Submarine Applications
Submarine patent applications are applications that pend secretly for an
extended amount of time before becoming disclosed to the public by publication.
"Classic" submarine patent applications, which were kept pending for years or
even decades by filing multiple continuation applications, are generally no
longer possible due to the implementation of a publication policy at the USPTO.
In addition, the USPTO has changed its policy regarding the term of a patent.
Formerly the term of a patent was 17 years calculated from the issue date. Now,
applications filed on or after 8 June 1995 have a term that is 20 years from the
earliest filing date. This makes the submarine
patent applications less likely to have major impact because the extended length
of pendency decreases the number of years that the granted patent is
enforceable.
In general, U.S. applications filed on or after 29 November 2000 are
published 18 months after the priority date, unless a non-publication request is
filed. Non-publication is only allowed for applications that have not been filed
in a jurisdiction that publishes applications. This means that most, if not
all, unpublished applications have been filed only in the U.S., because
essentially all other countries publish patent applications. Despite the
publication rule, some applications can fail to publish in a timely manner. In
other cases, the disclosure was made initially in a parent application that was
filed before 29 November 2000, but did not publish until 18 months after a
continuation was filed. In still other cases, the application was filed with a
non-publication request, which was later rescinded.
The following eight applications, all assigned to Monsanto, might be
considered "submarine" applications because the subject matter disclosed in the
application pended in the patent office for extended periods of time before
being published.
Patent Publication No. 20060236419
Length of pendency before publication: approximately
6 years 5 Months
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Publication No.
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Title, Independent Claims and Summary
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Assignee and licensing information
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20060236419
- Earliest priority - 6 May 1999
- Filed - 2 Jul 2003
- Publication - 19 Oct 06
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Title - Nucleic acid molecules and other molecules
associated with plants and uses thereof for plant improvement
| Claim 1
A recombinant DNA construct comprising a polynucleotide selected from the
group consisting of a polynucleotide comprising a nucleic acid sequence selected
from the group consisting of SEQ ID NO: 1-3549.
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| Claim 2
A recombinant DNA construct comprising a polynucleotide selected from the
group consisting of a polynucleotide encoding a polypeptide having an amino acid
sequence selected from the group consisting of SEQ ID NO: 3550-7098.
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| Claim 3
A method of producing a plant having an improved property, wherein said
method comprises transforming a plant with a recombinant construct comprising a
promoter region functional in a plant cell operably joined to a polynucleotide
comprising coding sequence for a polypeptide associated with said property, and
growing said transformed plant, wherein said polypeptide is selected from the
group consisting of: a) a polypeptide useful for improving plant cold tolerance,
wherein said polypeptide comprises a sequence identified as such in Table 1; b)
a polypeptide useful for manipulating growth rate in plant cells by modification
of the cell cycle pathway, wherein said polypeptide comprises a sequence
identified as such in Table 1; c) a polypeptide useful for improving plant
drought tolerance, wherein said polypeptide comprises a sequence identified as
such in Table 1; d) a polypeptide useful for providing increased resistance to
plant disease, wherein said polypeptide comprises a sequence identified as such
in Table 1; e) a polypeptide useful for galactomannan production, wherein said
polynucleotide comprises a sequence identified as such in Table 1; f) a
polypeptide useful for production of plant growth regulators, wherein said
polypeptide comprises a sequence identified as such in Table 1; g) a polypeptide
useful for improving plant heat tolerance, wherein said polypeptide comprises a
sequence identified as such in Table 1; h) a polypeptide useful for improving
plant tolerance to herbicides, wherein said polypeptide comprises a sequence
identified as such in Table 1; i) a polypeptide useful for increasing the rate
of homologous recombination in plants, wherein said polypeptide comprises a
sequence identified as such in Table 1; j) a polypeptide useful for lignin
production, wherein said polypeptide comprises a sequence identified as such in
Table 1; k) a polypeptide useful for improving plant tolerance to extreme
osmotic conditions, wherein said polypeptide comprises a sequence identified as
such in Table 1; l) a polypeptide useful for improving plant tolerance to
pathogens or pests, wherein said polypeptide comprises a sequence identified as
