Appendix

Summary

The appendix contains patent documents that have been analysed, but are not within the scope of this technology landscape.  These patent documents are relevant to the subject of bioindicator systems because of their utility (use of reporter genes in bioindicators, or polypeptides coding for enzymes that can be used in a biosensor system), however, the claims are not directly drawn towards bioindicators, or methods/devices to detect substances or environmental conditions, therefore were added in this section.


Patent application filed and patent owned by Toyobo Co. Ltd

Technology overview

A family of US patent documents described in this section discloses the nucleic acid and amino acid sequence of two luciferases (green light-emitting and red light-emitting) from Phrixothrix species.  One of the utilities listed in the description of these patent documents is the use of these luciferases as a reporter in a biosensor system, where the genes can be operatively linked to an inducible promoter.  The assignee is Toyo Boseki Co. (known as Toyobo).  Toyobo Co. Ltd was founded in 1882 as a cotton spinning company, which later expanded business and currently has three main business sectors in fiber and textile, plastic products, and bio, medical and functional materials.

Details of patent documents

Patent or Publication no. Title, Independent Claims and Summary Assignee and licensing information
US 6962986

  • Earliest priority – 1 Sept 1999
  • Filed – 14 Nov 2001
  • Granted – 8 Nov 2005
  • Expected expiry – 1 Sept 2019
Title – Nucleic acid molecules encoding red and green emitting luciferases

Claim 1
An isolated nucleic acid molecule encoding a green light emitting luciferase selected from the group consisting of:a) a nucleic acid molecule comprising SEQ ID NO:1; and
b) a nucleic acid molecule that hybridizes to SEQ ID NO:1 under high stringency conditions comprising washing in a solution containing 0.1×SSC/0.1% SDS for 15 min at 68° C.; or
a nucleic acid molecule that is 100% complementary to (a) or (b)
wherein the encoded green light emitting luciferase emits green bioluminescence having a maximum lambda of approximately 549 nm when expressed in E coli.

The claims are generally drawn towards:

  • an isolated nucleic acid molecule encoding a green light emitting luciferase (claim 1)

Definitions extracted from the description are:

  • SEQ ID NO:1 – nucleotide sequence coding for Phrixothrix vivianii luciferase
  • high stringency conditions – explained on pages 2.10.1-2.10.16 and pages 6.3.1-6 in Current Protocols in Molecular Biology (Ausubel, F. M. et al., “Current Protocols in Molecular Biology”, John Wiley & Sons, (1998)) the teachings of which are hereby incorporated by reference

Comments:

This granted patent is a continuation of US 09/516958 (abandoned), which is a continuation-in-part of US 09/388290 (abandoned)

Toyobo Co. Ltd

2-8, DOJIMA HAMA 2-CHOME, KITA-KU
OSAKA-SHI, OSAKA-FU, JAPAN

Ph +81-6-6348-3111
Fax +81-6-6348-3206

Company website:

http://www.toyobo.co.jp/e/index.htm

The R&D site has a web-based form for enquiries concerning Toyobo technology.

US 2002/119542

  • Earliest priority – 1 Sept 1999
  • Filed – 14 Nov 2001
  • Granted as US 6962986 (see above)
  • Expected expiry – not applicable
Title – Nucleic acid molecules encoding red and green emitting luciferases

Claim 1
An isolated nucleic acid molecule comprising a nucleotide sequence selected from the group consisting:a) SEQ ID NO: 1;b) the complement of SEQ ID NO: 1;c) nucleic acid molecule which is greater than about 90 percent identical to the nucleic acid sequence of SEQ ID NO: 1 or the complement of SEQ ID NO: 1;d) nucleic acid encoding a polypeptide having the amino acid sequence of SEQ ID NO: 3; ande) nucleic acid encoding a polypeptide having an amino acid sequence which is greater than about 93 percent identical to the amino acid sequence of SEQ ID NO: 3.
Claim 3
An isolated nucleic acid molecule encoding a luciferase which hybridizes under high stringency conditions to a nucleotide sequence selected from the group consisting:a) SEQ ID NO: 1; andb) the complement of SEQ ID NO: 1.
Claim 5
An isolated nucleic acid molecule contained in deposit pB1-PvGR .

The claims are generally drawn towards:

  • an isolated nucleic acid molecule comprising a nucleotide sequence coding for Phrixothrix vivianii luciferase (claim 1, 3)
  • an isolated nucleic acid molecule contained in pB1-PvGR (claim 5)

Definitions extracted from the description are:

  • SEQ ID NO:1 – nucleotide sequence of the green light emitting luciferase cDNA of Phrixothrix vivianii
  • SEQ ID NO:2 – deduced amino acid sequence of SEQ ID NO:1
  • SEQ ID NO:3 – nucleotide sequence of the red light emitting luciferase cDNA of Phrixothrix hirtus
  • SEQ ID NO:4 – deduced amino acid sequence of SEQ ID NO:3
  • pB1-PvGR – there is no definition for this plasmid. Accoding to Viviani et al. (Biochem. 1999, 38: 8271-8279), this plasmid is pB1 containing a 0.75 kb EcoRV/BamH1 fragment of the green light emitting luciferase cDNA of Phrixothrix vivianii
  • high stringency conditions – explained on pages 2.10.1-2.10.16 and pages 6.3.1-6 in Current Protocols in Molecular Biology (Ausubel, F. M. et al., “Current Protocols in Molecular Biology”, John Wiley & Sons, (1998)) the teachings of which are hereby incorporated by reference

Comments:

Since this is a published application and not a granted patent, there are no enforceable rights.

Term ‘SEQ ID NO:3’ in claim 1 is most probably a misprinting of ‘SEQ ID NO:2’, as the latter is the deduced amino acid sequence of SEQ ID NO:1, whereas SEQ ID NO:3 is a nucleotide sequence of a luciferase cDNA of anotherPhrixothrix species, and not an amino acid sequence (see definitions of terms above).

US 2005/089964

  • Earliest priority – 1 Sept 1999
  • Filed – 14 Nov 2001
  • Application pending
  • Expected expiry – not applicable
Title – Nucleic acid molecules encoding red and green emitting luciferases

Claim 1
An isolated nucleic acid molecule encoding a red light emitting luciferase which hybridizes under high stringency conditions to a nucleotide sequence selected from the group consisting of:(a) SEQ ID NO.3, and
(b) the complement of SEQ ID No.3,
wherein said high stringency conditions correspond to washing in prewarmed (68° C.) solution containing 0.1×SSC/0.1% SDS for 15 min at 68° C.,
wherein the encoded red light emitting luciferase emits red bioluminescence having a maximum lambda of approximately 622 nm when expressed in E coli.

The claims are generally drawn towards:

  • an isolated nucleic acid molecule encoding a red light emitting luciferase (claim 1)

Definitions extracted from the description are:

  • SEQ ID NO:3 – nucleotide sequence of the red light emitting luciferase cDNA of Phrixothrix hirtus

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

This application is a division of now granted US 6962986.

