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Summary table of the related patents

The following table presents bibliographic information on the patents and patent applications,  and independent claims and summary of the claimed inventions. It should be noted that Novartis and Pioneer Hi-bred patents are now most likely controlled by Syngenta and DuPont, respectively. The contact information is:
Syngenta: Intellectual Property Department, Schwarzwaldallee 215, CH-4058 Basel; http://www.tmri.org/en/partnership/tech_introduction.aspx.
DuPont: www.dupont.com/corp/contactus.html.

Patent/application number Title, Independent claims and Summary of the claims

Assignee
US 5654414

  • Earliest priority – 19 May 1995
  • Filed – 19 May 1995
  • Granted – 5 August 1997
  • Expected expiry – 19 May 2015
 Title – Chemically inducible promoter of a cucumber chitinase/lysozyme gene

Claim 1
A nucleic acid promoter fragment isolated from the 5′ flanking region upstream of the coding region of a cucumber chitinase/lysozyme gene that is inducible by application of benzo-1,2,3-thiadiazoles.

This patent mainly claims for an isolated promoter region of a cucumber chitinase/lysozyme gene that is inducible by application of benzo 1,2,3,-thiadiazoles (BTH). Chitinases are pathogenesis-related enzymes induced in the SAR response.

Novartis Finance Corporation
US 5689044

  • Earliest priority – 19 May 1995
  • Filed – 24 May 1995
  • Granted – 18 November 1997
  • Expected expiry – 19 May 2015
 Title – Chemically inducible promoter of a plant PR-1 gene

Claim 1
A chemically inducible nucleic acid promoter fragment isolated from the 5′ flanking region upstream of the coding region of a tobaccoPR-1a gene, wherein said promoter fragment comprises a nucleotide fragment of at least 603-bp adjacent to the coding region of said tobacco PR-1a gene, wherein said promoter fragment is inducible by application of a benzo-1,2,3-thiadiazole, an isonicotinic acid compound, or a salicylic acid compound.
Claim 3
A chemically inducible nucleic acid promoter fragment isolated from the 5′ flanking region upstream of the coding region of anArabidopsis PR-1 gene, wherein the coding region of said Arabidopsis PR-1 gene comprises the DNA sequence set forth in SEQ ID NO:33 or a DNA sequence which would encode the protein encoded by SEQ ID NO:33, wherein said promoter fragment is inducible by application of a benzo-1,2,3-thiadiazole, an isonicotinic acid compound, or a salicylic acid compound.

The claiming elements are:

  • An isolated region of at least 603 bp that constitutes the tobacco PR-1a gene promoter. The promoter is inducible by application of salicylic acid, BTH and 2,6-dichloroisonicotinic acid (INA).
  • The isolated promoter region of an Arabidopsis PR-1 gene. This promoter is inducible by the same compounds as the tobacco PR-1a gene promoter.
US 5789214

  • Earliest priority – 19 May 1995
  • Filed – 31 May 1995
  • Granted – 4 August 1998
  • Expected expiry – 4 August 2015
 Title – Method of inducing gene transcription in a plant

Claim 1
A method of inducing gene transcription in a plant or plant tissue, comprising the steps of:(a) transforming said plant or plant tissue, each with a chimeric gene comprising:
(i) a chemically inducible nucleic acid promoter fragment of at least 603-bp isolated from the 5′ flanking region adjacent the coding region of a tobacco PR-1a gene, and
(ii) a coding sequence of interest operatively linked to said promoter fragment; and
(b) exposing said transgenic plant or plant tissue to a benzo-1,2,3-thiadiazole, an isonicotinic acid compound, or a salicyclic acid compound, whereby transcription of said coding sequence of interest is induced in said plant or plant tissue.
Claim 8
A method of inducing gene transcription in a plant or plant tissue, comprising the steps of:(a) transforming said plant or plant tissue, each with a chimeric gene comprising:
(i) a chemically inducible nucleic acid promoter fragment isolated from the 5′ flanking region adjacent the coding region of an Arabidopsis PR-1 gene, wherein said Arabidopsis PR-1 gene comprises a DNA sequence that specifically hybridizes to SEQ ID NO:33 or wherein said Arabidopsis PR-1 gene comprises a DNA sequence that encodes the protein encoded by SEQ ID NO:33, and
(ii) a coding sequence of interest operatively linked to said promoter fragment; and
(b) exposing said transgenic plant or plant tissue to a benzo-1,2,3-thiadiazole, an isonicotinic acid compound, or a salicylic acid compound, whereby transcription of said coding sequence of interest is induced in said plant or plant tissue.