such in Table 1; m) a polypeptide useful for yield improvement by modification
of photosynthesis, wherein said polynucleotide comprises a sequence identified
as such in Table 1; n) a polypeptide useful for modifying seed oil yield and/or
content, wherein said polypeptide comprises a sequence identified as such in
Table 1; o) a polypeptide useful for modifying seed protein yield and/or
content, wherein said polypeptide comprises a sequence identified as such in
Table 1; p) a polypeptide encoding a plant transcription factor, wherein said
polypeptide comprises a sequence identified as such in Table 1; q) a polypeptide
useful for yield improvement by modification of carbohydrate use and/or uptake,
wherein said polypeptide comprises a sequence identified as such in Table 1; r)
a polypeptide useful for yield improvement by modification of nitrogen use
and/or uptake, wherein said polypeptide comprises a sequence identified as such
in Table 1; s) a polypeptide useful for yield improvement by modification of
phosphorus use and/or uptake, wherein said polypeptide comprises a sequence
identified as such in Table 1; and t) a polypeptide useful for yield improvement
by providing improved plant growth and development under at least one stress
condition, wherein said polypeptide comprises a sequence identified as such in
Table 1.
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Monsanto
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Remarks
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To the best of our knowledge, there are no foreign-filed applications
corresponding to this one.
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Patent Publication No. 20070016974
Length of pendency before publication: approximately
7 years 4 Months
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Publication No.
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Title, Independent Claims and Summary
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Assignee and licensing information
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20070016974
A1
- Earliest priority - 30 Sep 1999
- Filed - 15 Sep 2006
- Publication - 18 Jan 07
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Title - Nucleic acid molecules and other molecules
associated with plants
| Claim 1
A substantially purified nucleic acid molecule that encodes a plant protein
or fragment thereof comprising a nucleic acid sequence selected from the group
consisting of SEQ ID NO: 1 through SEQ ID NO:43701.
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| Claim 3
A substantially purified rice protein or fragment thereof, wherein said rice
protein is encoded by a nucleic acid molecule that comprises a nucleic acid
sequence selected from the group consisting of SEQ ID NO: 1 through SEQ ID
NO:43701.
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Claim 4
A transformed plant having a nucleic acid molecule which comprises: (a) an
exogenous promoter region which functions in a plant cell to cause the
production of a mRNA molecule; (b) a structural nucleic acid molecule comprising
a nucleic acid sequence selected from the group consisting of SEQ ID NO: 1
through SEQ ID NO: 43701 or complements thereof; (c) a 3′ non-translated
sequence that functions in said plant cell to cause termination of transcription
and addition of polyadenylated ribonucleotides to a 3′ end of said mRNA
molecule.
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Monsanto
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Remarks
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To the best of our knowledge, there are no foreign-filed applications
corresponding to this one.
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Patent Publication No. 20070020621
Length of pendency before publication: approximately
6 years 5 Months
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Publication No.
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Title, Independent Claims and Summary
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Assignee and licensing information
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20070020621
- Earliest priority - 19 Jul 2000
- Filed - 23 Mar 2001
- Publication - 25 Jan 07
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Title - Genomic plant sequences and uses thereof
| Claim 1
A substantially purified nucleic acid molecule comprising a nucleic acid
sequence wherein the nucleic acid sequence: i) hybridizes under stringent
conditions with a sequence selected from the group consisting of SEQ ID NO:1
through 57,467, and the complements thereof; or ii) exhibits an 85% or greater
identity to a sequence selected from the group consisting of SEQ ID NO:1 through
57,467.
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| Claim 18
A transgenic plant containing a nucleic acid molecule that comprises in the
5′ to 3′ direction: a nucleic acid sequence that: i) hybridizes under stringent
conditions with a sequence selected from the group consisting of SEQ ID NO:1
through 57,467, and the complements thereof; or ii) exhibits an 85% or greater
identity to a sequence selected from the group consisting of SEQ ID NO:1 through
57,467; operably linked to a structural nucleic acid sequence; wherein the
nucleic acid sequence is heterologous with respect to the structural nucleic
acid sequence.