Search strategy

Search details
Date of search 01/05/2006
Database searched Patent Lens
Type of search Structured, stemming on
Collections searched AU-B, US-A, US-B, EP-B, WO
Search terms biosensor (Toyo in applicant)
Results 7
Comments Of the 7 results identified using these search terms, one result was identified as being of particular interest based on the abstract and a review of the claims.

Patent applications filed by the University of Tennessee Research Foundation

Technology overview

A research team lead by Dr Gary S. Sayler at the Center for Environmental Biotechnology at the University of Tennessee, Knoxville investigated codon optimization of luxA and luxBfrom Photorhabdus luminsecens for expression in mammalian cells, and filed patent applications based on their findings.  They have also published this research in a scientific journal after filing of the PCT application: Patterson et al. (2005). Codon optimization of bacterial luciferase (lux) for expression in mammalian cells.  J Ind Microbiol Biotechnol. 32(3):115-23.

Details of patent documents

Patent or Publication no. Title, Independent Claims and Summary Assignee and licensing information
US 2004/142356

  • Earliest priority – 30 Oct 2002
  • Filed – 30 Oct 2003
  • Application pending
  • Expected expiry – not applicable
Title – Modified luciferase nucleic acids and methods of use

Claim 1
A nucleic acid comprising a codon-optimized nucleotide sequence encoding a component of a bacterial luciferase system.
Claim 9
cell comprising a nucleic acid comprising a codon-optimized nucleotide sequence encoding a component of a bacterial luciferase system.
Claim 19
A method comprising the step of introducing into a mammalian cell a nucleic acid comprising a codon-optimized nucleotide-sequence encoding a component of a bacterial luciferase system.

The claims are generally drawn towards:

  • a nucleic acid comprising a codon-optimized bacterial luciferase system (claim 1)
  • a cell comprising a codon-optimized bacterial luciferase system (claim 9)
  • a method comprising introducing a codon-optimized bacterial luciferase system into a mammalian cell (claim 19)

Definitions extracted from the specification are:

  • Codon-optimized nucleotide sequence – one that differs from a naturally occurring sequence by at least one (e.g., 2, 3, 4, 5, 10, 25, 50, 100, 200 or more or all) codon substitution, the codon substitution being one that promotes a higher level of expression of the nucleic acid in a given cell, than does the naturally occurring sequence.
  • Component of a bacterial luciferase system – LuxA, LuxB, LuxC, LuxD, LuxE, or FMN oxidoreductase.
  • Cell – Although the codon-optimized nucleic acids of the invention are optimized for use in mammalian-cells, the nature of mammalian codon usage allows expression of the nucleic acids in non-mammalian cells such as those from organisms such as zebrafish, yeast (e.g., Candida species), and plants (e.g., tobacco, canola, arabidopsis).

Comments:
Since this is a published application and not a granted patents, currently there are no enforceable rights.

University of Tennessee Research Foundation

1534 WHITE AVENUE
SUITE 403
KNOXVILLE, TENNESSEE 37996
Ph: +1-865-974-1882

Email: vhunley@tennessee.edu

WO 2004/042010

  • Earliest priority – 30 Oct 2002
  • Filed – 30 Oct 2003
  • Published – 21 may 2004
  • Expected expiry – not applicable
Title – Modified luciferase nucleic acids and methods of use

Claim 1
A nucleic acid comprising a codon-optimized nucleotide sequence encoding a component of a bacterial luciferase system.
Claim 9
A cell comprising a nucleic acid comprising a codon-optimized nucleotide sequence encoding a component of a bacterial luciferase system.
Claim 19
A method comprising the step of introducing into a mammalian cell a nucleic acid comprising a codon-optimized nucleotide-sequence encoding a component of a bacterial luciferase system.

The claims are generally drawn towards:

  • a nucleic acid comprising a codon-optimized bacterial luciferase system (claim 1)
  • a cell comprising a codon-optimized bacterial luciferase system (claim 9)
  • a method comprising introducing a codon-optimized bacterial luciferase system into a mammalian cell (claim 19)

Definitions extracted from the specification are provided in US 2004/142356.

Comments:

Since this is a published application and not a granted patent, there are no enforceable rights.

Remarks National phase entry of WO 2004/042010 in Australia (AU 2003/301883) is pending.

Search strategy

Search details
Date of search 14/09/2006
Database searched Patent Lens
Type of search Simple, stemming on
Collections searched AU-B, US-A, US-B, EP-B, WO
Search terms bioreporter and (Sayler in inventor)
Results 27
Comments Of the 27 results identified using these search terms, 4 results were identified as being of particular interest based on their abstracts and a review of their claims.

Patent application filed and patents owned by The Secretary of State for Defence in her Britannic Majesty’s Government of the United Kingdom of Great Britain & North Ireland of Defence Science and Technology Laboratory (DSTL, formerly Defence Evaluation and Research Agency)

Technology overview

The patent family described in this section was disclosed by a research team lead by Dr N.C. Bruce at the Institute of Biotechnology, University of Cambridge at the time of filing.  The technology concerns PETN reductase and its corresponding onr gene, which codes for an enzyme that catalyses the removal of nitrite from PETN, glycerol trinitrate (GTN) and ethylene glycol dinitrate (EGDN).  PETN has diverse applications in explosives, detonators, and in the pharmaceutical field. Synthesis, utilization and disposal of PETN can lead to environmental contamination of this compound due to its recalcitrant nature.

The title of the assignees in the four patent documents described below are all slightly different, but seem to be the same entity (DSTL).

Details of patent documents

Patent or Publication No. Title, Independent Claims and Summary Assignee and licensing information
CA 2226729

  • Earliest priority – 11 Jul 1995
  • Filed – 8 Jul 1996
  • Application pending
  • Expected expiry – not applicable
Title – Detection and biodegradation of explosives

Claim 1

A PETN reductase enzyme which catalyses the removal of nitrite from PETN characterised in having the amino acid sequence shown in Figure 4 or a derivative thereof.

Claim 28

An Enterobacter cloacae bacterial strain referred to as “PB2” and deposited as NCIMB 40718, and mutants and variants thereof capable of producing enzymic activity which degrades PETN in the presence of NADPH.

The claims are generally drawn towards:

  • a pentraerythritol tetranitrate (PETN) reductase enzyme (claim 1)
  • An E. cloacae strain deposited as NCIMB 40718, and mutants and variants thereof (claim 28)

Definitions extracted from the specification are provided in WO 1997/03201.