The claims are mainly to:

  • Methods for inducing gene transcription in a plant or a plant tissue by transforming such plant with a chimeric gene comprising the tobacco PR-1a gene promoter or the Arabidopsis PR-1 gene promoter linked to a gene of interest and applying an inducer to the transformed plant. The inducers are selected from salicylic acid, BTH and isonicotinic acid (INA).
AU 708850 B2

  • Earliest priority – 23 July 1995
  • Filed – 18 July 1997
  • Granted – 12 August 1999
  • Expected expiry – 18 July 2017
 Title – Chemically-inducible Arabidopsis PR-1 promoter

Claim 1
An isolated DNA molecule comprising a nucleotide sequence selected from the following group:a) a full-length chemically inducible promoter fragment comprising nucleotides 1 through 4258 of SEQ ID NO:1;
b) an 81 5-bp long chemically inducible promoter fragment comprising nucleotides 3444 through 4258 of SEQ ID NO:1; and
c) a 698-bp long chemically inducible promoter fragment comprising nucleotides 3561 through 4258 of SEQ ID NO:1.
Claim 14
An isolated DNA molecule involved in inducibility of a chemically inducible promoter selected from the following group:a) LS4 comprising nucleotides 3584 through 3593 of SEQ ID NO:1;
b) L57 comprising nucleotides 3614 through 3623 of SEQ ID NO:1;
c) LS 10 comprising nucleotides 3644 through 3653 of SEQ ID NO:1; and
d) a region spanning LS7-LSIO and comprising nucleotides 3614 through 3653 of SEQ ID NO:1.

The claiming elements are:

  • Isolated full-length chemically-inducible Arabidopsis PR-1 promoter and isolated shorter portions of the promoter that are required for induction of gene expression by chemicals such as salicylic acid, BTH and 2,6-dichloroisonicotinic acid (INA).
  • Isolated motifs in the promoter that when mutated alters the inducible activity of the promoter
Remarks Related applications also filed in Canada (CA 2232741 AA) and Japan (JP 11513897 T2). The claims as filed of the Canadian application are the same as the claims of the Australian granted patent. The related European application EP 868 426 A1 was withdrawn on January 2, 2003.
US 6429362

  • Earliest priority – 26 February 1998
  • Filed – 25 February 1999
  • Granted – 6 August 2002
  • Expected expiry – 25 February 2019
 Title – Maize PR-1 gene promoters

Claim 1
An isolated promoter comprising a nucleotide sequence that initiates transcription in a plant cell, wherein said nucleotide sequence is selected from the group consisting of:
a) a nucleotide sequence comprising the sequence set forth in SEQ ID NO: 3 or 4; and
b) a nucleotide sequence comprising the plant promoter sequence deposited in the plasmid designated as ATCC Accession No. 207139 or 207131.
Claim 5
A method for driving expression of a heterologous nucleotide sequence in a plant, said method comprising the steps of:a) transforming a plant cell with an expression cassette comprising the heterologous nucleotide sequence operably linked to a promoter that initiates transcription in a plant cell, wherein said promoter is selected from the group consisting of:
i) a nucleotide sequence comprising the sequence set forth in SEQ ID NO: 3 or 4; and
ii) a nucleotide sequence comprising the plant promoter sequence deposited in the plasmid designated as ATCC Accession No. 207139 or 207131; and
b) regenerating a stably transformed plant from said plant cell.
Claim 9
A plant cell transformed with a DNA construct comprising a heterologous nucleotide sequence operably linked to a promoter that initiates transcription in said plant cell, wherein said promoter comprises a nucleotide sequence selected from the group consisting of:a) a nucleotide sequence comprising the sequence set forth in SEQ ID NO: 3 or 4; and
b) a nucleotide sequence comprising the plant promoter sequence deposited in the plasmid designated as ATCC Accession No. 207139 or 207131.
Claim 13
A plant stably transformed with a DNA construct comprising a heterologous nucleotide sequence operably linked to a promoter that initiates transcription in a plant cell, wherein said promoter comprises a nucleotide sequence selected from the group consisting of:a) a nucleotide sequence comprising the sequence set forth in SEQ ID NO: 3 or 4; and
b) a nucleotide sequence comprising the plant promoter sequence deposited in the plasmid designated as ATCC Accession No. 207139 or 207131.

