Challenges to patents on 35S promoter and duplicated CaMV 35S enhancer
sequences
In September 2006, PUBPAT filed formal
requests with the United States Patent and Trademark Office to revoke four
patents owned by Monsanto Company. PUBPAT has issued a
press release giving
the opinion that these patents were a subject for action in the public interest
because Monsanto is using these patents to intimidate and sue farmers.
The patents are U.S. Patents
5352605,
5164316,
5196525,
and
5322938,
all of which assert claims to the CaMV 35S promoter, double 35S enhancer, and/or
constructs containing them. Like some other Monsanto technologies, the 35S
promoter and double 35S enhancer have been used in a great deal of agricultural
research worldwide, and as a result Monsanto's intellectual property does
constrain the delivery of products.
In its filings, PUBPAT submitted putative prior art supporting an assertion
that the patents should not have been granted, and therefore should be revoked.
The USPTO will do a re-examination of the patents in view of the submission, and
if it is found that the patents are invalid over the prior art, may require
revision or revocation of specified claims. The independent claims are listed
below for easy reference.
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Patent Number
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Title, Independent Claims and Summary of Claims
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Assignee
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US
5352605
- Earliest priority - 17 January 1983
- Filed - 28 October 1993
- Granted - 4 October 1994
- Expected expiry - 4 October 2011
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Title - Chimeric genes for transforming plant cells using
viral promoters
Claim 1
A chimeric gene which is expressed in plant cells comprising a promoter from
a cauliflower mosaic virus, said promoter selected from the group consisting of
a CaMV (35S) promoter isolated from CaMV protein-encoding DNA sequences and a
CaMV (19S) promoter isolated from CaMV protein-encoding DNA sequences, and a
structural sequence which is heterologous with respect to the promoter.
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Claim 4
A plant cell which comprises a chimeric gene that contains a promoter from
cauliflower mosaic virus, said promoter selected from the group consisting of a
CaMV (35S) promoter and a CaMV (19S) promoter, wherein said promoter is isolated
from CaMV protein-encoding DNA sequences, and a structural sequence which is
heterologous with respect to the promoter.
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Claim 7
An intermediate plant transformation plasmid which comprises a region of
homology to an Agrobacterium tumefaciens vector, a T-DNA border region
from Agrobacterium tumefaciens and a chimeric gene, wherein the
chimeric gene is located between the T-DNA border and the region of homology,
said chimeric gene comprising a promoter from cauliflower mosaic virus, said
promoter selected from the group consisting of a CaMV(35S) promoter and a
CaMV(19S) promoter, and a structural sequence which is heterologous with respect
to the promoter.
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Claim 8
A plant transformation vector which comprises a disarmed plant tumor inducing
plasmid of Agrobacterium tumefaciens and a chimeric gene, wherein the
chimeric gene contains a promoter from cauliflower mosaic virus, said promoter
selected from the group consisting of a CaMV(35S) promoter and a CaMV(19S)
promoter, and a structural sequence which is heterologous with respect to the
promoter.
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Claim 13
A DNA construct comprising: (A) a CaMV promoter selected from the group
consisting of (1) a CaMV 35S promoter isolated from CaMV protein-encoding DNA
sequences and (2) a CaMV 19S promoter isolated from CaMV protein-encoding DNA
sequences, and (B) a DNA sequence of interest heterologous to (A), wherein (B)
is under the regulatory control of (A) when said construct is transcribed in a
plant cell.
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Claim 14
A chimeric gene which is transcribed and translated in plant cells, said
chimeric gene comprising a promoter from cauliflower mosaic virus, said promoter
selected from the group consisting of: a) a CaMV 35S promoter region free of
CaMV protein-encoding DNA sequences and b) a CaMV 19S promoter region free of
CaMV protein-encoding DNA sequences, and a DNA sequence which is heterologous
with respect to the promoter.
