IP issues
The Commonwealth Scientific and Industrial Research Organization
(CSIRO) of Australia and the companies Lubrizol
Enterprises and Mycogen Plant Science (U.S.) have
jointly filed and been granted patents related to the Adh promoter and
"regulatory elements". Actual assignment of the patent rights varies
among jurisdictions according to Inpadoc. The table shows the entity identifed
by Inpadoc as owning the patents granted in Australia, Canada, Europe and the
United States. These may now be controlled by Dow.
Approximate scope of protection
The patents do not refer to the maize Adh-1
promoter as such. They cover some elements
derived from the promoter regions of
maize aldolase gene, maize Adh-1 and Adh-2
genes. The patents are in general directed to two different aspects:
- the ARE regions of the promoters of maize ADH genes and maize aldolase gene,
and
- the chimeric pEmu having ARE regions and an intron
1. Patents directed to the ARE enhancer regions
- Patents directed to these regions were granted in the U.S., Canada, and
Europe. The enhancer regions are part of a recombinant promoter molecule that
has, from 5' to 3' direction, at least:
- a promoter expressible in plants, which is basically reduced to a TATA box,
and
- a structural gene under the control of the above mentioned elements
- The claims of the European patent encompass the DNA sequences of the ARE
regions of:
- maize adh-1 and adh-2 genes, and
- sequences that are at least 66% homologous to the mentioned genes
- The Canadian patent also claims a method for the expression of a structural
gene in a plant under conditions of low oxygen.
2. Patents directed to a chimeric promoter known as pEmu
- The patents on a recombinant promoter for enhancing-expression of structural
genes in monocot plant cells have been granted in the
U.S., Europe and Australia. The minimum
elements of the promoter in direction 5' to 3', claimed in all three
jurisdictions, are:
- several ARE enhancer elements
- a TATA box
- a transcription start site
- an intron and
- a structural gene;
- In addition, the independent claims of the U.S. and the
Australian patents comprise enhancer elements derived from the
ocs promoter region.
- Although the examples provided in the specification refer to the ARE regions
and intron 1 derived from the maize aldolase and maize adh genes, the ARE
regions and the intron of the recombinant promoter claimed in the patents in all
three jurisdictions are not limited to the elements of the
maize adh genes. Thus, the use of other ARE enhancer
elements and introns might be protected by the claims of these
patents. The prosecution histories of the patents might shed light on this
aspect.
The patent information, a summary of the independent claims
and the actual independent claims of each patent are presented
in the following tables.
Patents on the ARE of maize ADH and maize aldolase promoters
| Patent number |
Title, Independent Claims and
Summary of Claims
|
Assignee
|
|
US
5001060
- Earliest priority - 6 February 1987
- Filed - 15 June 1987
- Granted - 19 March 1991
- Expected expiry - 18 March 2008
|
Title - Plant Anaerobic regulatory element
Claim 1
A recombinant DNA molecule comprising:
(a) an anaerobic regulatory element;
(b) a plant-expressible promoter located 3' to said anaerobic regulatory
element, and
(c) a plant-expressible structural gene located 3' to said plant-expressible
promoter such that said structural gene is placed under the regulatory control
of said promoter and said anaerobic regulatory element wherein said structural
gene is not in nature under the regulatory control of said anaerobic regulatory
element.
|
- A recombinant DNA molecule comprising from 5' to 3' direction an ARE, a
plant- expressible promoter and a plant-expressible structural gene.
|
Lubrizol Enterprises Inc. &
CSIRO
|
|
CA 1338858
- Earliest priority - 6 February 1987
- Filed - 5 February 1988
- Granted - 21 January 1997
- Expected expiry - 20 January 2014
|
Title - Plant Anaerobic regulatory element
Claim 1
A recombinant DNA molecule comprising: (a) an anaerobic regulatory element;
(b) a plant-expressible promoter located 3' to said anaerobic regulatory
element, and (c) a plant-expressible structural gene located 3' to said
plant-expressible promoter such that said structural gene is placed under the
regulatory control of said promoter and said anaerobic regulatory element
wherein said structural gene is not in nature under the regulatory control of
said anaerobic regulatory element.
|
|
Claim 25
A method for selective expression of a plant-expressible structural gene under
anaerobic conditions in plant tissue which comprises the steps of:
(i) constructing a recombinant DNA moleculae which comprises (a) an anaerobic
regulatory element; (b) a plant-expressible promoter located 3' to said
anaerobic regulatory element, and (c) a plant-expressible structural gene
located 3' to said plant-expressible promoter such that said structural gene is
placed under the regulatory control of said promoter and said anaerobic
regulatory element.
(ii) transforming said plant tissue with said recombinant DNA molecule, and
(iii) placing said transformed plant cell under anaerobic conditions so that
said plant-expressible structural gene is expressed.
|
- A recombinant DNA molecule the same as described in the US patent
US
5001060.