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

The Secretary of State for Defence in her Britannic Majesty’s Government of the United Kingdom of Great Britain & North Ireland

DSTL has a technology transfer and management company called Ploughshare Innovations Ltd (a subsidiary of DSTL, URL: http://www.ploughshareinnovations.com/):

Contact

Dr. Taj S Mattu – Marketing Manager
Ph +44 (0) 1980 590062
Email tajmattu@ploughshareinnovations.com

EP 837941

  • Earliest priority – 11 Jul 1995
  • Filed – 8 Jul 1996
  • Granted – 12 Mar 2003
  • Expected expiry – 8 Jul 2016
Title – Detection and biodegradation of explosives

Claim 1

A pentaerythritol tetranitrate (PETN) reductase which catalyses the removal of nitrite from PETN, characterised in that

it comprises the amino acid sequence shown in Figure 4, or a derivative thereof, which

  • derivative has PETN reductase activity that catalyses the removal of nitrite from PETN and which
  • has insertions, deletions and/or substitutions of the amino acid sequence of Figure 4, and which
  • is encodeable by a nucleic acid sequence which is at least 70% identical to the coding sequence of Figure 3.
Claim 30

An Enterobacter cloacae bacterial strain deposited as NCIMB 40718 and mutants and variants thereof capable of producing enzymatic activity degrading PETN in the presence of NADPH.

The claims are generally drawn towards:

  • a pentraerythritol tetranitrate (PETN) reductase enzyme (claim 1)
  • An E. cloacae strain deposited as NCIMB 40718, and mutants and variants thereof (claim 30)

Definitions extracted from the specification are provided in WO 1997/03201.

Designated contracting States at the time of grant are: Switzerland, Germany, Spain, France, United Kingdom, Italy, Liechtenstein, Netherlands, Sweden

The Secretary of State for Defence (GB), The Secretary of State for DSTL

Porton Down, Salisbury, Wiltshire SP4 0JQ GB

DSTL has a technology transfer and management company called Ploughshare Innovations Ltd (a subsidiary of DSTL, URL: http://www.ploughshareinnovations.com/):

Contact

Dr. Taj S Mattu – Marketing Manager
Ph +44 (0) 1980 590062
Email tajmattu@ploughshareinnovations.com

US 5928859

  • Earliest priority – 11 Jul 1995
  • Filed – 8 Jul 1996
  • Granted – 27 Jul 1999
  • Expected expiry – 8 Jul 2016
Title – Detection and biodegradation of explosives

Claim 1

A PETN reductase enzyme which catalyses the removal of nitrite from PETN characterised in having the amino acid sequence as set forth in SEQ ID NO: 2.

Claim 13

A method of detecting PETN in a sample, comprising

(1) subjecting the sample to a reaction involving the removal of nitrite from PETN, the reaction being carried out in the presence of NADPH and PETN reductase enzyme, having the amino acid sequence as set forth in SEQ ID NO: 2 until NADP and nitrite are produced, and

(2) detecting the occurrence of said reaction.

Claim 24

An Enterobacter cloacae bacterial strain referred to as “PB2” and deposited as NCIMB 40718, and mutants thereof capable of producing enzymic activity which degrades PETN in the presence of NADPH.

The claims are generally drawn towards:

  • a pentraerythritol tetranitrate (PETN) reductase enzyme (claim 1)
  • a method of detecting PETN (claim 13)
  • an E. cloacae strain deposited as NCIMB 40718, and mutants and variants thereof (claim 24)

Definitions extracted from the description are:

  • SEQ ID NO: 2 – amino acid sequence of PETN reductase (referred to as Figure 4 in WO 1997/03201 and others)

Comments:
Claim 1 recites a PETN reductase enzyme that is characterised as having a defined amino acid sequence, the application of which is not defined and therefore any kind of use is not limited.

The Secretary of State for Defence in her Britannic Majesty’s Government of the United Kingdom of Great Britain & North Ireland of Defence Evaluation Research Agency

IVELY ROAD
FAMBOROUGH, HANTS, UNITED KINGDOM GU14

DSTL has a technology transfer and management company called Ploughshare Innovations Ltd (a subsidiary of DSTL, URL: http://www.ploughshareinnovations.com/):

Contact

Dr. Taj S Mattu – Marketing Manager
Ph +44 (0) 1980 590062
Email tajmattu@ploughshareinnovations.com

WO 1997/03201

  • Earliest priority – 11 Jul 1995
  • Filed – 8 Jul 1996
  • Published – 30 Jan 1997
  • Expected expiry – not applicable
Title – Detection and biodegradation of explosives

Claim 1

A PETN reductase enzyme characterised in that:
(1) it catalyses the removal of nitrite from PETN; and
(2) it has reductase activity specifically at the nitrate ester linkage of PETN.

Claim 3

An enzyme having the amino acid sequence shown in Figure 4 or a derivative thereof.

Claim 4

The gene (designated onr) which encodes the enzyme, or a derivative thereof.

Claim 5

A DNA molecule including the nucleotide sequence of the onr gene as shown in Figure 3or a derivative of that sequence.

Claim 6

An enzyme comprising substantially the transcribed product of the onr gene.

Claim 8

A recombinant DNA vector containing the onr gene or a derivative thereof.

Claim 9

host cell transformed with the onr gene or a derivative thereof.

Claim 12

PETN reductase enzyme which is recombinantly produced.

Claim 13

A method for the production of PETN reductase enzyme or a derivative thereof which comprises the steps of:
1) transforming host cells with the onr gene or a derivative thereof,
2) suitably culturing said transformed host cells; and
3) extracting the enzyme from the growth medium or from the host cells after disruption thereof.

Claim 25

A biosensor for the detection of PETN in a sample which comprises

  • means for contacting the sample with a PETN reductase enzyme in the presence of NADPH and
  • means for detecting the occurrence of a reaction, catalysed by the enzyme, of PETN when PETN is present in the sample.
Claim 26

A biosensor for the detection of GTN and/or EGDN in a sample which comprises

  • means for contacting the sample with a PETN reductase enzyme in the presence of NADPH and
  • means for detecting the occurrence of a reaction, catalyzed by the enzyme, of GTN and/or EGDN when either or both is present in the sample.
Claim 32

An Enterobacter cloacae bacterial strain referred to as”PB2″ and deposited as NCIMB 40718, and mutants and variants thereof capable of producing enzymic activity which degrades PETN in the presence of NADPH.

