Seed Promoters
PLEASE NOTE that patent claims drawn to promoters that are active
constitutively in plants, promoters that are active in "fruits" or in
"reproductive parts" may be construed to cover seed-preferred promoters.
Patent claims to particular sequences or to promoters that drive
particular seed-specific genes in certain species (such as phaseolin or napin)
may also be applicable, even though they may not mention the word "seed".
Thus, the list below mentioning a few patents claiming promoters that are
broadly seed-specific is NOT a comprehensive list of promoters that are covered
by patent claims.
Calgene, Sapporo Breweries and the
University of California
have filings drawn to seed-specific promoters in broad terms, listed below.
A patent family with several patents granted to Calgene, directed to a
transcription cassette having a seed-specific promoter, is noted below, and see
also the fruit-specific claims of Calgene elsewhere in this landscape, which may
be construed to apply to seeds.
Patents and patent applications that were assigned to Calgene may now be held
by Monsanto, to which any inquiries about licensing should be directed.
The granted United States patents
US
5420034 and
US
5608152 are directed to promoters isolated from specific
seed genes (i.e. napin gene) and plants (i.e. Brassica). There are
three other granted patents in this patent family, and patent applications in
the same patent family may still be pending.
Note that patent claims are not granted the same way in every country, and
this patent family presents a perfect example of that. The Australian granted
patent claims are broad:
- A seed comprising a transcription cassette containing:
- a seed-specific transcriptional initiation region;
- a sequence of interest other than the native sequence regulated by the
transcriptional region; and
- a transcriptional termination region.
- A transcription construct comprising a polylinker with at least two
restriction sites for the insertion of DNA sequences of interest under the
control of a seed-specific promoter.
- A method to modify the genotype of a seed by the use of a transcription
cassette as described above.
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Patent Number
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Title, Independent Claims and Summary
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Assignee
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EP
255378 B2
- Earliest priority - 31 July 1986
- Filed - 30 July 1987
- Granted - 13 April 1994
- Expected expiry - 30 July 2007
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Title - Seed-specific transcriptional regulation
Claim 1
A DNA construct comprising in the 5' to 3' direction of
transcription:
a napin transcriptional initiation region, joined to a
DNA sequence of interest other than
(i) a DNA sequence encoding
napin or
(ii) a DNA sequence encoding a mammalian protein or
peptide or mammalian viral pathogen peptide or protein; and
a
transcription termination region.
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Claim 6
A method comprising the production of a DNA
construct comprising in the 5' to 3' direction of
transcription:
a napin transcriptional initiation region wherein said
napin transcriptional initiation region is free from the native DNA sequence
under the regulatory control of said initiation region, joined to a cloning
site, and
a transcriptional termination region; provided that said construct does
not comprise a DNA sequence encoding a mammalian peptide or protein or mammalian
viral pathogen peptide or protein operably linked to said napin transcriptional
initiation region.
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Claim 8
A method of modifying the genotype of a plant
to impart a desired characteristic to seed as distinct from other plant said
method comprising:
transforming a host plant cell
under genomic integration conditions with a DNA construct
comprising in the 5' to 3' direction of transcription:
a seed specific napin transcriptional initiation region, joined to a DNA
sequence of interest other than (a) a DNA sequence encoding a napin or (b) a DNA
sequence encoding a mammalian peptide or protein or a mammalian viral pathogen
peptide or protein; and
a transcriptional termination region; and
growing said plant to produce seed.
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Claim 9
A method for specifically modifying the
phenotype of seed as distinct from other plant tissue, said method
comprising:
(i) transforming a host plant cell under genomic
integration conditions with a DNA construct comprising in the 5' to 3' direction
of transcription:
a seed specific napin transcriptional initiation
region, joined to a DNA sequence of interest other than (a) a DNA sequence
encoding napin or (b) a DNA sequence encoding a mammalian peptide or protein or
a mammalian viral pathogen peptide or protein; and
a
transcriptional termination region; and
(ii) growing a plant under
conditions to produce seed, said plant being comprised of cells capable of
developingseed tissue and said cells having integrated in their genome said DNA
construct.
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Claim 10
A method comprising the production of a DNA
construct comprising in the 5' to 3' direction of transcription:
a seed
specific transcriptional initiation region which is from other than the bean
phaseolin promoter;
a DNA sequence other than the natural coding
sequence joined to said initiation region, wherein said sequence encodes an acyl
carrier protein; and
a transcriptional termination region.
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Claim12
A method for modifying the genotype of a plant
to impart a desired characteristic to seed as distinct from other plant tissues
said method comprising:
transforming a host plant cell under genomic
integration conditions with a DNA construct comprising in the 5' to 3' direction
of transcription:
a seed specific transcriptional initiation
region;
a DNA sequence encoding an acyl carrier protein joined to
said initiation region; and
a transcriptional termination region;
and
growing said plant to produce seed.
