Fruit Promoters
Among the large patent portfolio of Calgene on
tissue-specific promoters, there are three main patent families containing
granted patents directed to fruit-specific regulatory regions. Patents and
patent applications that were assigned to Calgene may now be held by Monsanto,
to which any inquiries about licensing should be directed
(http://www.monsanto.com/monsanto/layout/about_us/contactus.asp).
Patents of one of the patent families are drawn to DNA constructs containing
promoters "preferentially expressed in fruit tissues". Although the basic
patents in the patent family are involved in the expression of genes regulating
fruit ripening and drive the expression of genes of interest in mature ovaries,
the definitions are broad, and examples in which seed-specific expression is
cited suggest that tissues such as seed, fruit integument, cotton fibers
and so on would be construed as "fruit tissues". In addition, general
methods to regulate the fruit phenotype are part of the patented inventions.
In the other two patent families, the definitions are more specific. One
relates primarily to cotton fiber production, although it contains some broader
claims. In the second, the promoters of the invention are expressed in
receptacle tissue, a flower part that makes most of the fleshy
tissue in accessory fruits such as strawberry, apple and pear. The genes driven
by the promoter influence fruit development, maturation and ripening. Some
analysis of this patent family is provided below.
Broadest patent family
The claims of the United States patent are drawn to methods
for altering the phenotype of the fruit tissue of a plant transformed with DNA
constructs comprising:
- a promoter preferentially expressed in a fruit tissue (note that this does
not mean "fruit-specific");
- a DNA sequence of interest different from the native gene of the promoter
(note that this need not be a "gene"--could be antisense or RNAi); and
- a transcriptional termination region.
Unlike the European patent, the genes from which the fruit-specific promoters
are obtained are not limited to anthesis process or fruit maturation and
ripening. The promoters are from genes preferentially transcribed in fruit
tissue. Because there is no limitation in the fruit gene promoter used in the
DNA construct to alter the phenotype of a fruit, the invention claimed in the
United States patent, although directed to methods, is broader in scope than in
the Canadian and European patents. Also, the claimed methods are described in
very broad terms.
Calgene's European patent claims:
- A DNA construct comprising a fruit transcriptional initiation region from a
gene that becomes active during anthesis (period during which a flower is fully
open and functional), remains active until the ripe period and is transcribed in
mature ovary tissue. The construct includes a gene of interest under the control
of such transcriptional region and a transcriptional termination region.
- A DNA construct having a fruit promoter of a plant storage protein that
becomes and remains active during the stages described above.
- A method for the modification of the phenotype of a tomato fruit. The sort
of phenotypic modification is not specified in the claim.
- A tomato cell is transformed with a DNA construct as described above. A
tomato plant is regenerated and grown from the transformed cell.
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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
4943674
- Earliest priority -17 January 1985
- Filed - 26 May 1987
- Granted - 24 July 1990
- Expected expiry - 24 July 2007
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Title - Fruit specific transcriptional factors
Claim 1
A DNA construct comprising in the direction of
transcription,
a tomato 2All transcriptional initiation region joined
to a DNA sequence of interest, wherein said DNA sequence of interest is other
than the wild-type sequence and is under the transcriptional regulation of said
2All initiation region and
a transcriptional termination region.
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Claim 5
A DNA construct comprising in the direction of
transcription,
a tomato 2All transcriptional initiation region joined
to a DNA sequence of interest, wherein said DNA sequence is other than the
wild-type sequence and comprises a unique restriction site for
insertion of a second DNA sequence of interest to be under the transcriptional
regulation of said 2All initiation region, and
a transcriptional
termination region.
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Claim 9
A method for modifying the phenotype of tomato fruit said method
comprising:
transforming a tomato plant cell with a
DNA construct under genomic integration conditions, wherein said DNA construct
comprises in the direction of transcription,
a
tomato 2All transcriptional initiation region jointed to a DNA sequence other
than the wild-type sequence and capable of modifying the phenotype of fruit
cells upon transcription, wherein said DNA sequence is under the transcriptional
regulation of said initiation region and
a transcriptional
termination region, whereby said DNA construct becomes integrated into the
genome of said tomato plant cell; regenerating a plant from said
transformed tomato plant cell; and
growing said plant to produce
tomato fruit of the modified phenotype.
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Claim 12
Tomato fruit comprising a DNA construct
comprising in the direction of transcription,
a
tomato 2All transcriptional initiation region joined to a DNA sequence of
interest, wherein said DNA sequence is other than the wild-type sequence and is
under the transcriptional regulation of said 2All initiation region, and
a transcriptional termination region.