The claims are generally drawn to:

  • Two isolated DNA sequences of inducible maize PR-1 gene promoters
  • A method to drive the expression of a heterologous gene in a plant by using the claimed maize PR-1 promoters
  • A plant cell transformed with a DNA construct comprising either of the two promoters, and
  • A plant stably transformed with such a construct

Pioneer Hi-Bred International Inc.
AU 754376 B2

  • Earliest priority – 26 February 1998
  • Filed – 11 February 1999
  • Granted – 14 November 2002
  • Expected expiry – 11 February 2019
 Title – Family of maize PR-1 genes and promoters

Claim 1
An isolated nucleic acid molecule having a nucleotide sequence for a promoter that is capable of initiating transcription in a plant cell, wherein said nucleotide sequence is selected from the group consisting of:
a) a nucleotide sequence comprising the sequence set forth in SEQ ID NO: 1,2,3,4, or 5;
b) a nucleotide sequence comprising at least 40 contiguous nucleotides of the sequence set forth in SEQ ID NO: 1,2,3,4, or 5; and
c) a nucleotide sequence that hybridizes under stringent conditions to a sequence of a) or b).
Claim 5
A method for inducing expression of a heterologous nucleotide sequence in a plant, said method comprising transforming a plant cell with a DNA construct comprising said heterologous nucleotide sequence operably linked to a promoter that is capable of initiating transcription in a plant cell in response to a stimulus, regenerating a stably transformed plant from said plant cell, and exposing said plant to said stimulus, wherein said promoter comprises a nucleotide sequence selected from the group consisting of:
a) a nucleotide sequence comprising the sequence set forth in SEQ ID NO:1,2,3, or 4;
b) a nucleotide sequence comprising at least 40 contiguous nucleotides of the sequence set forth in SEQ ID NO: 1,2,3, or 4; and
c) a nucleotide sequence that hybridizes under stringent conditions to a sequence of a) or b).
Claim 9
A method for constitutively expressing a heterologous nucleotide sequence in a plant, said method comprising transforming a plant cell with a DNA construct comprising said heterologous nucleotide sequence operably linked to a promoter that is capable of initiating constitutive transcription in a plant cell and regenerating a stably transformed plant from said plant cell, wherein said promoter comprises a nucleotide sequence selected from the group consisting of:
a) a nucleotide sequence comprising the sequence set forth in SEQ ID NO: 5;
b) a nucleotide sequence comprising at least 40 contiguous nucleotides of the sequence set forth in SEQ ID NO:5; and
c) a nucleotide sequence that hybridizes under stringent conditions to a sequence of a) or b).
Claim 13
A plant cell stably transformed with a DNA construct comprising a heterologous nucleotide sequence operably linked to a promoter that is capable of initiating transcription in said plant cell, wherein said promoter comprises a nucleotide sequence selected from the group consisting of:
a) a nucleotide sequence comprising the sequence set forth in SEQ ID NO: 1,2,3,4, or 5;
b) a nucleotide sequence comprising at least 40 contiguous nucleotides of the sequence set forth in SEQ ID NO: 1,2,3,4, or 5; and
c) a nucleotide sequence that hybridizes under stringent conditions to a sequence of a) or b).
Claim 17
A plant stably transformed with a DNA construct comprising a heterologous nucleotide sequence operably linked to a promoter that is capable of initiating transcription in a plant cell, wherein said promoter comprises a nucleotide sequence selected from the group consisting of:
a) a nucleotide sequence comprising the sequence set forth in SEQ ID NO: 1,2,3,4, or 5;
b) a nucleotide sequence comprising at least 40 contiguous nucleotides of the sequence set forth in SEQ ID NO: 1,2,3,4, or 5; and