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Claim 13
A method for specifically modifying the
phenotype of seed as distinct from other plant tissue, said method comprising:
(i) transforming a host plant cell under genomic integration
conditions with a DNA construct comprising in the 5' to 3' direction of
transcription:
a seed specific transcriptional initiation
region;
a DNA sequence encoding an acyl carrier protein joined to
said initiation region; and
a transcriptional termination region;
and
(ii) growing a plant under conditions to produce seed, said plant
being comprised of cells capable of developing seed tissue and said cells having
integrated in their genome said DNA construct.
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Calgene Inc.
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US
5420034
- Earliest priority - 31 July 1986
- Filed - 8 August 1991
- Granted - 30 May 1995
- Expected expiry - 30 May 2012
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Title - Seed-specific transcriptional regulation
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Claim 1
A DNA construct comprising: in
the 5' to 3' direction of transcription,
a transcriptional initiation region from a gene which encodes a product
preferentially expressed in a plant seed cell as compared with other plant
cells,
a DNA sequence of interest other than the native coding
sequence of said gene, and
a transcriptional termination region,
wherein said gene is a napin gene, an acyl carrier protein gene or an EA9 gene.
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Claim 8
An expression cassette
comprising: in the 5'-3' direction of transcription,
a seed-specific transcriptional initiation region wherein said
transcriptional initiation region is free from the native DNA sequence under the
regulatory control of said initiation region,
a cloning site, and
a transcriptional termination region, wherein said transcriptional
initiation region is from a napin gene, an acyl carrier protein gene or an EA9
gene.
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Claim 9
An expression cassette
comprising: in the 5'-3' direction of transcription,
a transcriptional initiation region and ribosome binding site from a gene
expressed in a seed embryo or a seed coat cell or from a gene encoding a seed
storage protein,
a linker or polylinker having one or a plurality of
restriction sites for insertion of a gene to be expressed under transcriptional
control of said transcriptional initiation region, and
a
transcriptional termination region, wherein said transcriptional initiation
region and said ribosome binding site are from a napin gene, an acyl carrier
protein gene or an EA9 gene.
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US
5608152
- Earliest priority - 31 July 1986
- Filed - 30 May 1995
- Granted - 4 March 1997
- Expected expiry - 4 March 2014
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Title - Seed-specific transcriptional regulation
Claim 1
A Brassica plant comprising: a DNA construct
comprising, in the 5' to 3' direction of transcription,
a transcriptional initiation region from a gene that encodes a product
preferentially expressed in a plant seed cell as compared to other plant cells,
a DNA sequence of interest other than the native coding sequence of
said gene, and
a transcriptional termination region, wherein said gene
is a napin gene, an acyl carrier protein gene or an EA9 gene.
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Claim 8
A Brassica seed comprising: a DNA construct
comprising, in the 5' to 3' direction of transcription,
a transcriptional initiation region from a gene that encodes a product
preferentially expressed in a plant seed cell as compared to other plant cells,
a DNA sequence of interest other than the native coding sequence of
said gene, and
a transcriptional termination region, wherein said gene
is a napin gene, an acyl carrier protein gene or an EA9 gene.
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This patent is a Division of
US
5420034.
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Remarks
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Related patents granted in Australia (AU 612326 B2) and New
Zealand (NZ 221259). Related application filed in China
(CN 87106120) has been withdrawn.
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Note: Patent information was last updated on 15 May 2006. Search terms:
"seed" in abstract and "Calgene" in applicant. Patent database: PatentLens in
combination with INPADOC.
Sapporo Breweries' patents and applications
The granted US and Australian patents claim an isolated barley β-amylase
promoter sequence. However, the independent claims as filed in the European and
Canadian patent applications are very broad as they recite a promoter capable of
expressing an introduced gene in plant seeds. There is no limitation in the gene
source of the seed promoter. In dependent claims the promoter is derived from a
beta-amylase gene from barley. It remains to be seen whether the independent
claims will be granted as filed.
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Patent Number
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Title, Independent Claims and Summary
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Assignee
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US
5952489
- Earliest priority - 5 May 1995
- Filed - 4 March 1997
- Granted - 14 September 1999
- Expected expiry - 4 March 2017
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Title - Tissue-specific promoter
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Claim 1
An isolated barley β-amylase promoter
comprising
SEQ
ID NO: 1.
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Sapporo Breweries Ltd.