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Claim 36
A method of transforming a host cell comprising: a) providing a nucleic acid
molecule that comprises in the 5′ to 3′ direction: a nucleic acid sequence that:
i) hybridizes under stringent conditions with a sequence selected from the group
consisting of SEQ ID NO:1 through 57,467, and the complements thereof; or ii)
exhibits an 85% or greater identity to a sequence selected from the group
consisting of SEQ ID NO:1 through 57,467; operably linked to a structural
nucleic acid sequence; and b) transforming said plant with the nucleic acid
molecule.
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Monsanto
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Remarks
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This application was filed on 23 March 2001, but did not publish until 25
January 2007. In this case, it appears that the applicants initially filed a
non-publication request, but later rescinded it in March of 2004. Theoretically,
it should have pubished shortly after that, but it didn't actually publish until
January 2007. To the best of our knowledge, there are no foreign-filed
applications corresponding to this one.
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Patent Publication No. 20070039076
Length of pendency before publication: approximately
7 years 7 Months
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Publication No.
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Title, Independent Claims and Summary
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Assignee and licensing information
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20070039076
- Earliest priority - 20 Jul 1999
- Filed - 24 Jul 2006
- Publication - 15 Feb 07
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Title - Plant genome sequence and uses thereof
| Claim 1
A substantially purified nucleic acid molecule having a nucleic acid sequence
selected from the group consisting of SEQ ID NO: 1 through SEQ ID NO: 69652 or
complements thereof.
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| Claim 2
A substantially purified nucleic acid molecule, said nucleic acid molecule
capable of specifically hybridizing to a second nucleic acid molecule having a
nucleic acid sequence selected from the group consisting of SEQ ID NO: 1 through
SEQ ID NO: 69652 or complements thereof.
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| Claim 5
A substantially purified nucleic acid molecule encoding a protein or fragment
thereof, wherein said protein or fragment thereof is selected from the group
consisting of a rice protein or fragment thereof from Table 1.
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Claim 10
A transformed plant having a nucleic acid molecule which comprises: (A) an
exogenous promoter region which functions in a plant cell to cause the
production of a mRNA molecule; which is linked to (B) a structural nucleic acid
molecule, wherein said structural nucleic acid molecule encodes a protein or
fragment thereof selected from the group consisting of a rice protein homologue
or fragment thereof in Table 1; which is linked to (C) a 3′ non-translated
sequence that functions in a plant cell to cause termination of transcription
and addition of polyadenylated ribonucleotides to a 3′ end of said mRNA
molecule.
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Monsanto
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Remarks
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To the best of our knowledge, there are no foreign-filed applications
corresponding to this one.
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Patent Publication No. 20070044171
Length of pendency before publication: approximately
7 years 2 Months
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Publication No.
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Title, Independent Claims and Summary
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Assignee and licensing information
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20070044171
- Earliest priority - 14 Dec 2000
- Filed - 6 Nov 2003
- Publication - 22 Feb 07
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Title - Nucleic acid molecules and other molecules
associated with plants
| Claim 1
A recombinant polynucleotide selected from the group consisting of SEQ ID NO:
1 through SEQ ID NO: 105,582.
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| Claim 2
A recombinant polypeptide selected from the group consisting of SEQ ID NO:
105,583 through SEQ ID NO: 211,164.