c) a nucleotide sequence that hybridizes under stringent conditions to a sequence of a) or b).
Claim 22
An isolated nucleic acid molecule having a nucleotide sequence selected from the group consisting of:
a) a nucleotide sequence comprising the sequence set forth in SEQ ID NO: 6,8,10, or 14;
b) a nucleotide sequence encoding a polypeptide comprising the amino acid sequence set forth in SEQ ID NO: 7,9,11, or 15;
c) a nucleotide sequence that shares at least 85% sequence identity to the sequence set forth in SEQ ID NO:6, 8 or 14; and
d) a nucleotide sequence that shares at least 90% sequence identity to the sequence set forth in SEQ ID NO:10.
Claim 26
A method for creating or enhancing disease resistance in a plant, said method comprising transforming said plant with a DNA construct comprising a PR-1 sequence operably linked to a promoter that drives expression of a coding sequence in a plant cell and regenerating stably transformed plants, wherein said PR-1 sequence is selected from the group consisting of:
a) a nucleotide sequence comprising the sequence set fortha in SEQ ID NO: 6, 8, 10, or 14;
b) a nucleotide sequence encoding a polypeptide comprising the amino acid sequence set forth in SEQ ID NO: 7, 9, 11, or 15;
c) a nucleotide sequence comprising at lease 16 contiguous nucleotides of a sequence of a) or b); and
d) a nucleotide sequence that hybridizes under stringent conditions to a sequence of a), b), or c).
Claim 33
A plant cell stably transformed with a DNA construct comprising a PR-1 sequence operably linked to a promoter that drives expression of a coding sequence plant cell, wherein said PR-1 sequence is selected from the group consisting of:
a) a nucleotide sequence comprising the sequence set forth in SEQ ID NO: 6, 8, 10 or 14;
b) a nucleotide sequence encoding a polypeptide comprising the amino acid sequence set forth in SEQ ID NO:7, 9, 11 or 15;
c) a nucleotide sequence comprising at least 16 contiguous nucleotides of a sequence of a) or b); and
d) a nucleotide sequence that hybridizes under stringent conditions to a sequence of a, b) or c).
Claim 34
A plant stably transformed with a DNA construct comprising a PR-1 sequence operably linked to a promoter that drives expression of a coding sequence in a plant cell, wherein said PR-1 sequence is selected from the group consisting of:
a) a nucleotide sequence comprising the sequence set forth in SEQ ID NO: 6, 8, 10, or 14;
b) a nucleotide sequence encoding a polypeptide comprising the amino acid sequence set forth in SEQ ID NO: 7, 9, 11 or 15;
c) a nucleotide sequence comprising at least 16 contiguous nucleotides of a sequence of a) or b); and
d) a nucleotide sequence that hybridizes under stringent conditions to a sequence of a), b) or c).

The claims include:

  • DNA sequences that hybridize under stringent conditions to the promoter sequences;
  • a DNA sequence of a constitutive maize PR-1 gene promoter;
  • methods for inducing the expression of a gene of interest or constitutively expressing the gene of interest according to the promoter used;
  • the nucleotide sequences of the maize PR-1 genes;
  • methods for enhancing disease resistance in a plant by using the claimed PR-1 sequences; and
  • plant cells and stably transformed plants with such PR-1 genes.
Remarks Related application in Europe (EP 1056862) has been withdrawn and the application in Canada (CA 2315549 AA) is also dead.

Note: Patent information on this page was last updated on 2 May 2006.

Search terms for Novartis: “transcription” in abstract and “Novartis” in applicant.

Search terms for Pioneer Hi-Bred: “promoters” in abstract and “Pioneer Hi-Bred” in applicant. Patent database: PatentLens in combination with INPADOC.