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Patent granted to Cotton Inc

Specific Patent Information

Patent Number Title, Independent Claims and Summary of Claims Assignee
US 5994624

  • Earliest priority – 20 October 1997
  • Filed – 20 October 1997
  • Granted – 30 November 1999
  • Expected expiry – 20 October 2017
 Title – In planta method for the production of transgenic plants

Claim 1
A method for producing a transformed plant comprising, injecting Agrobacterium cells harboring a vector, comprising a nucleic acid molecule capable of conferring a desired phenotypic trait to a plant, into a plant floral or meristematic tissue using a needleless injection device, which can be adapted for the injection of small volumes of material in a precise manner without causing massive tissue damage.
Claim 16
A method for producing a transgenic seed comprising injecting a Agrobacterium cells harboring a vector, comprising a gene capable of conferring a desired phenotypic trait, into the floral tissues of a plant before the division of the egg cell using a needleless-hypodermic injection device.
Claim 17
A method of producing a transgenic seed comprising injecting a recombinant Agrobacterium into the foloral tissues of a plant using a needleless-hypodermic injection device.
Claim 18
A method for producing a transgenic seed comprising injecting a Agrobacterium cells harboring a vector, comprising a gene capable of conferring a desired phenotypic trait, into the floral tissues of a plant before the division of the egg cell using a needleless-hypodermic injection device.

The United States patent 5 994 624 discloses

  • a method to transform floral or meristematic tissue in vivo by injecting with Agrobacterium with a needleless hypodermic injection device; and
  • a method to transform floral tissue before the division of the egg cell using the same procedure as above.

The transformed floral tissue develops normally, forming seeds after pollination. Seeds are grown to generate a F1 transformed progeny.

Although claim 1 says that the injection device can be adapted for the injection of small volumes of material in a precise manner without causing massive tissue damage, it does not have to be.  The specification, further, does not explicitly define what “massive tissue damage” is though it discloses that direct injection with a needle or particle bombardment can cause such damage.

Cotton Inc.
AU 752717

  • Earliest priority – 20 October 1997
  • Filed – 19 October 1998
  • Granted  – 26 September 2002
  • Patent reported as ceased – 27 May 2004
 Title – In planta method for the production of transgenic plants

Claim 1
A method for producing a transformed plant including injecting a transforming agent comprising Agrobacterium cells harboring a vector having a nucleic acid molecule capable of conferring a desired phenotypic trait to a plant, into a plant floral or meristematic tissue using a needleless injection device which can be adapted for the injection of small volumes of material in a precise manner without causing massive tissue damage.
Claim 12
A method for producing a transgenic seed comprising injecting a recombinant Agrobacterium into the floral tissues of a plant using a needleless injection device which can be adapted for the injection of small volumes of material in a precise manner without causing massive tissue damage.
Claim 13
A method for producing a transgenic seed comprising injecting Agrobacterium cells harboring a vector, comprising a gene capable of conferring a desired phenotypic trait, into the floral tissues of a plant before the division of the egg cell using a needleless injection device.
Claim 14
An in planta germline transformation method including needleless injection of a transforming agent comprising an Agrobacterium vector, said injection being directly into a tissue including the floral or meristematic germline cells of said plant, said injection being selected as to pressure, volume and trajectory so as to limit penetration of said transforming agent to a region of said tissue whereby said germline cells are transformed without causing excessive tissue damage.
Claim 15
A method for producing a transformed plant or a transgenic seed substantially as herein described in the detailed description of the invention with reference to the drawings.

Unlike the US patent, the claims in the AU patent do not require that the needleless injection device be a hypodermic device.

As in the US patent, although claim 1 and 12 say that the needleless injection device can be adapted for the injection of small volumes of material in a precise manner without causing massive tissue damage, the claims don’t require the injection device to have these features/functions.

The patent does not disclose what “excessive” tissue damage is other than to generally describe that it may occur through using a needle to inject a tissue.  The patent does not explicitly state that “excessive” tissue damage and “massive” tissue damage are the same.
Remarks Related patent application in South Africa (ZA 9809517).

Note: Patent information on this page was last updated on 22 February 2006.