, pp. 101-104. Cold Spring Harbor Laboratory Press (1989) as including the use of a prewashing solution of 5 x SSC, 0.5% SDS, 1.0mM EDTA (pH 8.0) and hybridization and washing conditions of about 55 C, 5 x SSC.
  • SEQ ID NO: I - A. thaliana phosphate transporter 1 cDNA
  • SEQ ID NO:2 - A. thaliana phosphate transporter 2 cDNA
  • SEQ ID NO:3 - Lycopersicon esczdentum phosphate transporter 1 cDNA
  • SEQ ID NO:4 - L. esczdentum phosphate transporter 2 cDNA
  • SEQ ID NO:5 - A. thaliana phosphate transporter 1 protein
  • SEQ ID NO:6 - A. thaliana phosphate transporter 2 protein
  • SEQ ID NO:7 - L. esczdentum phosphate transporter 1 protein
  • SEQ ID NO:8 - L. esczdentum phosphate transporter 2 protein
  • operably linked - if the nature of the linkage between the two DNA sequences does not (1) result in the introduction of a frame-shift mutation, (2) interfere with the ability of the promoter region sequence to direct the transcription of the desired nucleotide sequence, or (3) interfere with the ability of the desired nucleotide sequence to be transcribed by the promoter region sequence.
  • host cell - according to the description there is no evidence for this term to be limited to a particular species.
  • plant - a wide variety... including gymnosperms, monocots and dicots.
  • transforming - may be achieved using one of a wide variety of techniques.

Comments:

Since this document is a published application and not a granted patent, there are no enforceable rights.


Purdue Research Foundation

Purdue Technology Center

3000 Kent Avenue
West Lafayette, IN 47906
Ph +1 (765) 494-8645
Fax +1 (765) 496-1146

Remarks

National phase entry of WO 1998/04701 in Australia (AU 38218/97) has lapsed on 29 Apr 1999.

Search strategy

This patent document was identified as a document of particular relevance in the international search report for WO 1998/38295 filed by Performance Plants Inc..[add a comment]

Patent applications filed by Ceres Inc.

Technology overview

Ceres Inc. is a US biotechnology company focusing on the field of plant genomics. One of the founding scientists of Ceres Inc., Dr Richard Schneeberger, identified 17 DNA sequences from A. thaliana that has functions as nitrogen responsive promoters or promoter control elements that respond to change in environmental nitrogen concentration.[add a comment]

Details of patent documents

Patent or Publication no.

Title, Independent Claims and Summary

Assignee and licensing information

US 2006/107346

  • Earliest priority - 22 Sept 2004
  • Filed - 22 Sept 2005
  • Application pending
  • Expected expiry - not applicable

Title - Promoter, promoter control elements, and combinations, and uses thereof

Claim 1

An isolated nitrogen responsive promoter capable of modulating transcription comprising

  • a nucleic acid molecule having at least 85% sequence identity to any one of SEQ ID NOs: 1-17, or a complement thereof.
Claim 3

A vector construct comprising:

a) a nitrogen responsive promoter capable of modulating transcription comprising a first nucleic acid molecule having at least 80% sequence identity to any one of SEQ ID NOs: 1-17; and
b) a second nucleic acid molecule having to be transcribed,
wherein said first and second nucleic acid molecules are heterologous to each other and are operatively linked together.

Claim 7

A method of modulating transcription by combining, in an environment suitable for transcription:

a) a nitrogen responsive promoter capable of modulating transcription comprising a first nucleic acid molecule having at least 80% sequence identity to a sequence according to any one of SEQ ID NOs: 1-17; and
b) a second molecule to be transcribed;
wherein the first and second nucleic acid molecules are heterologous to each other and operatively linked together.

