Antibiotic resistance genes in general

IP aspects

Monsanto Company holds patent rights on the use of any antibiotic resistance gene as a selectable marker for plant transformation. Importantly, these proprietary rights apply onlyin the United States and are covered by three granted patents:

These three United States patents are related to three other United States patents and one European patent. However, the other patents are directed to the more specific subject matter of chimeric genes for plant transformation containing the 35S Cauliflower Mosaic Virus (CaMV) promoter or the promoter of the ribulose−1,5−bis−phosphate carboxylase small subunit (rbcS) gene in combination with the neomycin phosphotransferase (npt) gene as the antibiotic resistance gene.

These patents directed to promoters are analysed in the technology landscape Promoters.

Bibliographic data

US 5034322

US 6174724

US 6255560


Chimeric genes suitable for expression in plant cells

Application No and Filing Date No. 07/333,802
April 5, 1989
No. 08/435,951
May 4, 1995
No. 09/228,638
January 11, 1999
Issue Date July 23, 1991* January 16, 2001** July 3, 2001†
Remarks This patent is related to the US patent6174724 through at least five different applications. These two patents are only related through the earliest priority document (the first patent application ever filed on the inventions) which corresponds to the United States application 458414 filed on January 17, 1983.
* Patent term is 17 years from the date of issuance.
** Patent term would be 17 years from the date of issuance, but because of a ” terminal disclaimer”, the term does not extend beyond the expiration date of patent US 5034322.
† Patent term would be 20 years from the earliest priority date (January 17, 1983), but in this case the term does not extend beyond the expiration date of patent US 5352605, which is in 2011 (analysed in the Technology Landscape on Promoters).