Pending revocations of 35S patents
Challenges to patents on 35S promoter and duplicated CaMV 35S enhancer sequences
In September 2006, PUBPAT filed formal requests with the United States Patent and Trademark Office to revoke four patents owned by Monsanto Company. PUBPAT has issued a press release giving the opinion that these patents were a subject for action in the public interest because Monsanto is using these patents to intimidate and sue farmers.
The patents are U.S. Patents 5352605, 5164316, 5196525, and 5322938, all of which assert claims to the CaMV 35S promoter, double 35S enhancer, and/or constructs containing them. Like some other Monsanto technologies, the 35S promoter and double 35S enhancer have been used in a great deal of agricultural research worldwide, and as a result Monsanto’s intellectual property does constrain the delivery of products.
In its filings, PUBPAT submitted putative prior art supporting an assertion that the patents should not have been granted, and therefore should be revoked. The USPTO will do a re-examination of the patents in view of the submission, and if it is found that the patents are invalid over the prior art, may require revision or revocation of specified claims. The independent claims are listed below for easy reference.
Patent Number | Title, Independent Claims and Summary of Claims | Assignee | |||||||||
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US 5352605
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Title – Chimeric genes for transforming plant cells using viral promoters
Claim elements:
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Monsanto |
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US 5164316
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Title – DNA construct for enhancing the efficiency of transcription
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Listed in the patent documents as the University of British Columbia, but assigned to Monsanto in 1993 |
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US 5196525
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Title – DNA construct for enhancing the efficiency of transcription
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US 5322938
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Title – DNA sequence for enhancing the efficiency of transcription
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Remarks |
Corresponding applications also be pending and there may be issued claims in Brazil and Japan. |
Note: Patent information on this page was last updated on 30 September 2006.