Agrobacterium-mediated transformation - Overview

Many methods and techniques can be used to transfer genes into cells. In agricultural plant biotechnology, the most widely utilized technique is Agrobacterium-mediated transfer, which is heavily patented.  Use of patented technologies can restrict the deliverability of products. 

agrobacterium1
1. Introduction

scientific
2. Scientific aspects

agrobacterium3
3. Types of tissues to be transformed

code
4. Binary vectors

code2
5. Co-integrated vectors

agrobacterium
6. Mobilisable vectors

scientific3
7. Improvements on transformation efficiency

monocot
8. Monocot transformation

dicot
9. Dicot transformation

conifers
10. Conifer transformation

algae
11. Marine algae transformation

fungus2
12.  Fungus transformation

About this technology landscape

Introduction: Why an IP and Technology landscape on Agrobacterium-mediated transformation?

In our experience, the intellectual property landscape in biotechnology areas is often not very well understood by the research community, especially the public sector. All too often rumours and misstatements about patents are passed along from researcher to researcher. This is an unfortunate situation, however understandable. But with the increasing importance and emphasis on patents, it is becoming necessary for scientists to be versed in the field of intellectual property.

With this paper and others now present on or planned for the Patent Lens, we strive to provide a readable and understandable overview of patents in some key areas of biotechnology. In this way, we hope to contribute to the public awareness of intellectual property issues that surround these key biotechnological tools. The information in the white papers is not exhaustive, but consists of selected documents found to broadly encompass the area. To satisfy the myriad questions and issues raised by the research or the interests of each person who visits this site would require a host of attorneys and an enormous amount of time. Instead, this paper is provided in order to open the door into the patent world and furnish platform knowledge from which additional self-directed investigation can be performed.

This first technology landscape is focused on the intellectual property concerning methods and materials used for Agrobacterium-mediated transformation of plants. This transformation method is currently one of the most widely used means of making transgenic plants. Although much of the basic research and findings that led to Agrobacterium-mediated transformation was done in public institutions, the private sector now holds many of the key patent positions. The patents were obtained by the private sector either from internal research and development or from public institutions in the form of a license or occasionally as the assignee. Thus, the science and the patent positions are of high interest to both public and commercial sectors.

agrotrans-title_full

Technology landscapes, by their very nature, become outdated.  While this landscape contains much useful information about the broad state of the art at the time broad patents were issued (which is critically important to evaluate the ongoing constraints to use of Agrobacterium technology), some patents have lapsed and others have come into force.  The version you see here starts with a list of the updates to this landscape done in 2003, and pages updated since 2003 show the dates of new searches.  But as sections of this landscape would need constant updating, an impossibility with CAMBIA's small team, we welcome updates and inputs by others through the comments interface available on every page of this version of the technology landscape. 

For a way around the Agrobacterium patent morasse, see CAMBIA's Transbacter project.

What is the present white paper about?

This white paper on Agrobacterium -mediated transformation of plants explains the basic scientific aspects of transformation as well as the key intellectual property aspects of methods and materials used in transformation.

This paper has been expanded to encompass transformation of organisms outside the plant realm. Patents directed to the transformation of fungi and algae are part of the new additions as well as patents related to improvements on plant transformation efficiency. The latest version of the paper is organized into the following 12 sections:

Introduction
The introduction first explains what the CAMBIA intellectual property resource intends to accomplish in this white paper and then provides brief summaries of each of the seven main sections of the paper. Importantly, the introduction informs you of some of the topics and subject matter areas you will not find analyzed within but that may still be important for obtaining freedom to practice some of the inventions described in this paper.

Because many web sites, workshops, and pamphlets that describe basic intellectual property principles (e.g., what is a patent; the requirements and standards for obtaining a patent) are widely available, we do not duplicate those efforts here. We do present, however, as a companion tutorial, guidelines on "How to read a patent". In addition, some key facts about patents that are often overlooked or forgotten by newcomers to patent literature are emphasized in the introduction. It is our belief that familiarity with these concepts will assist you in navigating the sometimes murky waters of patents.

Scientific aspects
This section provides some historical perspective and basic scientific information regarding Agrobacterium-mediated transformation of plant cells. The structure and use of two basic types of vectors, co-integrated vectors and binary vectors, are discussed.

The patent information in the following sections comprises an overview, a summary page presenting the key issues raised by the patents and patent applications (illustrated by comparing them and pointing out the most limiting aspects of the claimed inventions), and provides detailed information on each patent and patent application including bibliographic data, a summary of the claimed invention and independent claims. 

Types of tissues to be transformed
Agrobacterium infects some tissues more efficiently than others. Reflecting this variability, specific protocols have been developed for different tissue types. Some of these methods have been patented, and it is these patents that are discussed in this section. The patents are generally directed to transformation of callus, immature embryo, pollen, shoot apex and live plants.