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AU
717055 B2
- Earliest priority - 5 May 1995
- Filed - 4 March 1997
- Granted - 14 September 1999
- Expected expiry - 4 March 2017
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Title - Tissue-specific promoter
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Claim 1
An isolated barley β-amylase promoter
comprising a nucleic acid
sequence of
SEQ
ID NO: 1, or a nucleic acid sequence of
SEQ
ID NO: 1 in which one or more bases are deleted, substituted or added to
said sequence and which has promoter activity in plant seeds.
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EP 781849 A1
- Earliest priority - 5 May 1995
- Filed - 5 July 1996
- Granted - Pending
- Expected expiry - N/A
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Title - Tissue-specific promoter
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Claim 1
A promoter capable of expressing an introduced gene in plant
seeds
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Remarks
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The related patent application in Canada (CA 2199158) is
also pending.
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Note: Patent information was last updated on 15 May 2006. Search terms:
"seed" in abstract and "Sapporo" in applicant. Patent database: PatentLens and
esp@cenet in combination with INPADOC.
University of
California's patents and applications
Only independent claim 1 as filed of the European patent application is
relevant for the present paper as it describes in general terms a recombinant
nucleic acid molecule having a seed-maturation specific promoter. The promoter
drives the expression of a protein in a subcellular compartment due to the
presence of a signal peptide that targets the polypeptide to an intracellular
body.
The other independent claims are more specific and describe promoter and
signal sequences derived from barley hordein storage protein. It is important
to note that claims from pending applications may still be granted.
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Patent Number
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Title, Independent Claims and Summary
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Assignee
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US
6642437
- Earliest priority - 30 September 1997
- Filed - 30 September 1998
- Granted - 4 November 2003
- Expected expiry - 30 September 2018
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Title - Production of proteins in plant seeds
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Claim 1
A method for producing seeds containing a
selected heterologous protein which is not a seed-storage protein,
comprising the steps of:
(a) stably transforming monocot plant cells with a chimeric gene
having:
(i) a transcriptional regulatory region
from the gene of a maturation specific monocot storage protein selected from the
group consisting of rice glutelins, rice oryzins, rice prolamines, barley
hordeins, oat glutelins, and sorghum kafirins, millet pennisetins, and rye
secalins,
(ii) operably linked to said transcriptional regulatory
region, a first DNA sequence encoding a monocot seed-specific N-terminal leader
sequence capable of targeting a linked polypeptide to a protein storage body in
monocot seeds, and
(iii) a second DNA sequence encoding such
selected non-seed-storage heterologous protein, and linked in translation frame
with the first sequence, such that the first and second sequences encode a
fusion protein composed of the selected heterologous non-seed-storage protein
and an N-terminal leader sequence,
(b) cultivating plants containing
the transformed plant cells under seed-maturation conditions, wherein the
expression of the non-seed storage heterologous protein is at least twice that
observed with an equivalent chimeric gene lacking the second DNA sequence
encoding a monocot seed-specific N-terminal leader sequence, and
(c)
harvesting seeds from the cultivated plants.
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The Regents of the University of
California
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AU
746032 B2
- Earliest priority - 30 September 1997
- Filed - 30 September 1998
- Granted - 11 April 2002
- Expected expiry - 30 September 2017
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Title - Production of proteins in plant seeds
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Claim 1
A method of producing a selected heterologous
protein which is not a seed-storage protein, comprising the
steps of:
(a) stably transforming a monocot plant cell with a
chimeric gene comprising:
(i) a transcriptional
regulatory region from the gene of a maturation specific monocot storage protein
selected from the group consisting of rice glutelins, oryzins, and prolamines,
barley hordeins, wheat gliadins and glutenins, maize zeins and glutelines, oat
glutelins, and sorghum kafirins, millet pennisetins, and rye secaliiis,
(ii) operably linked to said transcriptional regulatory region, a first
DNA sequence encoding a monocot seed-specific leader sequence capable of
targeting a linked polypeptide to a protein storage body in monocot seeds, and
(iii) a second DNA sequence encoding the selected heterologous
protein, and linked in translation frame with the first sequence, such that the
first and second sequences encode a fusion protein composed of the selected
protein and an N-terminal leader sequence, and
(b) cultivating plants
containing the cell under seed-maturation conditions to produce the selected
heterologous protein.
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Claim 5
A method of producing a transformed plant
comprising the steps of:
a) stably transforming a
monocot plant cell with a chimeric gene comprising:
(i) a transcriptional regulatory region from the gene of a maturation
specific monocot storage protein selected from the group consisting of rice
glutelins, oryzins, and prolamines, barley hordeins, wheat gliadins and
glutenins, maize zeins and glutelines, oat glutelins, and sorghum kafirins,
millet pennisetins, and rye secalins,
(ii) operably linked to said
transcriptional regulatory region, a first DNA sequence encoding a monocot
seed-specific leader sequence capable of targeting a linked polypeptide to a
protein storage body in monocot seeds, and
(iii) a second DNA
sequence encoding a selected heterologous protein which is not a seed-storage
protein, and linked in translation frame with the first sequence, such that the
first and second sequences encode a fusion protein composed of the selected
protein and an N-terminal leader sequence; and
(b) cultivating a plant
containing the cell.