The claims are generally drawn towards:

  • the pentraerythritol tetranitrate (PETN) reductase enzyme (claims 1, 3, 12)
  • the onr gene (which codes for PETN reductase; claim 4)
  • a DNA molecule including the nucleotide sequence of the onr gene (claim 5)
  • an enzyme comprising substantially the transcribed product of the onr gene (claim 6)
  • a recombinant DNA vector containing the onr gene (claim 8)
  • a host cell transformed with the onr gene (claim 9)
  • a method for the production of PETN reductase enzyme (claim 13)
  • a biosensor for the detection of PETN in a sample (claim 25)
  • a biosensor for the detection of glycerol trinitrate (GTN) and/or ethylen glycol dinitrate (EGDN) in a sample (claim 26)
  • an E. cloacae strain deposited as NCIMB 40718, and mutants and variants thereof (claim 32)

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

Definitions extracted from the description are:

  • Figure 4 – amino acid sequence of a PETN reductase enzyme
  • Derivative (of the enzyme) – a version of the enzyme sequence of Figure 4 containing insertions, deletions and/or substitutions of the amino acid sequence such that the functionality of the enzyme is retained.
  • Figure 3 – nucleotide sequence of the onr gene
  • Derivative (of the gene) – homologues of the gene having a coding sequence which is at least 70% identical to the onr gene, involving any and all single or multiple nulceotide additions, deletions and/or substitutions thereto.
  • Substantially (in claim 6) – the extent of this term is not specified, therefore attention should be sought by the reader that this term is ambiguous and warrants consideration
  • Host cell – may be provided by either prokaryotic or eukaryotic organisms
The Secretary of State for Defence (GB), Defence Evaluation & Research Agency

DSTL has a technology transfer and management company called Ploughshare Innovations Ltd (a subsidiary of DSTL, URL: http://www.ploughshareinnovations.com/):

Contact

Dr. Taj S Mattu – Marketing Manager
Ph +44 (0) 1980 590062
Email tajmattu@ploughshareinnovations.com

Remarks
  1. Other national phase entries of WO 1997/03201 include Czech Republic (CZ 295656, reported as granted on INPADOC), Hungary (HU 224000, reported as granted on INPADOC), Israel (IL 122801), Norway (NO 980107), Poland (PL 188502, reported as granted on INPADOC)
  2. National phase entry of WO 1997/03201 in Australia (AU 6365296) has lapsed on 2 Apr 1998.

Search strategy

Search details
Date of search 19/04/2006
Database searched Patent Lens
Type of search Structured, stemming on
Collections searched AU-B, US-A, US-B, EP-B, WO
Search terms (Bruce in inventor) AND (pentaerythritol AND tetranitrate AND reductase)
Results 6
Comments Of the 6 results identified using these search terms, one result was identified as being of particular interest based on the full name of the inventor, abstract and a review of the claims.

Patent owned by Duke University

Technology overview

A group of cadmium-induced RNAs were isolated and corresponding cDNAs were sequenced from the nematode Caenorhabditis elegans by PhD student Vivian Hsiu-Chuan Liao and assistant professor Dr Jonathan Freedman from Nicholas School of the Environment, Duke University at the time of filing.  The related scientific publication is Liao VH, Freedman JH. (1998).  Cadmium-regulated Genes from the Nematode Caenorhabditis elegans.  J Biol Chem. 273(48):31962-70273.

Details of the patent document

Patent or Publication no.
Title, Independent Claims and Summary
Assignee and licensing information
US 6916915

  • Earliest priority – 20 Nov 1998
  • Filed – 10 Nov 1999
  • Granted – 12 Jul 2005
  • Expected expiry – 10 Nov 2019
Title – Stressor regulated genes

Claim 1

An isolated nucleic acid comprising the sequence of DDRT2 (SEQ ID NO:34).

Claim 2

An isolated nucleic acid comprising the sequence of DDRT7 (SEQ ID NO:50).

Claim 3

An isolated nucleic acid comprising the sequence of DDRT16 (SEQ ID NO:40).

Claim 4

An isolated nucleic acid comprising the sequence of DDRT26 (SEQ ID NO:14).

The claims are generally drawn towards the following four isolated nucleic acids comprising:

  1. DDRT2 – GenBank Accession no. AF071362 (claim 1)
  2. DDRT7 – GenBank Accession no. AF071398 (claim 2)
  3. DDRT16 – GenBank Accession no. AF071356 (claim 3)
  4. DDRT26 – GenBank Accession no. AF071379 (claim 4)

Comments:

The detailed description provides a section that introduces the invention to include in its scope transgenic organims (animals and plants) containing the genes above. The statement is extracted as follows:
‘C. elegans or other organisms, the genome of which has been engineered to include a cadmium-responsive gene. The gene can be modified to express a reporter protein (e.g., ß-galactosidase or green fluorescent protein) in place of the normal structural gene.’

Differential display reverse transcription (DDRT) – a polymerase chain reaction (PCR)-based method to identify genes that are differentially expressed in cells under altered conditions.

Duke University

DURHAM, NORTH CAROLINA 27708

Duke University Office of Science and Technology website has a list of staff that can be contacted for licensing:

http://www.duke.edu/web/ost/technology/index.html

Search strategy

Search details
Date of search 28 Apr 2006
Database searched Patent Lens
Type of search Simple
Collections searched AU-B, US-A, US-B, EP-B, WO
Search terms biomonitor and cadmium
Results 22
Comments Of the 22 results identified using these search terms, 3 results were identified as being of particular interest based on their abstracts and a review of their claims.

Patent applications filed and patents owned by Performance Plants Inc.

Technology overview

Performance Plants Inc. (homepage: http://www.performanceplants.com/home.html) was founded in 1995 by Dr David Dennis and Dr Daniel Lefebvre of Queens University at Ontario, Canada as a plant biotechnology R&D company.  Currently available technology include development of stress (heat and drought) -resistant plants, and plants with increased product yield.  They have been actively filing patent applications of their technology through the PCT route and USPTO.

The patent family described below discloses a nucleic acid coding for a promoter that is unducible upon conditions of phosphate deprivation/limitation.  Mohammed Ali Malboobi, a PhD candidate under supervision of Dr Lefebvre at the time the research was conducted, identified psr3.2 (phosphate starvation-response) from Arabidopsis thaliana by screening the A. thaliana genome library for genes that hybridize to psr3.1, which was previously isolated from Brassica nigra.  This gene was found to code for a protein that belongs to the ß-glycosidase family, and was highly expressed in roots under starvation of inorganic phosphate (Malboobi MA, Lefebvre DD. (1997).  A phosphate-starvation inducible beta-glucosidase gene (psr3.2) isolated from Arabidopsis thaliana is a member of a distinct subfamily of the BGA family.  Plant Mol Biol. 34(1):57-68.).  The promoter region of psr3.2 was determined and and patent applications for the nucleic acid sequence and methods to use the sequence were filed.

Details of patent documents

Patent or Publication no. Title, Independent Claims and Summary Assignee and Licensing Information
US 5922564

  • Earliest priority – 24 Feb 1997
  • Filed – 24 Feb 1997
  • Granted – 13 Jul 1999
  • Expected expiry – 24 Feb 2017
Title – Phosphate-deficiency inducible promoter

Claim 1
Isolated DNA of a photosynthetic organism which, when operably linked to a structural gene, induces transcription of the structural gene in a cell of a photosynthetic organism under conditions of phosphate deficiency but not under conditions of phosphate sufficiency.
Claim 24
A method of increasing a phosphate-deficiency response in a photosynthetic organism comprising:a) inserting isolated DNA comprising nucleotides 1 to 1699 of SEQ ID NO:1, or 50 to 200 or more consecutive nucleotides of the sequences comprising nucleotides 1 to 1699 of SEQ ID NO:1, linked to a structural gene into a cell, group of cells, tissue or organ of a photosynthetic organism;

b) maintaining the cell, group of cells, tissue or organ under conditions of phosphate deficiency so that the structural gene is expressed; wherein the phosphate-deficiency response is increased.