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Claim 13
A tomato plant comprising: a DNA construct
comprising in the direction of transcription,
a
tomato 2All transcriptional initiation region joined to a DNA sequence of
interest, wherein said DNA sequence is other than the wild-type sequence and is
under the transcriptional regulation of said 2All initiation region, and
a transciptional termination region.
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Claim 14
A tomato plant comprising: a DNA construct
comprising in the direction of transcription,
a
tomato 2All transcriptional initiation region joined to a DNA sequence of
interest, wherein said DNA sequence is other than the wild-type sequence and
comprises a unique restriction site for insertion of a second
DNA sequence of interest to be under the transcriptional regulation of said 2All
initiation region, and
a transciptional termination region.
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Calgene
Inc.
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US
5753475
- Earliest priority -17 January 1985
- Filed - 10 August 1993
- Granted - 19 May 1998
- Expected expiry - 19 May 2015
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Title - Methods and compositions for regulated transcription
and expression of heterologous genes
Claim 1
A method for obtaining a plant having a regulatable phenotype, said method
comprising:
transforming a host plant cell with a DNA
construct under genomic integration conditions, wherein said construct
comprises as operably linked components in the direction of
transcription,
a promoter region obtainable from a gene, wherein
transcription of said gene is preferentially regulated in a plant fruit
tissue,
a DNA sequence of interest other than the native coding
sequence of said gene, and
a transcription termination region,
wherein said components are functional in a plant cell, whereby said DNA
construct becomes integrated into a genome of said plant cell;
regenerating a plant from said transformed plant cell, and
growing
said plant under conditions whereby said DNA sequence of interest is expressed
and a plant having said regulatable phenotype is obtained.
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Claim 2
A method for altering the phenotype of fruit tissue as distinct from other
plant tissue, said method comprising:
growing a
plant, wherein said plant comprises cells containing a DNA
construct integrated into their genome, said DNA construct
comprising, in the 5' to 3' direction of transcription,
a transcriptional initiation region from a gene, wherein transcription
of said gene is preferentially regulated in a plant fruit tissue,
a DNA sequence of interest other than the coding sequence native to said
transcriptional initiation region, and
a transcriptional
termination region, whereby said DNA sequence of interest is transcribed under
transcriptional control of said transcriptional initiation region and a plant
having an altered phenotype is obtained.
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Claim 5
A method for modifying the genotype of a plant
to impart a desired characteristic to fruit as distinct from other plant tissue,
said method comprising:
transforming under genomic
integration conditions, a host plant cell with a DNA construct
comprising in the 5' to 3' direction of transcription,
a transcriptional initiation region from a gene, wherein transcription
of said gene is preferentially regulated in a plant fruit tissue,
a DNA sequence of interest other than the native coding sequence of said gene,
and
a transcriptional termination region, whereby said DNA
construct becomes integrated into the genome of said plant cell;
regenerating a plant from said transformed host cell; and
growing said
plant to produce fruit having a modified genotype.
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Claim 9
A method for modifying transcription in fruit tissue as distinct from other
plant tissue, said method comprising:
growing a plant
capable of developing fruit tissue under conditions to produce fruit, wherein
said plant comprises cells containing a DNA construct
integrated into their genome, said DNA construct comprising, in
the 5' to 3' direction of transcription,
a fruit-specific
transcriptional initiation region,
a DNA sequence of interest
other than the coding sequence native to said transcriptional initiation region,
and
a transcriptional termination region, whereby said DNA
sequence of interest is transcribed under transcriptional control of said
fruit-specific transcription initiation region.
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Claim 12
A method to selectively express a heterologous
DNA sequence of interest in fruit tissue as distinct from other plant tissue,
said method comprising:
growing a plant capable of developing fruit tissue under conditions to
produce fruit, wherein said plant comprises cells having a genomically
integrated DNA construct comprising, as operably linked
components in the 5' to 3' direction of transcription,
a
fruit-specific transcriptional initiation region and a translational initiation
region,
a DNA sequence of interest other than the coding sequence
native to said transcriptional initiation region,
a
transcriptional termination region downstream of said DNA sequence of interest,
whereby said DNA sequence of interest is expressed under control of said
fruit-specific transcriptional and translational initiation region.
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This patent is also a Continuation in part of
US
5420034 (see the
Seed promoter
section).
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EP
316441 B1
- Earliest priority - 26 May 1987
- Filed - 26 May 1988
- Granted - 5 December 2001
- Expected expiry - 26 May 2008
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Title - Fruit-specific transcriptional factors
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Claim 1
A DNA construct comprising in
the direction of transcription,
a fruit-specific transcriptional
initiation region from a gene which becomes active at or immediately after
anthesis and remains active at least until the ripe period, and which is
transcribed in mature ovary tissue, joined to a DNA sequence of interest other
than the wild-type sequence associated with said initiation region, wherein said
DNA sequence of interest is under the transcriptional regulation of said
initiation region and
a transcriptional termination region.