The claims are generally drawn towards:

  • an isolated nitrogen responsive promoter (claim 1)
  • a vector construct comprising a nitrogen responsive promoter and a second nucleic acid molecule having to be transcribed (claim 3)
  • a method of modulating transcription by combining a nitrogen responsive promoter and a second nucleic acid molecule to be transcribed (claim 7)

Definitions extracted from the specification are:

  • modulate transcription - describes the biological activity of a promoter sequence or promoter control element. Such modulation includes, without limitation, includes up- and down-regulation of initiation of transcription, rate of transcription, and/or transcription levels.
  • % sequence identity - is determined by comparing two optimally aligned sequences over a comparison window, where the fragment of the polynucleotide or amino acid sequence in the comparison window may comprise additions or deletions (e.g., gaps or overhangs) as compared to the reference sequence (which does not comprise additions or deletions) for optimal alignment of the two sequences.
  • operably linked - is a linkage in which a promoter sequence or promoter control element is connected to a polynucleotide sequence (or sequences) in such a way as to place transcription of the polynucleotide sequence under the influence or control of the promoter or promoter control element.
  • heterologous (nucleic acid molecules) - those that are not operatively linked or are not contiguous to each other in nature.

Comments:

Since this is a published application and not a granted patent, there are no enforceable rights.

Ceres, Inc.

1535 Rancho Conejo Blvd.
Thousand Oaks, CA 91320

Ph +1 (805) 376-6500

info@ceresbiotechnology.com

WO 2006/036864

  • Earliest priority - 22 Sept 2004
  • Filed - 22 Sept 2005
  • Published - 6 Apr 2006
  • Expected expiry - not applicable

Title - Promoter, promoter control elements, and combinations, and uses thereof

Claim 1

An isolated nitrogen responsive promoter capable of modulating transcription comprising

  • a nucleic acid molecule having at least 85% sequence identity to any one of SEQ ID NOs: 1-17, or a complement thereof.
Claim 3

A vector construct comprising:

a) a nitrogen responsive promoter capable of modulating transcription comprising a first nucleic acid molecule having at least 80% sequence identity to any one of SEQ ID NOs: 1-17; and
b) a second nucleic acid molecule having to be transcribed, wherein said first and second nucleic acid molecules are heterologous to each other and are operatively linked together.

Claim 7

A method of modulating transcription by combining, in an environment suitable for transcription:

a) a nitrogen responsive promoter capable of modulating transcription comprising a first nucleic acid molecule having at least 80% sequence identity to a sequence according to any one of SEQ ID NOs: 1-17; and
b) a second molecule to be transcribed; wherein the first and second nucleic acid molecules are heterologous to each other and operatively linked together.

The claims are generally drawn towards:

  • an isolated nitrogen responsive promoter (claim 1)
  • a vector construct comprising a nitrogen responsive promoter and a second nucleic acid molecule having to be transcribed (claim 3)
  • a method of modulating transcription by combining a nitrogen responsive promoter and a second nucleic acid molecule to be transcribed (claim 7)

Definitions extracted from the specification are provided in US 2006/107346.

Comments:

Since this is a published application and not a granted patent, there are no enforceable rights.

Search strategy

Search details

Date of search

09/06/2006

Database searched

Patent Lens

Type of search

Expert, stemming off

Collections searched

AU-B, US-A, US-B, EP-B, WO

Search term

(((inducible near/10 stress) or (induced near/10 stress)) and ((promoter in title) or (promoter in abstract)) and plant and ((nitrogen in title) or (nitrogen in abstract)))

Results

6

Comments

Of the 6 results identified using these search terms, one result was identified as being of particular interest based on the abstracts and review of the claims.

Download PDF Copy

This PDF copy is dated April 11, 2007. Changes may have been made to this Technology Landscape after this date.
Download PDF (info)

The information contained in this page was believed to be correct at the time it was collated. New patents and patent applications, altered status of patents, and case law may have resulted in changes in the landscape. CAMBIA makes no warranty that it is correct or up to date at this time and accepts no liability for any use that might be made of it. Corrections or updates to the information are welcome. Please send an email to info@bios.net.

The information contained in this page was believed to be correct at the time it was collated. New patents and patent applications, altered status of patents, and case law may have resulted in changes in the landscape. CAMBIA makes no warranty that it is correct or up to date at this time and accepts no liability for any use that might be made of it. Corrections or updates to the information are welcome, please send an email to info@bios.net.