Patents on subdomains of the 35S promoter
|Patent number||Title, Summary of Claims and Independent Claims||Assignee|
||Title – Plant Promoters
The Rockefeller University
||Title – Selective gene expression in plants
Note: Patent information on this page was last updated on 15 March 2006.
Enforcement of rights
The 35S promoter is one of the most widely used promoters for driving the expression of genes in transgenic plants.
Entities outside the U.S. and Japan using the promoter even without a permit or license from the patent owners do not infringe the patents, because patents are jurisdiction-specific. However, laboratories in public and private institutes around the world using the promoter as claimed in these patents in their experiments and in products released into the market should bear in mind that unauthorized use or import into the U.S. or Japan could constitute infringement.
While the patent owners have not shown interest in prosecuting academic users of the promoter, they could choose to seek injunctions, damages and royalties for infringing uses, including use in any commercial product. For instance, Monsanto Company sued DNA Plant Technology Corporation in the U.S. for infringing the U.S patent 5352605 by using the CaMV promoter in making and commercializing hybrid tomatoes with delayed ripening. Before going out of business, DNA Plant Technology Corporation had to acknowledge the infringement of this patent and also other Monsanto patents, and entered into a confidential legal settlement agreement that provided Monsanto with compensation.