Claim 27
A method for expressing a gene product in a cell, a group of cells, a tissue or an organ of a plant, photosynthetic organism or plant tissue culture comprising:a) transforming the cell, group of cells, tissue or organ with a DNA construct comprising:

i) a phosphate-deficiency inducible promoter or 50 to 200 or more consecutive nucleotides of the sequence comprising nucleotides 1 to 1699 of SEQ ID NO:1;

ii) DNA encoding a structural gene operably linked to the promoter; and

iii) a 3′ untranslated region containing a polyadenylated region;

b) regenerating a plant, photosynthetic organism or plant tissue culture from the cell, group of cells, tissue or organ; and

c) placing the plant, photosynthetic organism or tissue culture under conditions of phosphate deficiency; wherein the promoter induces transcription of the structural gene so that the gene product is expressed.

Claim 31
A method of detecting transformation in a cell, a group of cells, a tissue, an organ or an organism comprising:a) incorporating a DNA comprising a phosphate-deficiency inducible promoter obtained from a photosynthetic plant operably linked to a structural gene encoding a product into a cell, a group of cells, a tissue, an organ or an organism; and

b) maintaining the cell, group of cells, tissue, organ or organism under phosphate deficient conditions appropriate for promoter activity so that the product is expressed; wherein expression of the product is indicative of a transformed cell, a transformed group of cells, a transformed tissue, a transformed organ or a transformed organism.

Claim 32
Isolated plant DNA which, when operably linked to a structural gene, induces transcription of the structural gene in a cell of a photosynthetic organism under conditions of phosphate deficiency but not under conditions of phosphate sufficiency.

The claims are generally drawn towards:

  • an isolated DNA of a photosynthetic organism that induces transcription of the structural gene in a cell of a photosynthetic organism under conditions of phosphate deficiency (claim 1)
  • a method of increasing a phosphate-deficiency response in a photosynthetic organism (claim 24)
  • a method for expressing a gene product in a cell, a group of cells, a tissue or an organ of a plant, photosynthetic organism or plant tissue culture (claim 27)
  • a method of detecting transformation in a cell, a group of cells, a tissue, an organ or an organism (claim 31)
  • an isolated plant DNA that induces transcription of the structural gene in a cell of a photosynthetic organism under conditions of phosphate deficiency (claim 32)

Definitions extracted from the description are:

  • isolated DNA (nucleic acid) – nucleic acids separated away from the nucleic acids of the genomic DNA or cellular RNA of their source of origin (e.g., as it exists in cells or in a mixture of nucleic acids such as a library), and may have undergone further processing.
  • photosynthetic organism – there is no definition for this term. A subsequent dependent claim recites a ‘plant’. The following organisms are ‘included’ according to the description: angiosperms (monocots and dicots), gymnosperms, spore-bearing or vegetatively-reproducing plants and the algae, including the cyanophyta (blue-green algae)… multicellular and unicellular algae’.
  • structural gene – a gene, regulatory or otherwise, which encodes a product, such as a peptide, polypeptide or protein.
  • phosphate deficiency – there is no definition for this term. Example 6 describes an experiment with transgenic A. thaliana seedlings that were ‘starved for inorganic phosphate for 14 days’.
  • starvation – a level of phosphate available to the plant which is not only limiting, but is below that required for normal maintenance and/or growth wherein, if phosphate is maintained at that level, the plant or photosynthetic organism would eventually die for lack of adequate phosphorus.
  • SEQ ID NO:1 – DNA sequence of 5′-flanking region of psr3.2 gene
  • psr3.2 – phosphate-starvation responsive β-glucosidase gene
  • transforming – by a method appropriate to the type of host cells (e.g., transformation, electroporation, transfection). For the purposes of this disclosure, the terms “transformed with”, “transformant”, “transformation”, “transfect with”, and “transfection” all refer to the introduction of a nucleic acid into a cell by one of the numerous methods known to persons skilled in the art.

Comments:

Granted US 5922564 has a continuation which has been granted as US 6175060 (see below).

Independent claim 32 (see above) encompasses a whole group of promoter/regulatory element sequences isolated from plants that are induced upon phosphate deficiency, which may be fairly broad in scope and warrants attention.

Performance Plants Inc.

BIOSCIENCE COMPLEX

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116 Barrie Street, Suite 4600
Kingston, ON K7L 3N6
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Email information@performanceplants.com

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US 6175060

  • Earliest priority – 24 Feb 1997
  • Filed – 26 Apr 1999
  • Granted – 16 Jan 2001
  • Patent expired – 16 Feb 2005
Title – Phosphate-deficiency inducible promoter