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Claim 7
A DNA construct comprising in
the direction of transcription,
a fruit-specific transcriptional
initiation region of a plant storage protein which becomes active at or
immediately after anthesis and remains active at least until the ripe period and
which is transcribed in mature ovary tissue, joined to a DNA sequence other than
the wild-type sequence, wherein said sequence comprises a
unique restriction site for insertion of a sequence of interest to be under the
transcriptional regulation of said initiation region, and
a
transcriptional termination region.
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Claim 12
A method for specifically modifying the
phenotype of fruit substantially distinct from other plant tissue, said method
comprising:
transforming a plant cell with a DNA
construct under genomic integration conditions, wherein said DNA construct
comprises in the direction of transcription,
a
fruit-specific transcriptional initiation region which becomes active at or
immediately after anthesis, and remains active at least until the ripe period
and which is transcribed preferentially in mature ovary tissue, joined to a DNA
sequence other than the wild-type sequence and capable of modfying the phenotype
of fruit cells upon transcription, wherein said sequence is under the
transcriptional regulation of said initiation region, and
a
transcriptional termination region, whereby said DNA construct becomes
integrated into the genome of said plant cell;
regenerating a plant
from said transformed plant cell; and
growing said plant to produce
fruit of the modified phenotype.
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Remarks
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A related Canadian application (CA 1338827) has lapsed and a
related patent was granted in New Zealand (NZ 224787). There
is also a related patent in Australia. Related patent applications also filed in
Israel (IL 86515 A0), and Japan (JP 2500163
T2). Related patent application in China (CN 1036305
A) was withdrawn 20 March 1991.
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Note: Patent information was last updated on 15 May 2006. Search terms:
"promoter" in abstract and "Calgene" in applicant. Patent database: PatentLens
in combination with INPADOC.
Cotton fiber patent family
As mentioned above, Cotton (Gossypium hirsutum) fiber can be
construed as a type of "fruit tissue" in broader botanical terms. Calgene has a
United States patent directed to a promoter from cotton expansin gene. The
cotton expansin gene is expressed in developing fiber and, according to the
specification, the promoter of the cotton expansin gene can be used to drive a
gene of interest in developing cotton fiber for modifying cotton
fiber phenotypes.
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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
6566586
- Earliest priority - 7 January 1997
- Filed - 7 January 1998
- Granted - 20 May 2003
- Expected expiry - 7 January 2018
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Title - Cotton expansin promoter sequence
Claim 1
An isolated DNA sequence comprising the sequence of
SEQ
ID NO: 1.
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The only independent claim is drawn to an isolated DNA sequence comprising
the 2614 bp cotton expansin promoter sequence. A recombinant DNA construct
comprising the promoter sequence and a plant comprising a plant cell comprising
the DNA construct are also claimed in the dependent claims.
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Calgene LLC
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Remarks
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Related European application (EP 968292 A1) was withdraw and
the application in Australia (AU 57322/98) also lapsed.
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Note: Patent information was last updated on 18 May 2006. Search terms:
"promoter" in abstract and "Calgene" in applicant. Patent database: PatentLens
in combination with INPADOC.
Receptacle patent family
A European patent application and a granted United States patent filed by
Calgene are directed to fruit promoters in general driving the expression of
genes in the receptacle tissue of a fruit.
Specific Patent Information
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Patent Number
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Title, Summary of Claims and Independent Claims
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Assignee
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EP
973922
- Earliest priority- 6 February 1998
- Filed - 4 February 1999
- Withdrawn - 7 January 2004
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Title - Strawberry fruit promoters for gene expression
The claims as filed of the European patent application are broader in this
case, and recite:
- DNA constructs comprising a transcriptional factor driving the expression of
a heterologous gene in the receptacle tissue of a fruit. The expression of the
gene of interest is either:
- increased during fruit ripening or
- decreased during fruit development and maturation.
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Calgene Inc.
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US
6043410
- Earliest priority- 6 February 1998
- Filed - 6 February 1998
- Granted - 28 March 2000
- Expected expiry - 6 February 2018
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Title - Strawberry fruit promoters for gene expression
Claim 1
A DNA construct comprising the promoter sequence from RJ39, isolated from
Fragaria, operably-linked to a heterologous DNA coding sequence of interest.
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CA
2285465
- Filed - 4 February 1999
- Expiration - Dead application 4 February 2004
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Title - Strawberry fruit promoters for gene expression
Dead application
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Note: Patent information was last updated on 15 May 2006. Search terms:
"promoter" in abstract and "Calgene" in applicant. Patent database: PatentLens
in combination with INPADOC.
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
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