Other plant actin promoters

Rice actin promoters have been shown to be strong in directing gene expression in graminaceous monocotyledonous plants. However, their function in certain non-graminaceous monocots are variable suggesting that the activity of actin promoters may be limited to closely related species. Therefore, Researches were also carried out to identify actin promoters from other plant species. So far,  patents have been issued and patent applications have been filed on actin promoters from the plant species including banana, melon, maize  andArabidopsis.

Queensland University of Technology filed patent applications in the United States and Australia on  an actin promoter from banana and its use.

Exelixis Plant Sciences, Inc.  obtained patents in United States and Australia on a  melon actin promoter.

Monsanto owns two United States patents and one Australian patent claiming Arabidopsis actin promoters and their use as part of the invention. In addition, Monsanto also filed patent applications on actin regulatory elements from rice and maize in the United States and Europe.

Exelixis Plant Sciences, Inc. patent family

Patent/Application No Title, Independent Claims and Summary of Claims Assignee
US 6642438

  • Earliest priority – 19 Mar 1999
  • Filed – 17 Mar 2000
  • Granted – 04 Nov 2003
  • Expected expiry – 17 Mar 2020
Title – Melon promoters for expression of transgenes in plants

Claim 1
An isolated nucleic acid molecule comprising a promoter, wherein the promoter comprises the nucleic acid sequence presented as SEQ ID NO:4.
Claim 2
An isolated nucleic acid molecule comprising a promoter, wherein the promoter consists of a portion of the nucleic acid sequence presented as SEQ ID NO:4 that, when operably linked to a protein-encoding polynucleotide sequence, directs expression of the protein in a plant cell.

The claims are directed to a promoter isolated from melon (Cucumis melo) and its use including:

  • An isolated nucleic acid molecule comprising a promoter
  • A method for producing a transgenic plant with constitutive expression of protein encoding polynucleotide sequence under the control of the promoter (Claim 7).

Exelixis Plant Sciences, Inc.

AU 782602 B2

  • Earliest priority – 19 Mar 1999
  • Filed – 17 Mar 2000
  • Granted – 04 Nov 2003
  • Expected expiry – 17 Mar 2020
Title – Banana and melon promoters for expression of transgenes in plants

The independent claims of this Australian patent are the same as that in US 6642438.

Remarks

Patent applications were also filed in Europe (EP 1165755 A1), Canada (CA 2365259) and Japan (JP 2002539779 T2).

Note: Patent information was last updated on 9 November 2006. Search terms: “plant actin promoter” in abstract. Patent database: PatentLens in combination with INPADOC.

Monsanto patent family on Arabidopsis actin promoters

Patent/Application No

Title, Independent Claims and Summary of Claims

Assignee
US 6462258

  • Earliest priority – 16 Dec 1999
  • Filed – 15 Dec 2000
  • Granted – 15 Dec 2000
  • Expected expiry – 2 Mar 2021 (adjusted)
Title – Plant expression constructs

Claim 1

A DNA construct comprising: a first expression cassette, a second expression cassette, and a third expression cassette, wherein said first expression cassette in operable linkage comprises

(i) a Figwort mosaic virus 35S promoter;

(ii) a heterologous 5′ untranslated leader;

(iii) a chloroplast transit peptide DNA sequence;

(iv) a DNA sequence encoding a glyphosate tolerant EPSPS; and

(v) a transcriptional terminator; and

said second expression cassette comprising in operable linkage

(a) an Arabidopsis Elongation factor 1α promoter with homologous EF1α intron;

(b) a chloroplast transit peptide DNA sequence;

(d) a DNA sequence encoding a glyphosate tolerant EPSPS; and

(e) a transcriptional terminator; and

said third expression cassette comprising in operable linkage

(I) an Arabidopsis Act2 promoter with homologous Act2 intron;

(II) a chloroplast transit peptide DNA sequence;

(III) a DNA sequence encoding a glyphosate tolerant EPSPS; and

(IV) a transcriptional terminator.