Claim 1
A plant comprising a plant cell comprising

  • a vector comprising
    • isolated DNA which, when operably linked to a structural gene, induces transcription of the structural gene in a cell derived from a photosynthetic organism under conditions of phosphate deficiency but not under conditions of phosphate sufficiency.
Claim 5
A plant regenerated from a plant cell or tissue culture expressing a gene product, the plant cell or tissue culture transformed by the method of:a) transforming the plant cell with a DNA construct comprising:
i) a phosphate-deficiency inducible promoter or a functional portion thereof, which induces transcription of a structural gene under phosphate-deficient conditions;
ii) DNA encoding a structural gene operably linked to the promoter; and
iii) a 3′ untranslated region containing a polyadenylated region;
b) regenerating a plant or tissue culture from the cell; and
c) placing the plant or tissue culture under conditions of phosphate deficiency; wherein the promoter induces transcription of the structural gene so that the gene product is expressed.
Claim 6
A method of transforming a plant cell, the method comprising:(a) introducing into a plant cell:
(i) a first isolated nucleic acid from a plant which, when operably linked to a structural gene, induces transcription of the structural gene in a cell of a photosynthetic organism under conditions of phosphate deficiency but not under conditions of phosphate sufficiency; and
(ii) a second isolated nucleic acid, operably linked for expression to the isolated nucleic acid of (i); and
(b) selecting a transformed plant cell wherein expression of the second isolated nucleic acid occurs under conditions of phosphate deficiency but not under conditions of phosphate sufficiency.
Claim 14
A process for producing a protein or polypeptide in a plant cell, the process comprising:(a) introducing into a plant cell:
(i) a first isolated nucleic acid from a plant which, when operably linked to a structural gene, induces transcription of the structural gene in a cell of a photosynthetic organism under conditions of phosphate deficiency but not under conditions of phosphate sufficiency; and
(ii) a second isolated nucleic acid, said second isolated nucleic acid encoding the protein or polypeptide, and said second isolated nucleic acid operably linked for expression to the isolated nucleic acid of (i);
(b) selecting a transformed plant cell wherein expression of the second isolated nucleic acid occurs under conditions of phosphate deficiency but not under conditions of phosphate sufficiency; and
(c) growing the transformed plant cell under conditions of phosphate deficiency, thereby inducing transcription of the structural gene, thereby producing the protein or polypeptide in a plant cell.
Claim 19
A process for producing a plant wholly or partially resistant to an external stress, the process comprising:(a) introducing into a plant cell:
(i) a first isolated nucleic acid from a plant which, when operably linked to a structural gene, induces transcription of the structural gene in a cell of a photosynthetic organism under conditions of phosphate deficiency but not under conditions of phosphate sufficiency; and
(ii) a second isolated nucleic acid, said second isolated nucleic acid encoding a protein or polypeptide that confers resistance to the external stress, or which in turn allows the production or increased production of a substance that confers resistance to the external stress; and said second isolated nucleic acid operably linked for expression to the isolated nucleic acid of (i);
(b) selecting a transformed plant cell wherein expression of the second isolated nucleic acid occurs under conditions of phosphate deficiency but not under conditions of phosphate sufficiency; and
(c) growing the transformed plant cell into a plant in which said first nucleic acid induces the expression of the second isolated nucleic acid under conditions of phosphate deficiency but not under conditions of phosphate sufficiency.
Claim 21
A method for detecting transformation in a plant cell, the method comprising:(a) introducing into a plant cell:
(i) a first isolated nucleic acid from a plant which, when operably linked to a structural gene, induces transcription of the structural gene in a cell of a photosynthetic organism under conditions of phosphate deficiency but not under conditions of phosphate sufficiency; and
(ii) a second isolated nucleic acid which comprises the β-glucuronidase (GUS) gene and which is operably linked for expression to the isolated nucleic acid of (i); and
(b) growing the transformed plant cell under conditions of phosphate deficiency, thereby inducing transcription of the second isolated nucleic acid; and
(c) selecting by color change, a transformed plant cell wherein expression of the second isolated nucleic acid occurs under conditions of phosphate deficiency but not under conditions of phosphate sufficiency.
Claim 25
A process for producing a substance from a plant cell or seed, wherein the amount of the substance in the plant cell or seed is increased due to the presence in the plant cell or seed of a protein or polypeptide, the process comprising:(a) introducing into a plant cell:
(i) a first isolated nucleic acid from a plant which, when operably linked to a second isolated nucleic acid, induces transcription of the second isolated nucleic acid in a cell of a photosynthetic organism under conditions of phosphate deficiency but not under conditions of phosphate sufficiency; and
(ii) a second isolated nucleic acid, said second isolated nucleic acid encoding a protein or polypeptide, and said second isolated nucleic acid operably linked for expression to the first isolated nucleic acid, and where the amount of substance in a plant cell or seed is increased due to the presence of the protein or polypeptide in the plant cell or seed;
(b) selecting a transformed plant cell wherein expression of the second isolated nucleic acid occurs under conditions of phosphate deficiency but not under conditions of phosphate sufficiency;
(c) growing the transformed plant cell or a plant regenerated therefrom under conditions of phosphate deficiency, thereby inducing transcription of the second isolated nucleic acid; and
(d) isolating the substance from the transformed plant cell or a seed produced by the plant of step (c); thereby producing the substance from the plant cell or seed.

The claims are generally drawn towards:

  • a plant comprising a plant cell comprising a vector comprising an isolated DNA that induces transcription of a structural gene under conditions of phosphate deficiency (claim 1)
  • (a method to create) a plant regenerated from a plant cell or tissue culture expressing a gene product (claim 5)
  • a method of transforming a plant cell (claim 6)
  • a process for producing a protein or polypeptide in a plant cell (claim 14)
  • a process for producing a plant wholly or partially resistant to an external stress (claim 19)
  • a method for detecting transformation in a plant cell (claim 21)
  • a process for producing a substance from a plant cell or seed (claim 25)

Definitions extracted from the description are provided in US 5922564.

Other definitions include:

  • functional portion – a truncated sequence of a promoter (of this invention) which maintains the capability of inducing transcription of a structural gene under the phosphate deficient conditions as described supra.

Comments:

Granted US 6175060 is a continuation of now granted US 5922564 (see above). This patent has expired due to non-payment of maintenance fees.

WO 1998/38295

  • Earliest priority – 24 Feb 1997
  • Filed – 24 Feb 1998
  • Published – 3 Sept 1998
  • Expected expiry – not applicable
Title – Phosphate-deficiency inducible promoter

Claim 1
Isolated  DNA   which,  when operably  linked to a structural gene, induces transcription of the structural gene in a cell derived from a photosynthetic organism under conditions of phosphate deficiency but not under conditions of phosphate sufficiency.
Claim 12
A plant cell containing isolated DNA comprising SEQ ID NO:1 or a functional portion thereof.
Claim 18
A method of increasing a phosphate-deficiency response in a photosynthetic organism comprising:a)   inserting isolated DNA comprising SEQ ID NO:l, or functional portion thereof, linked to a structural gene into a cell or a group of cells of a photosynthetic organism;
b)   maintaining the cell or group of cells under conditions of phosphate deficiency so that the structural gene is expressed; wherein the phosphate-deficiency response is increased.
Claim 21
A method for expressing a gene product in a cell of a plant, photosynthetic organism or tissue culture comprising:a)   transforming   the  cell  with  a  DNA   construct comprising:
i)   a phosphate-deficiency inducible promoter or a functional portion thereof;
ii) DNA encoding a structural gene operably linked to the promoter; and
iii) a 3′ untranslated region containing a polyadenylated region;
b)   regenerating a plant, photosynthetic organism or tissue culture from the cell; and
c)   placing the plant, photosynthetic organism or tissue culture under conditions of phosphate deficiency; wherein the promoter induces transcription of the structural gene so that the gene product is expressed.
Claim 25
A method of detecting transformation in a cell, a group of cells, a tissue or an organism comprising:a)   incorporating a DNA comprising a phosphate-deficiency inducible promoter operably linked to a structural gene encoding a product into a cell, a group of cells, a tissue or an organism; and
b)   maintaining   the   cell under phosphate deficient conditions appropriate for promoter activity so that the product is expressed; wherein expression of the product is indicative of a transformed cell.

The claims are generally drawn towards:

  • an isolated DNA that induces transcription of the structural gene in a cell of a photosynthetic organism under conditions of phosphate deficiency (claim 1)
  • a plant cell containing isolated DNA comprising SEQ ID NO:1 or a functional portion thereof (claim 12)
  • a method of increasing a phosphate-deficiency response in a photosynthetic organism (claim 18)
  • a method for expressing a gene product in a cell of a plant, photosynthetic organism or tissue culture (claim 21)
  • a method of detecting transformation in a cell (claim 25)

Definitions extracted from the description are provided in US 5922564 and US 6175060.