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Claim 15
A chimeric gene which is expressed in plants cells comprising a promoter from
a cauliflower mosaic virus, said promoter selected from the group consisting of
a CaMV(35S) promoter region free of CaMV protein-encoding DNA sequences and a
CaMV(19S) promoter region free of CaMV protein-encoding DNA sequences, and a DNA
sequence which is heterologous with respect to the promoter.
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Claim 16
A chimeric gene which is transcribed in plants cells comprising a promoter
from a cauliflower mosaic virus, said promoter selected from the group
consisting of a CaMV(35S) promoter free of CaMV protein-encoding DNA sequences
and a CaMV(19S) promoter free of CaMV protein-encoding DNA sequences, a DNA
sequence which is heterologous with respect to the promoter and a 3'
non-translated polyadenylation signal sequence.
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Claim 17
A plant cell which comprises a chimeric gene where said chimeric gene
comprises a promoter from cauliflower mosaic virus, said promoter selected from
the group consisting of a CaMV(35S) promoter and a CaMV(19S) promoter, wherein
said promoter is free of CaMV protein-encoding DNA sequences, and a DNA sequence
which is heterologous with respect to the promoter and a 3' non-translated
polyadenylation signal sequence.
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Claim elements:
- 35S and 19S promoters, as defined in the specification, are
claimed as part of a chimeric construct, also containing a heterologous signal
and a poly(A) signal, expressed in a plant
- There are also claims to intermediate plant transformation vectors and plant
transformation vectors containing the chimeric gene for
Agrobacterium-mediated plant transformation, and to plant cells having
the chimeric gene.
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Monsanto
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US
5164316
- Earliest priority - 13 January 1987
- Filed - 17 August 1989
- Granted - 17 November 1992
- Expected expiry - 17 November 2009
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Title - DNA construct for enhancing the efficiency of
transcription
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Claim 1
A plant cell comprising a DNA construct having as
components,
(a) a duplicated CaMV 35s enhancer sequence comprising
an AluI-EcoRV fragment of a CaMV 35S upstream region;
and
(ii) a promoter comprising an RNA polymerase binding site and an mRNA
initiation site;
(b) a nucleotide sequence of interest for transcription to mRNA;
and
(c) a termination region wherein said components are operably
joined.
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Listed in the patent documents as the University of
British Columbia, but assigned to Monsanto in 1993
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US
5196525
- Earliest priority - 13 January 1987
- Filed - 8 April 1991
- Granted - 23 March 1993
- Expected expiry -23 March 2010
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Title - DNA construct for enhancing the efficiency of
transcription
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Claim 1
A DNA construct having as components,
(a) a transcription initiation region including
(i) a tandemly duplicated CaMV 35S enhancer sequence
comprising an AluI-EcoRV fragment of a CaMV 35S
upstream region;
(ii) a promoter comprising an RNA polymerase binding site and an mRNA
initiation site;
(b) a nucleotide sequence of interest for transcription to mRNA;
and
(c) a termination region wherein said components are operably
joined.
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US
5322938
- Earliest priority - 13 January 1987
- Filed - 17 November 1992
- Granted - 21 June 1994
- Expected expiry - 21 June 2011
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Title - DNA sequence for enhancing the efficiency of
transcription
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Claim 1
A chimeric transcriptional initiation region comprising:
as operably joined components
(i) a tandemly duplicated CaMV 35S enhancer sequence
comprising an AluI-EcoRV fragment of a CaMV 35S upstream region;
and
(ii) a promoter comprising an RNA polymerase binding site and an mRNA
initiation site, wherein when a nucleotide sequence of interest is transcribed
under the regulatory control of said chimeric transcriptional initiation region,
the amount of transcription product is enhanced as compared to
the amount of transcription obtained with a chimeric transcriptional
initiation region comprising a single copy of said CaMV enhancer sequence and
said promoter.
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Remarks
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Corresponding applications also be pending and there may be issued claims in
Brazil and Japan.
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Note: Patent information on this page was last updated on 30 September 2006.
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.
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