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Claim 3
A method of producing a plant having an improved property, wherein said
method comprises transforming a plant with a recombinant construct comprising a
promoter region functional in a plant cell operably joined to a polynucleotide
comprising a coding sequence for a polypeptide associated with said property,
and growing said transformed plant, wherein said polypeptide is selected from
the group consisting of: a) a polypeptide useful for improving plant cold
tolerance, wherein said polypeptide comprises a sequence identified as such in
Table 1; b) a polypeptide useful for manipulating growth rate in plant cells by
modification of the cell cycle pathway, wherein said polypeptide comprises a
sequence identified as such in Table 1; c) a polypeptide useful for improving
plant drought tolerance, wherein said polypeptide comprises a sequence
identified as such in Table 1; d) a polypeptide useful for providing increased
resistance to plant disease, wherein said polypeptide comprises a sequence
identified as such in Table 1; e) a polypeptide useful for galactomannan
production, wherein said polynucleotide comprises a sequence identified as such
in Table 1; f) a polypeptide useful for production of plant growth regulators,
wherein said polypeptide comprises a sequence identified as such in Table 1; g)
a polypeptide useful for improving plant heat tolerance, wherein said
polypeptide comprises a sequence identified as such in Table 1; h) a polypeptide
useful for improving plant tolerance to herbicides, wherein said polypeptide
comprises a sequence identified as such in Table 1; i) a polypeptide useful for
increasing the rate of homologous recombination in plants, wherein said
polypeptide comprises a sequence identified as such in Table 1; j) a polypeptide
useful for lignin production, wherein said polypeptide comprises a sequence
identified as such in Table 1; k) a polypeptide useful for improving plant
tolerance to extreme osmotic conditions, wherein said polypeptide comprises a
sequence identified as such in Table 1; l) a polypeptide useful for improving
plant tolerance to pathogens or pests, wherein said polypeptide comprises a
sequence identified as such in Table 1; m) a polypeptide useful for yield
improvement by modification of photosynthesis, wherein said polynucleotide
comprises a sequence identified as such in Table 1; n) a polypeptide useful for
modifying seed oil yield and/or content, wherein said polypeptide comprises a
sequence identified as such in Table 1; o) a polypeptide useful for modifying
seed protein yield and/or content, wherein said polypeptide comprises a sequence
identified as such in Table 1; p) a polypeptide encoding a plant transcription
factor, wherein said polypeptide comprises a sequence identified as such in
Table 1; q) a polypeptide useful for yield improvement by modification of
carbohydrate use and/or uptake, wherein said polypeptide comprises a sequence
identified as such in Table 1; r) a polypeptide useful for yield improvement by
modification of nitrogen use and/or uptake, wherein said polypeptide comprises a
sequence identified as such in Table 1; s) a polypeptide useful for yield
improvement by modification of phosphorus use and/or uptake, wherein said
polypeptide comprises a sequence identified as such in Table 1; and t) a
polypeptide useful for yield improvement by providing improved plant growth and
development under at least one stress condition, wherein said polypeptide
comprises a sequence identified as such in Table 1.
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Monsanto
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Remarks
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The corresponding patent
(US
7214786) has been issued, which has two claims left that are drawn to two
sequences: a recombinant polynucleotide of SEQ ID NO: 28,864 and a recombinant
polypeptide of SEQ ID NO: 134,446. We have no information that a corresponding
patent application has been filed in any other country besides the USA.
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Patent Publication No. 200700661916
Length of pendency before publication: approximately
5 years 9 Months
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Publication No.
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Title, Independent Claims and Summary
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Assignee and licensing information
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20070061916
- Earliest priority - 7 May 2001
- Filed - 14 Jul 2006
- Publication - 15 Mar 07
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Title -Nucleic acid molecules and other molecules associated
with plants and uses thereof for plant improvement
| Claim 1
A recombinant polynucleotide selected from the group consisting of SEQ ID NO:
1 through SEQ ID NO: 58,798.
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| Claim 2
A recombinant polypeptide selected from the group consisting of SEQ ID NO:
58,799 through SEQ ID NO: 117,596.