Comments:

Since this is a published application and not a granted patent, currently there are no enforceable rights.

Remarks
  1. National phase entry of WO 1998/38295 in Australia (AU 60849/98) has lapsed as reported on 18 Oct 2001.
  2. National phase entry of WO 1998/38295 in Canada (CA 2280939) has lapsed as reported on 24 Feb 2003.
  3. National phase entry of WO 1998/38295 in China (CN 1248289) has been deemed to be withdrawn on 22 Sept 2004.
  4. National phase entry of WO 1998/38295 in Europe (EP 973884) has been deemed to be withdrawn on 12 Mar 2003.
  5. National phase entry of WO 1998/38295 in Japan (JP 2001/512977) has been deemed to be withdrawn on 24 May 2006.

Search strategy

Search details
Date of search 20/07/2006
Database searched Patent Lens
Type of search Structured, stemming on
Collections searched AU-B, US-A, US-B, EP-B, WO
Search term ((phosph* in abstract) OR (phosph* in title)) AND ((promoter in abstract) OR (promoter in title)) AND (((limit* or deficien*) in abstract) OR ((limit* or deficien*) in title)
Results 2
Comments Of the 2 results identified using these search terms, one result was identified as being of particular interest based on their abstracts and a review of their claims.

Patent application filed by Purdue Research Foundation

Technology overview

A research team lead by Dr KG Raghothama at the Purdue Research Foundation identified two A. thaliana phosphate transporters by screening a cDNA library of A. thaliana that was starved of phosphate using yeast PHO84 (gene that codes for a high affinity phosphate transporter; Muchhal US, Pardo JM, Raghothama KG. (1996).  Phosphate transporters from the higher plant Arabidopsis thaliana.  Proc Natl Acad Sci U S A. 93(19):10519-23).  They then screened a tomato cDNA library using the two identified A. thaliana phosphate transporter genes as probes, and also found two genes that had phosphate transporter functions (Liu C, Muchhal US, Uthappa M, Kononowicz AK, Raghothama KG. (1998).  Tomato phosphate transporter genes are differentially regulated in plant tissues by phosphorus.  Plant Physiol. 116(1):91-9).  All four phosphate transporters were found to be induced in root tissue under conditions of phosphate deficiency.  Nucleic acid and amino acid sequences of the phosphate transporters, along with methods to use the transporters were filed as a PCT application, with Australia the only jurisdiction that was reported by INPADOC to reach national phase (which has lapsed, see below).

Details of the patent document

Patent or Publication no. Title, Independent Claims and Summary Assignee and Licensing Information
WO 1998/004701

  • Earliest priority – 29 Jul 1996
  • Filed – 29 Jul 1997
  • Published – 5 Feb 1998
  • Expected expiry – not applicable
Title – Methods and compositions for improving a plant’s ability to take in phosphate from soil

Claim 1
An isolated DNA segment comprising a nucleotide sequence having substantial identity to the sequence set forth in SEQ ID NO: ISEQ ID NO:2SEQ ID NO:3; or SEQ ID NO:4.
Claim 2
A DNA construct comprising

  • a promoter operably linked to a DNA segment which may be expressed in a host cell to produce a phosphate transporter protein:
  • wherein the promoter regulates expression of the nucleotide sequence in the host cell:
  • wherein the host cell expresses the nucleotide sequence; and
  • wherein the phosphate transporter protein has substantial identity to an amino acid sequence set forth in SEQ ID NO:5SEQ ID NO:6SEQ ID NO:7; or SEQ ID NO:8.
Claim 15
A cell having incorporated therein a foreign nucleotide sequence comprising

  • a promoter operably linked to a DNA sequence having substantial identity to SEQ ID NO: I; SEQ ID NO:2; SEQ ID NO:3; or SEQ ID NO:4.
Claim 18
plant having incorporated into its genome a foreign DNA construct comprising

  • a promoter operably linked to a DNA sequence having substantial identity to SEQ ID NO: 1; SEQ ID NO:2; SEQ ID NO:3; or SEQ ID NO:4.
Claim 19
A method for improving a plant’s ability to grow in phosphate-deficient soil, comprising:

  • incorporating into the plant’s genome an DNA construct comprising a promoter operably linked to a DNA sequence having substantial identity to SEQ ID NO:l; SEQ ID NO:2; SEQ ID NO:3; or SEQ ID NO:4 to provide a transformed plant;

wherein the transformed plant is capable of over-expressing phosphate transporter proteins.

Claim 20
A method for improving a plants ability to grow in phosphate-deficient soil, comprising:

  1. providing a vector comprising a promoter operably linked to a nucleotide sequence encoding a phosphate transporter protein; wherein the promoter regulates expression of the nucleotide sequence in a host plant cell; and
  2. transforming the target plant with the vector to provide a transformed plant, the transformed plant being capable of expressing the nucleotide sequence.

The claims are generally drawn towards:

  • an isolated DNA segment comprising a nucleotide sequence having substantial identity to SEQ ID NO: I; SEQ ID NO:2: SEQ ID NO:3: or SEQ ID NO:4 (claim 1)
  • a DNA construct comprising a promoter operably linked to a DNA segment to produce a phosphate transporter protein (claim 2)
  • a cell having incorporated a foreign nucleotide sequence comprising a promoter operably linked to a DNA sequence (claim 15)
  • a plant having incorporated into its genome a foreign DNA construct comprising a promoter operably linked to a DNA sequence (claim 18)
  • a method for improving a plant’s ability to grow in phosphate-deficient soil (claim 19)
  • a method for improving a plants ability to grow in phosphate-deficient soil (claim 20)

Definitions extracted from the specification are:

  • substantial identity (for amino acid sequences) – is intended to mean sufficiently similar to have suitable functionality when expressed in a plant transformed in accordance with the invention to achieve the advantageous result of the invention. In one preferred aspect of the present invention, variants having such potential modifications as those mentioned above, which have at least about 50% identity to an amino acid sequence set forth in SEQ ID NOS:5-8, are considered to have “substantial identity” thereto.
  • sunstantial identity (for nucleic acid sequences) – the nucleotide sequence has a sequence sufficiently similar to one of those explicitly set forth herein that it will hybridize therewith under moderately stringent conditions, this method of determining identity being well known in the art to which the invention pertains. Briefly, moderately stringent conditions are defined in Sambrook et al.. Molecular Cloning: a Laboratory Manual, 2ed. Vol. 1, pp. 101-104. Cold Spring Harbor Laboratory Press (1989) as including the use of a prewashing solution of 5 x SSC, 0.5% SDS, 1.0mM EDTA (pH 8.0) and hybridization and washing conditions of about 55 C, 5 x SSC.
  • SEQ ID NO: I – A. thaliana phosphate transporter 1 cDNA
  • SEQ ID NO:2 – A. thaliana phosphate transporter 2 cDNA
  • SEQ ID NO:3 – Lycopersicon esczdentum phosphate transporter 1 cDNA
  • SEQ ID NO:4 – L. esczdentum phosphate transporter 2 cDNA
  • SEQ ID NO:5 – A. thaliana phosphate transporter 1 protein
  • SEQ ID NO:6 – A. thaliana phosphate transporter 2 protein
  • SEQ ID NO:7 – L. esczdentum phosphate transporter 1 protein
  • SEQ ID NO:8 – L. esczdentum phosphate transporter 2 protein
  • operably linked – if the nature of the linkage between the two DNA sequences does not (1) result in the introduction of a frame-shift mutation, (2) interfere with the ability of the promoter region sequence to direct the transcription of the desired nucleotide sequence, or (3) interfere with the ability of the desired nucleotide sequence to be transcribed by the promoter region sequence.
  • host cell – according to the description there is no evidence for this term to be limited to a particular species.
  • plant – a wide variety… including gymnosperms, monocots and dicots.
  • transforming – may be achieved using one of a wide variety of techniques.