Binary vectors
Binary vectors are the major vector system used in Agrobacterium-mediated gene transfer. The binary vector system comprises two independent and complementing vectors: one vector having a T-region and the gene of interest and the other vector having a vir region. Two sets of patents and applications are presented and analyzed. The first set is directed to basic vector designs and methods of constructing them. The second set is directed to special applications using these vectors or improvements on the basic vector design.

Co-integrated vectors
Although historically the first vector system to be developed, co-integrated vectors are less widely used. In this system, a recombined vector is constructed from a Ti plasmid and a small plasmid containing a gene of interest between two T-DNA borders. The patents and applications in this section are directed to the basic forms of the vectors, including the primary elements of the plasmids, and to basic methods for assembling the recombined, co-integrated vector. Additionally, a set of patents and applications is discussed that claim improved vector design and methods for their use.

Mobilisable vectors
This new system of vectors appears to be an alternate system to the binary and co-integrated vectors systems. The plasmids used in this system are derived from plasmids belonging to the family Enterobacteriaceae (e.g., E. coli). They are non-conjugative plasmids, thus, they are not able to transfer by themselves into a cell host as derived Agrobacterium Ti-plasmids are able to do. Mobilisable plasmids require the presence of a helper plasmid that supplies the transfer genes required for the transformation of the host cell. In addition, a gene of interest is not surrounded by T-DNA borders in a mobilisable plasmid. Although there is currently (September 2001) only a European application related to this vector system, we present it here as an alternative to the crowded patent landscape of the traditional vector systems.

Improvements on transformation efficiency
There are multiple protocols for Agrobacterium-mediated transformation that vary according to the tissue to be transformed, the plant and the purpose of transformation, among other reasons. Improvements of transformation efficiency can be gained by using compounds to control the growth of Agrobacterium and the undesired effects of tissue browning, as well as by using physical procedures to facilitate the inoculation of the bacterium into the host plant. The patents in this section are directed to methods for improving transformation efficiency and include methods of controlling Agrobacterium growth, inhibiting necrosis of the transformed plant tissue, reducing the weight of the explant to be transformed and applying physical treatments, such us sonication of the plant tissue and vacuum infiltration, to promote the intimate contact between the bacterium and the host plant cell.

Monocot transformation
The world of flowering plants with protected seeds (Angiosperms) is sometimes neatly divided into monocotyledonous (monocot) and dicotyledonous plants. Most of the important staple crops of the world, that is, cereals, are monocots. Initially it was difficult to transform monocots using Agrobacterium, but eventually this constraint was overcome. Several key patents were awarded to the entities able to accomplish this feat. The patents discussed in this section include those broad patents directed to transformation of any monocot as well as patents directed to transformation of any cereal plant (e.g., wheat, barley, rice, maize) and to transformation of a particular individual monocot plant (e.g., banana, pineapple, rice, sorghum).

Dicot transformation
The second major classification of flowering plants with protected seeds (Angiosperms) is dicotyledonous plants (dicots). Early on, dicots were readily transformed by Agrobacterium and so in general, there are fewer patents in this area. Following a presentation of the patents directed to general transformation methods, which generally are limited to the use of co-integrated vectors or binary vectors, patents and applications directed to particular dicot species are presented. Some of these particular dicots are beans, cacao, cotton, peas, roses, soybean, and tomato.

Conifer transformation
Non-flowering plants with naked seeds that appear in a cone are called Gymnosperms. Conifers are the largest group of plants within the Gymnosperms. Conifers such as Pines are very important as a source of timber for construction and for paper pulp. Several chemical compounds extracted from pines are used in the pharmaceutical, cosmetic and food industries. For many years, Agrobacterium-mediated transformation of conifers was deemed impossible but the barriers for their transformation have been overcome. Patents on this area describe several methods to attain transformation of pines.

Marine algae transformation
Algae are organisms found in virtually every ecosystem, in ecosystems as diverse as marine, freshwater and terrestrial habitats. Algae are commercially very valuable. For example, marine algae or seaweeds are used in many maritime countries as a source of food, for industrial applications and as a fertilizer. Marine algae's products such as gums are very important in the international market. Although Agrobacterium-mediated transformation of eukaryotic organisms was initially confined to plants for a while, nowadays, algae can also be transformed via this bacterium. Because transgenic marine algae with a large biomass are a potential source for valuable pharmaceutical and industrial products, patent activity in this area will possibly increase. Currently, there is a patent application directed to methods for transforming multicellular marine algae.

Fungus transformation
Fungi constitute a separate life kingdom from animals and plants. Most fungi are filamentous organisms that contain two nuclei per cell for most of their life cycle. Fungi are essential organisms required for the continuous cycle of nutrients through ecosystems. While they provide essential nutrients to vascular plants through symbiosis, not all of their activity is beneficial. In this regard, many fungi are the cause of plant, animal and human diseases. The selected patents on Agrobacterium-mediated transformation of fungi are mainly directed to the transformation of filamentous fungi, commonly known as moulds. Transformation of yeasts, another group of fungi, is outside the scope of this paper.

What is the present white paper NOT about?