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EP 1019517 A2
- Earliest priority - 30 September 1997
- Filed - 30 September 1998
- Granted - Pending
- Expected expiry - N/A
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Title - Production of proteins in plant seeds
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Claim 1
A recombinant nucleic acid molecule having a
structure P-X or P-SS-X, wherein X is a nucleic acid molecule encoding a
polypeptide, P is a seed maturation-specific promoter, and SS is a signal
sequence that targets a linked polypeptide to an intracellular body.
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Claim 12
A recombinant nucleic acid molecule having a
structure Ph-hSS-X, wherein Ph is a hordein promoter, hSS is a hordein signal
sequence, and X is a nucleic acid molecule encoding a polypeptide, and where Ph,
hSS and X are operably inked.
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Claim 30
A method of producing a stably transformed
monocotyledenous plant expressing a selected polypeptide in seeds of the plant,
comprising:
(a) placing an immature zygotic embryo of
the plant on plant growth medium comprising maltose as a sugar
source an auxin at a concentration of about 0.1 mg/L to about 5 mg/L, a
cytokinin at a concentration of 0 mg/L to about 5 mg/L and copper at a
concentration of about 0.1uM to about 50uM, and incubating in dim light
conditions so as to form green regenerative tissue;
(b) introducing a
nucleic acid molecule into the tissue to produce transformed tissue, wherein the
nucleic acid molecule has a structure Ph-hSS-X, wherein Ph is a hordein
promoter, hSS is a hordein signal sequence, and X is a nucleic acid molecule
encoding the selected polypeptide, and where Ph, hSS and X are operably
linked;
(c) incubating the transformed tissue on the plant growth
medium such that green structures are observed on the transformed
material;
(d) regenerating at least one transformed plant from the
green structures; and
(f) growing the transformed plant to produce
seed.
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Claim 35
A method of producing a stably transformed
monocotyledenous plant expressing a selected polypeptide in seeds of the plant,
comprising:
(a) placing an immature zygotic embryo of
the plant on plant growth medium comprising maltose as a sugar
source, an auxin at a concentration of about 0.1 mg/L to about 5 mg/L, a
cytokinin at a concentration of0 mg/L to about 5 mg/L and copper at a
concentration of about0.1 uM to about 50ltM, and incubating in dim light
conditions so as to form green regenerative tissue;
(b) introducing a
nucleic acid molecule into the tissue by to produce transformed tissue, wherein
the nucleic acid molecule has a structure Ph-X, wherein Ph is a hordein promoter
and X is a nucleic acid molecule encoding the selected polypeptide, and where Ph
and X are operably linked;
(c) incubating the transformed tissue on the
plant growth medium such that green structures are observed on the transformed
material;
(d) regenerating at least one transformed plant from the
green structures; and
(f) growing the transformed plant to produce
seed.
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Claim 39
A method of producing a stably transformed
monocotyledenous plant expressing a selected polypeptide in seeds of the plant,
comprising:
(a) placing an immature zygotic embryo of
the plant on plant growth medium comprising maltose as a sugar
source, an auxin at a concentration of about 0.1 mg/L to about 5 mg/L, a
cytokinin at a concentration of0 mg/L to about 5 mg/L and copper at a
concentration of about 0. 11M to about 50I1M, and incubating in dim light
conditions so as to form green regenerative tissue;
(b) introducing a
nucleic acid molecule into the tissue by to produce transformed tissue, wherein
the nucleic acid molecule has a structure P - X or P - SS - wherein X is a
nucleic acid molecule encoding a polypeptide, P is a seed maturation-specific
promoter, and SS is a signal sequence that targets a linked polypeptide to an
intracellular body;
(c) incubating the transformed tissue on the plant
growth medium such that green structures are observed on the transformed
material;
(d) regenerating at least one transformed plant from the
green structures; and
(f) growing the transformed plant to produce
seed.
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Remarks
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An application as a Continuation of
US
6642437, which has exactly the same claims as (EP
1019517), is pending in the United States
(US
2004/88754 A1). Related applications are also pending in Canada
(CA 2305628) and Japan (JP 2001518305)
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Note: Patent information was last updated on 15 May 2006. Search terms:
"seed" in abstract and "University of California" in applicant. Patent database:
PatentLens and esp@cenet 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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