MONSANTO TECHNOLOGY LLC

US 6919495

  • Earliest priority – 16 Dec 1999
  • Filed – 01 May 2003
  • Granted – 19 Jul 2005
  • Expected expiry – 14 Jun 2023 (adjusted)
Title – Chimeric cauliflower mosaic virus 35S-arabidopsis actin 8 promoters and methods of using them

Claim 1

A DNA construct comprising a chimeric promoter DNA sequence comprising SEQ ID NO:29; a structural DNA sequence; and a 3′ non-translated region that functions in plants to cause the addition of polyadenylated nucleotides to the 3′ end of the RNA sequence; wherein the structural DNA sequence is operably linked to the chimeric promoter and the 3′ non-translated region, and the chimeric promoter DNA sequence is heterologous with respect to the structural DNA sequence.

Claim 7

A DNA construct comprising a chimeric promoter DNA sequence comprising SEQ ID NO:29; an aroA:CP4 structural DNA sequence; and a 3′ non-translated region that functions in plants to cause the addition of polyadenylated nucleotides to the 3′ end of the RNA sequence; wherein the structural DNA sequence is operably linked to the chimeric promoter and the 3′ non-translated region, and the chimeric promoter DNA sequence is heterologous with respect to the structural DNA sequence.

Claim 8

A method of expressing a structural DNA sequence in a plant, the method comprising:

(1) providing a DNA construct comprising a promoter that is functional in a plant cell, the promoter comprising SEQ ID NO:29; a structural DNA sequence; and a 3′ non-translated region that functions to cause the addition of polyadenylated nucleotides to the 3′ end of the RNA sequence; wherein the structural DNA sequence is operably linked to the promoter and the 3′ non-translated region, and the promoter is heterologous with respect to the structural DNA sequence;

(2) introducing the DNA construct into a plant cell;

(3) regenerating the plant cell to produce the plant and

(4) screening seedlings to identify plants that express the structural DNA sequence.

AU 782697 B2

  • Earliest priority – 16 Dec 1999 (US)
  • Filed – 12 Dec 2000
  • Granted – 18 Aug 2005
  • Expected expiry – 12 Dec 2020
Title – DNA constructs for expression of heterologous polypeptides in plants

Claim 1

A hybrid promoter DNA sequence comprising at least one cis element from a  caulimovirus promoter operably linked to at least one cis element from an Arabidopsis promoter selected from an Act2 promoter, Act8 promoter or EF1α promoter.

Remarks

Related patent applications were also filed in Europe (EP 1632576 A2), Canada (CA 2394984), China (CN 1434868), Japan (JP 2003516753), Brazil (BR 200016460) and Indonesia (ID 28665).

Note: Patent information was last updated on 9 November 2006. Search terms: “actin” in title. Patent database: PatentLens in combination with INPADOC.

Monsanto patent family on on actin regulatory elements from rice and maize

Patent/Application No

Title, Independent Claims and Summary of Claims

Assignee
US 2006/162010 A1

  • Earliest priority – 25 Sep 2003
  • Filed – 24 Sep 2004
  • Granted – pending
  • Expected expiry – N/A
Title – Actin regulatory elements for use in plants

Claim 1
An isolated polynucleotide molecule having gene regulatory activity and comprising a polynucleotide sequence selected from the group consisting of SEQ ID NO: 1-7.
Claim 4
A DNA construct comprising an isolated polynucleotide molecule having gene regulatory activity and comprising a polynucleotide sequence selected from the group consisting of SEQ ID NO: 1-7, wherein said isolated polynucleotide molecule is operably linked to a transcribable polynucleotide molecule.
Claim 15
A method of inhibiting weed growth in a field of transgenic glyphosate tolerant crop plants comprising: i) planting the transgenic plants transformed with an expression cassette comprising (a) an isolated polynucleotide molecule having gene regulatory activity and comprising a polynucleotide sequence selected from the group consisting of SEQ ID NO: 1-7 and operably linked to a DNA molecule encoding a glyphosate tolerance gene and ii) applying glyphosate to the field at an application rate that inhibits the growth of weeds, wherein the growth and yield of the transgenic crop plant is not substantially affected by the glyphosate application.
MONSANTO TECHNOLOGY LLC

Remarks

Related European patent application (EP 1664311 A2) was also filed. Its PCT application is WO 2005/030968.

Note: Patent information was last updated on 9 November 2006. Search terms: “plant actin promoter” in abstract. Patent database: PatentLens in combination with INPADOC.