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Claim 3
A method of producing a plant having an improved property, wherein said
method comprises transforming a plant with a recombinant construct comprising a
promoter region functional in a plant cell operably joined to a polynucleotide
comprising a coding sequence for a polypeptide associated with said property,
and growing said transformed plant, wherein said polypeptide is selected from
the group consisting of: a) a polypeptide useful for improving plant cold
tolerance, wherein said polypeptide comprises a sequence identified as such in
Table 1; b) a polypeptide useful for manipulating growth rate in plant cells by
modification of the cell cycle pathway, wherein said polypeptide comprises a
sequence identified as such in Table 1; c) a polypeptide useful for improving
plant drought tolerance, wherein said polypeptide comprises a sequence
identified as such in Table 1; d) a polypeptide useful for providing increased
resistance to plant disease, wherein said polypeptide comprises a sequence
identified as such in Table 1; e) a polypeptide useful for galactomannan
production, wherein said polynucleotide comprises a sequence identified as such
in Table 1; f) a polypeptide useful for production of plant growth regulators,
wherein said polypeptide comprises a sequence identified as such in Table 1; g)
a polypeptide useful for improving plant heat tolerance, wherein said
polypeptide comprises a sequence identified as such in Table 1; h) a polypeptide
useful for improving plant tolerance to herbicides, wherein said polypeptide
comprises a sequence identified as such in Table 1; i) a polypeptide useful for
increasing the rate of homologous recombination in plants, wherein said
polypeptide comprises a sequence identified as such in Table 1; j) a polypeptide
useful for lignin production, wherein said polypeptide comprises a sequence
identified as such in Table 1; k) a polypeptide useful for improving plant
tolerance to extreme osmotic conditions, wherein said polypeptide comprises a
sequence identified as such in Table 1; l) a polypeptide useful for improving
plant tolerance to pathogens or pests, wherein said polypeptide comprises a
sequence identified as such in Table 1; m) a polypeptide useful for yield
improvement by modification of photosynthesis, wherein said polynucleotide
comprises a sequence identified as such in Table 1; n) a polypeptide useful for
modifying seed oil yield and/or content, wherein said polypeptide comprises a
sequence identified as such in Table 1; o) a polypeptide useful for modifying
seed protein yield and/or content, wherein said polypeptide comprises a sequence
identified as such in Table 1; p) a polypeptide encoding a plant transcription
factor, wherein said polypeptide comprises a sequence identified as such in
Table 1; q) a polypeptide useful for yield improvement by modification of
carbohydrate use and/or uptake, wherein said polypeptide comprises a sequence
identified as such in Table 1; r) a polypeptide useful for yield improvement by
modification of nitrogen use and/or uptake, wherein said polypeptide comprises a
sequence identified as such in Table 1; s) a polypeptide useful for yield
improvement by modification of phosphorus use and/or uptake, wherein said
polypeptide comprises a sequence identified as such in Table 1; and t) a
polypeptide useful for yield improvement by providing improved plant growth and
development under at least one stress condition, wherein said polypeptide
comprises a sequence identified as such in Table 1.
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Monsanto
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Remarks
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To the best of our knowledge, there are no foreign-filed applications
corresponding to this one.
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Patent Publication No. 20070067865
Length of pendency before publication: approximately
6 years 10 Months
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Publication No.
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Title, Independent Claims and Summary
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Assignee and licensing information
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20070067865
- Earliest priority - 5 Sep 2000
- Filed - 14 Aug 2006
- Publication - 22 Jul 07
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Title - Nucleic acid molecules and other molecules
associated with plants and uses thereof for plant improvement
| Claim 1
A substantially purified nucleic acid molecule comprising a nucleic sequence
selected from the group consisting of SEQ ID NO: 1 through SEQ ID NO: 463,173 or
complements thereof or fragments of either.
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| Claim 2
A substantially purified first nucleic acid molecule, wherein the first
nucleic molecule specifically hybridizes to a second nucleic acid molecule
having a nucleic acid sequence selected from the group consisting of SEQ ID NO:
1 through SEQ ID NO: 463,173 complements thereof.
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Claim 3
A substantially purified protein or fragment thereof encoded by a first
nucleic acid molecule which specifically hybridizes to a second nucleic acid
molecule, the second nucleic acid molecule having a nucleic acid sequence
selected from the group consisting of a complement of SEQ ID NO: 1 through SEQ
ID NO: 463,173.
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Claim 5
A purified antibody or fragment thereof which is capable of specifically
binding to a protein or fragment thereof, wherein the protein or fragment
thereof is encoded by a nucleic acid molecule comprising a nucleic acid sequence
selected from the group consisting SEQ ID NO: 1 through SEQ ID NO: 463,173.