Comments:

Since this document is a published application and not a granted patent, there are no enforceable rights.

Purdue Research Foundation

Purdue Technology Center

3000 Kent Avenue
West Lafayette, IN 47906
Ph +1 (765) 494-8645
Fax +1 (765) 496-1146

Remarks National phase entry of WO 1998/04701 in Australia (AU 38218/97) has lapsed on 29 Apr 1999.

Search strategy

This patent document was identified as a document of particular relevance in the international search report for WO 1998/38295 filed by Performance Plants Inc…


Patent applications filed by Ceres Inc.

Technology overview

Ceres Inc. is a US biotechnology company focusing on the field of plant genomics. One of the founding scientists of Ceres Inc., Dr Richard Schneeberger, identified 17 DNA sequences from A. thaliana that has functions as nitrogen responsive promoters or promoter control elements that respond to change in environmental nitrogen concentration.

Details of patent documents

Patent or Publication no. Title, Independent Claims and Summary Assignee and licensing information
US 2006/107346

  • Earliest priority – 22 Sept 2004
  • Filed – 22 Sept 2005
  • Application pending
  • Expected expiry – not applicable
Title – Promoter, promoter control elements, and combinations, and uses thereof

Claim 1
An isolated nitrogen responsive promoter capable of modulating transcription comprising

  • a nucleic acid molecule having at least 85% sequence identity to any one of SEQ ID NOs: 1-17, or a complement thereof.
Claim 3
A vector construct comprising:

a) a nitrogen responsive promoter capable of modulating transcription comprising a first nucleic acid molecule having at least 80% sequence identity to any one of SEQ ID NOs: 1-17; and
b) a second nucleic acid molecule having to be transcribed,
wherein said first and second nucleic acid molecules are heterologous to each other and are operatively linkedtogether.

Claim 7
A method of modulating transcription by combining, in an environment suitable for transcription:

a) a nitrogen responsive promoter capable of modulating transcription comprising a first nucleic acid molecule having at least 80% sequence identity to a sequence according to any one of SEQ ID NOs: 1-17; and
b) a second molecule to be transcribed;
wherein the first and second nucleic acid molecules are heterologous to each other and operatively linked together.

The claims are generally drawn towards:

  • an isolated nitrogen responsive promoter (claim 1)
  • a vector construct comprising a nitrogen responsive promoter and a second nucleic acid molecule having to be transcribed (claim 3)
  • a method of modulating transcription by combining a nitrogen responsive promoter and a second nucleic acid molecule to be transcribed (claim 7)

Definitions extracted from the specification are:

  • modulate transcription – describes the biological activity of a promoter sequence or promoter control element. Such modulation includes, without limitation, includes up- and down-regulation of initiation of transcription, rate of transcription, and/or transcription levels.
  • % sequence identity – is determined by comparing two optimally aligned sequences over a comparison window, where the fragment of the polynucleotide or amino acid sequence in the comparison window may comprise additions or deletions (e.g., gaps or overhangs) as compared to the reference sequence (which does not comprise additions or deletions) for optimal alignment of the two sequences.
  • operably linked – is a linkage in which a promoter sequence or promoter control element is connected to a polynucleotide sequence (or sequences) in such a way as to place transcription of the polynucleotide sequence under the influence or control of the promoter or promoter control element.
  • heterologous (nucleic acid molecules) – those that are not operatively linked or are not contiguous to each other in nature.

Comments:

Since this is a published application and not a granted patent, there are no enforceable rights.

Ceres, Inc.

1535 Rancho Conejo Blvd.
Thousand Oaks, CA 91320

Ph +1 (805) 376-6500

info@ceresbiotechnology.com

WO 2006/036864

  • Earliest priority – 22 Sept 2004
  • Filed – 22 Sept 2005
  • Published – 6 Apr 2006
  • Expected expiry – not applicable
Title – Promoter, promoter control elements, and combinations, and uses thereof

Claim 1
An isolated nitrogen responsive promoter capable of modulating transcription comprising

  • a nucleic acid molecule having at least 85% sequence identity to any one of SEQ ID NOs: 1-17, or a complement thereof.
Claim 3
A vector construct comprising:

a) a nitrogen responsive promoter capable of modulating transcription comprising a first nucleic acid molecule having at least 80% sequence identity to any one of SEQ ID NOs: 1-17; and
b) a second nucleic acid molecule having to be transcribed, wherein said first and second nucleic acid molecules are heterologous to each other and are operatively linked together.

Claim 7
A method of modulating transcription by combining, in an environment suitable for transcription:

a) a nitrogen responsive promoter capable of modulating transcription comprising a first nucleic acid molecule having at least 80% sequence identity to a sequence according to any one of SEQ ID NOs: 1-17; and
b) a second molecule to be transcribed; wherein the first and second nucleic acid molecules are heterologous to each other and operatively linked together.

The claims are generally drawn towards:

  • an isolated nitrogen responsive promoter (claim 1)
  • a vector construct comprising a nitrogen responsive promoter and a second nucleic acid molecule having to be transcribed (claim 3)
  • a method of modulating transcription by combining a nitrogen responsive promoter and a second nucleic acid molecule to be transcribed (claim 7)

Definitions extracted from the specification are provided in US 2006/107346.

Comments:

Since this is a published application and not a granted patent, there are no enforceable rights.

Search strategy

Search details
Date of search 09/06/2006
Database searched Patent Lens
Type of search Expert, stemming off
Collections searched AU-B, US-A, US-B, EP-B, WO
Search term (((inducible near/10 stress) or (induced near/10 stress)) and ((promoter in title) or (promoter in abstract)) and plant and ((nitrogen in title) or (nitrogen in abstract)))
Results 6
Comments Of the 6 results identified using these search terms, one result was identified as being of particular interest based on the abstracts and review of the claims.