Antibiotic resistance genes in general

IP aspects

Monsanto Company holds patent rights on the use of any antibiotic resistance gene as a selectable marker for plant transformation. Importantly, these proprietary rights apply only in the United States and are covered by three granted patents:

These three United States patents are related to three other United States patents and one European patent. However, the other patents are directed to the more specific subject matter of chimeric genes for plant transformation containing the 35S Cauliflower Mosaic Virus (CaMV) promoter or the promoter of the ribulose−1,5−bis−phosphate carboxylase small subunit (rbcS) gene in combination with the neomycin phosphotransferase (npt) gene as the antibiotic resistance gene.

These patents directed to promoters are analysed in the technology landscape Promoters.

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Comment by	Comment	Date
Nick dos Remedios	Please provide a full URL of the Promoters technology landscape, so that I can still find this link with a printer version of this document.	2/23/06 3:25:57 PM
Richard Jefferson	This comment is being added from the Indonesian Patent Office as an example of the commenting interface.	11/16/06 4:21:04 PM

Bibliographic data

	US 5034322	US 6174724	US 6255560
Title	Chimeric genes suitable for expression in plant cells
Application No and Filing Date	No. 07/333,802 April 5, 1989	No. 08/435,951 May 4, 1995	No. 09/228,638 January 11, 1999
Issue Date	July 23, 1991*	January 16, 2001**	July 3, 2001†
Remarks	This patent is related to the US patent 6174724 through at least five different applications.	These two patents are only related through the earliest priority document (the first patent application ever filed on the inventions) which corresponds to the United States application 458414 filed on January 17, 1983.
* Patent term is 17 years from the date of issuance. ** Patent term would be 17 years from the date of issuance, but because of a " terminal disclaimer", the term does not extend beyond the expiration date of patent US 5034322. † Patent term would be 20 years from the earliest priority date (January 17, 1983), but in this case the term does not extend beyond the expiration date of patent US 5352605, which is in 2011 (analysed in the Technology Landscape on Promoters).

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.

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