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Claim 6
A transformed plant having a nucleic acid molecule which comprises: (A) an
exogenous promoter region which functions in a plant cell to cause the
production of a mRNA molecule; (B) a structural nucleic acid molecule comprising
a nucleic acid sequence selected from the group consisting of SEQ ID NO: 1
through SEQ ID NO: 463,173; and (C) a 3′ non-translated sequence that functions
in the plant cell to cause termination of transcription and addition of
polyadenylated ribonucleotides to a 3′ end of the mRNA molecule.
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Claim 8
A transformed plant having a nucleic acid molecule which comprises: (A) an
exogenous promoter region which functions in a plant cell to cause the
production of a mRNA molecule; which is linked to (B) a transcribed nucleic acid
molecule with a transcribed strand and a non-transcribed strand, wherein the
transcribed strand is complementary to a nucleic acid molecule comprising a
nucleic acid sequence selected from the group consisting of SEQ ID NO: 1 through
SEQ ID NO: 463,173 or fragment thereof; which is linked to (C) a 3′
non-translated sequence that functions in plant cells to cause termination of
transcription and addition of polyadenylated ribonucleotides to a 3′ end of the
mRNA molecule.
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Claim 10
A method for determining a level or pattern of a protein in a plant cell or
plant tissue under evaluation which comprises assaying the concentration of a
molecule, whose concentration is dependent upon the expression of a gene, the
gene specifically hybridizes to a nucleic acid molecule having a nucleic acid
sequence selected from the group consisting of a complement of SEQ ID NO: 1
through SEQ ID NO: 463,173, in comparison to the concentration of that molecule
present in a reference plant cell or a reference plant tissue with a known level
or pattern of the protein, wherein the assayed concentration of the molecule is
compared to the assayed concentration of the molecule in the reference plant
cell or reference plant tissue with the known level or pattern of the protein.
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Monsanto
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Remarks
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To the best of our knowledge, there are no foreign-filed applications
corresponding to this one. This application is a continuation of US Patent
Application 09/654,617, which was filed on 5 September 2000, and subsequently
abandoned. The parent application was never published. In effect, the subject
matter of Application No.
US
2007/67865
A1 pended in secret for more than 6.5 years before it was published.
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Patent Publication No. 20070083945
Length of pendency before publication: approximately
7 years 1 Month
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Publication No.
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Title, Independent Claims and Summary
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Assignee and licensing information
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20070083945
- Earliest priority - 10 Mar 2000
- Filed - 2 Aug 2006
- Publication - 12 Apr 07
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Title - Nucleic acid molecules and other molecules
associated with plants
| Claim 1
A substantially purified nucleic acid molecule, said nucleic acid molecule
capable of specifically hybridizing to a second nucleic acid molecule having a
nucleic acid sequence selected from the group consisting of SEQ ID NO: 1 through
SEQ ID NO: 304905 or complement or fragment thereof.
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| Claim 8
A substantially purified nucleic acid molecule comprising a nucleic acid
molecule or fragment thereof having a pair of defined ends, wherein said pair of
defined ends are selected from the defined ends in Table A.
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Claim 11
A substantially purified protein or fragment thereof encoded by a first
nucleic acid molecule which specifically hybridizes to a second nucleic acid
molecule, said second nucleic acid molecule having a nucleic acid sequence
selected from the group consisting of SEQ ID NO:1 through SEQ ID NO:304905 or
complements thereof.
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Claim 12
A transformed plant having a nucleic acid molecule which comprises: (A) an
exogenous promoter region which functions in a plant cell to cause the
production of a mRNA molecule; which is linked to (B) a structural nucleic acid
molecule, wherein said structural nucleic acid molecule is selected from the
group consisting of SEQ ID NO:1 through SEQ ID NO:304905 or complements thereof
or fragment of either; which is linked to (C) a 3′ non-translated sequence that
functions in a plant cell to cause termination of transcription and addition of
polyadenylated ribonucleotides to a 3′ end of said mRNA molecule.
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Monsanto
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Remarks
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To the best of our knowledge, there are no foreign-filed applications
corresponding to this one.
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There are no comments.