- A method for the anaerobic expression of a plant-expressible structural
gene. The method comprises transforming a plant tissue with a recombinant DNA
molecule as described and placing the tissue under anaerobic conditions to
trigger expression.
|
Mycogen Plant Science Inc. &
CSIRO
|
|
EP
278658 B1
- Earliest priority - 6 February 1987
- Filed - 2 February 1988
- Granted - 10 January 1996
- Expected expiry - 1 February 2008
|
Title - Use of a plant anaerobic regulatory element
|
Claim 1
A method for selective expression of a plant-expressible structural gene under
anaerobic conditions in plant tissue, which method comprises using as an
anaerobic regulatory element a recombinant DNA molecule comprising a sequence
selected from:
1) 5' -GCTGGTTTCT-3'
2) 5' -CGTGGTTTGCTTGCC-3',
or a sequence having about 66% or greater homology thereto
3) 5' -CGAGCCTTTCTTCCC-3'
4) 5' -CTGCCTCCCTGGTTTCT-3', and
5) 5'-CTGCAGCCCCGGTTTCG-3',
or a sequence having about 66% or greater homology thereto,
a plant-expressible promoter being located 3' to said anaerobic regulatory
element, and a plant-expressible structural gene being located 3' to said
plant-expressible promoter such that said structural gene is placed under the
regulatory control of said promoter and said anaerobic regulatory element.
|
- A method for the anaerobic expression of a plant-expressible structural gene
using a recombinant DNA molecule as described in the Canadian patent. The ARE
sequences are selected from maize aldolase gene, regions I and II of the ARE of
maize adh-1 and adh-2. Also, sequences with at least 66% of homology to the
mentioned ones are covered.
|
Lubrizol Enterprises Inc. &
CSIRO
|
| Remarks |
The granted Japanese patent JP 8826414 B2 assigned to Lubrizol Enterprises
& CSIRO was not analyzed. The European patent has lapsed in Belgium (BE),
France (FR), Gemany (DE), Netherlands (NL), Spain (ES), Sweden (SE) and UK.
An application is pending in South Africa (ZA 8800320 A).
|
|
Patents on the recombinant promoter pEMU
|
Patent number
|
Title, Summary of Claims and Independent
Claims
|
Assignee
|
|
EP
459643 B1
- Earliest priority - 19 May 1990
- Filed - 9 May 1991
- Granted - 16 August 2000
- Expected expiry - 8 May 2011
|
Title - A recombinant promoter for gene expression in monocotyledonous plants
Claim 1
A recombinant promoter molecule for enhancing expression of a
plant-expressible structural gene in a monocot plant cell comprising: (a) a
plurality of ARE enhancer elements (b) a truncated, plant expressible promoter
providing a TATA box region necessary to initiate transcription positioned 3' to
said plurality of enhancer elements; and (c) a nucleotide sequence naturally
found as an intron positioned between the transcription start site and the
translation start site in a plant-expressible gene; whereby a plant-expressible
structural gene placed 3' to said recombinant promoter molecule is expressed in
said monocot plant cell under regulatory control of said recombinant promoter
molecule.
|
- A recombinant promoter molecule comprising from 5' to 3' a plurality of ARE
enhancer elements, a promoter providing a TATA box, and an intron. A
plant-expressible gene is located 3' to and under the control of the mentioned
recombinant molecule. The gene is expressed in a monocot plant cell.
|
Mycogen Plant Science Inc. & CSIRO
|
|
US
5290924
- Earliest priority - 19 May 1990
- Filed - 21 April 1993
- Granted - 1 March 1994
- Expected expiry - 20 April 2013
|
Title - Recombinant promoter for gene expression in
monocotyledonous plants
Claim 1
A recombinant promoter molecule, useful for enhancing expression of a
plant-expressible structural gene in a monocot plant cell, said promoter
molecule comprising: (a) a plurality of enhancer elements selected from the
group consisting of only ARE elements, only OCS elements, and combinations of
ARE and OCS elements; (b) a truncated, plant expressible promoter, providing a
TATA box region and a transcription start site, said promoter selected from the
group consisting of Δ35S and ΔADH positioned 3' to said plurality of enhancer
elements wherein said truncated promoter excludes the presence of enhancer
sequences and wherein said truncated promoter is recombined with said plurality
of enhancer elements positioned 5' to said truncated promoter; and (c) a maize
Adh1 intron positioned 3' to said transcription start site whereby a
plant-expressible structural gene, placed 3' to said recombinant promoter
molecule, is expressed in said monocot plant cell under regulatory control of
said recombinant promoter molecule.
|
- A recombinant promoter molecule for expression in monocots similar to the
one claimed in the European patent. The enhancer elements are selected from ARE,
OCS, and a combination of both. There is also a plant-expressible termination
signal 3' to the gene of interest.
|
CSIRO
|
CA 2042831
- Earliest priority - 19 May 1990
- Filed - 17 May 1991
- Granted - 25 July 2000
- Expected expiry - 24 July 2017
|
Title - Recombinant promoter for gene expression in
monocotyledonous plants
Claim 1
A recombinant promoter molecule for enhancing expression of a
plant-expressible structural gene in a monocot plant cell comprising: (a) a
plurality of enhancer elements selected from the group consisting of ARE and OCS
elements; (b) a truncated, plant expressible promoter providing a TATA box
region necessary to initiate transcription positioned 3' to said plurality of
enhancer elements; and (c) a nucleotide sequence naturally found as an intron
positioned between the transcription start site and the translation start site
in a plant-expressible gene; whereby a plant-expressible structural gene placed
3' to said recombinant promoter molecule is expressed in said monocot plant cell
under regulatory control of said recombinant promoter molecule.
|
- A recombinant promoter molecule for enhancing the expression of a gene of
interest in monocots comprising several ARE and OCS elements, a promoter having
a TATA box, an intron. A structural gene is located 3' to the recombinant
promoter.
|
Lubrizol Enterprises Inc. &
CSIRO
|
|
Remarks
|
The granted Australian patent (AU 643521 B2) has lapsed. The
European patent registered in Denmark (DK), France (FR), Germany (DE), Italy
(IT), and Spain (ES).
A patent was also granted in Japan (JP 3325589 B2) and an
application in China (CN 1063506) was withdrawn.
|
|
Note: Patent information on this page was last updated on 13 March 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.
Corrections or updates to the information are welcome. Please send an email to
info@bios.net.
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