This white paper is not intended to make the reader an expert in patents nor will it serve as a legal opinion for the reader's particular issues.  It should not be substituted for legal advice. More information

To learn more about patents and patentability, please visit our companion tutorial, "How to read a patent" and web sites such as the web site of the United States Patent Office and the web site of the World Intellectual Property Organization. Other resource sites may be found on the Links page.

The user should especially note that the materials provided in this site are not comprehensive. In particular, we do not analyze patents directed to methods of using or transforming eukaryotic cells or components of eukaryotic or bacterial vectors that are also used in agricultural R&D. Some of these patents may dominate the agricultural patents discussed on this site. As well, we present only a selected set of patents and applications. The set represents what we consider to be key in the field. It is inevitable that others would have a different opinion about what is key and, as a result, may well have chosen a different set of patents.

This white paper presents an overview of the field of Agrobacterium- mediated transformation with respect to intellectual property. The reader should gain an appreciation for the complexities of the field and insight into the types of intellectual property directed to this field.

What you NEED to know about patents

Claims define what is patented

The claims are the most important part of a patent. Not the title, not the text, not the examples, and not the figures.

It is the claims that define the boundaries of the patent owner's rights. Remember that the patent owner's rights are exclusionary: she may exclude others from making, using, selling, offering to sell, and importing the patented invention (e.g., a product or a process) and importing a product made by a process patented in the importing country. To determine if someone is infringing a patent, that is making, using, etc., without the patent owner's permission, the allegedly infringing product or process is compared only to the claims.

Don't fall into the trap of concluding that the title or the abstract or the general description found in the text of the patent indicates what is patented. For example, United States Patent No. 6074877 is titled "Process for transforming monocotyledonous plants". From the title, it sounds like these patent owners have protected a transformation process(es) for transforming all monocot plants. Examination of the claims shows, however, that only transformation of cereal plants is protected, and furthermore, that the method involves wounding an embryogenic callus or treating an embryogenic callus with an enzyme that degrades cell walls prior to transferring DNA into the cells with Agrobacterium. A bit different from what the title implied.

Yet, claims cannot to be interpreted in a vacuum. Although claims define the invention, the scope of the claimed invention is not always clear from reading the plain language of the claim. Claim interpretation can be difficult; a proper analysis is done by reading the claims in the context of the specification and in the context of the "prosecution history" (the back and forth negotiations between the patent applicant and the patent office regarding the claim language). In the case above, for example, several terms in the claims (e.g., "cereal plants", " embryogenic callus", and "enzyme that degrades cell walls") are unclear without additional insight hopefully provided by the specification and prosecution history.

Claims in this white paper and the claims written in "plain English" were analyzed from the plain language and the specification. The prosecution history was not examined. Thus, scope of the claimed inventions may not have always been precisely determined.

A patent application is not the same as a patent

A patent application is NOT the same as a patent. Claims in a published patent application have not been examined by a national patent office and may not be representative of a scope that will ultimately be granted.

During the application process, patent specifications are published 18 months after the earliest filing. The publications contain the claims as filed. Sometimes the claims are written much more broadly than is actually patentable. As the application is examined by a patent office and claim language negotiated, the claims may shrink in scope. In contrast, the specification of a granted patent will usually be the same as when filed; new matter is not allowed to be added to the text after it is filed.

Because the claims in an application are what the applicant hopes for and not what she will necessarily receive, it is important to know whether you are looking at a granted patent or a patent application.

How do you tell the difference between a granted patent and a patent application? Although every country uses its own system of identifying granted patents, some general guidelines will assist you for the major jurisdictions.

The truth about international patents

There is no such thing as an international patent.

A patent is awarded by the government of a country and is valid only within its territorial boundaries. To obtain a patent that is valid in a particular country, a request must be made in that country's patent office.

The confusion and misunderstanding about "international patents" arises sometimes from the PCT process of pursuing patents. When looking at a PCT application, many people erroneously, but understandably, conclude that it is an application for a patent that will be valid in multiple countries. Indeed on the front page of a PCT application (presented below), in the upper right corner there is a heading titled "Designated states" followed by a list of two letter codes. Each of those codes stands for a country (e.g., AU, Australia; CA, Canada; CN, China, and so on). There can be as many as about 110 countries listed. However, this list does not mean that the application is a patent, or even will become a patent, in all of these countries.

The international (PCT) application is a "placeholder" application for national filings.

OK then, what does this list mean? Through an international treaty (Paris Convention Treaty), a group of countries agreed to not discriminate against each other by affording patent applicants in these countries a one-year period in which to file an application in one of the other countries without losing the benefit of their filing date. The advantage is that any "art" that became known after the original filing date in the home country but before the filing date in another country could not be cited against the application. Thus, for example, if you originally file an application for your invention in Canada, you could wait up to one year before filing the application in Mexico. This would give you time to see if the costs of filing in other countries is justified.

Later, a second treaty (Patent Cooperation Treaty (PCT)) established another route to delay the additional filings in other countries. In this method, an international office was set up (World Intellectual Property Office (WIPO)) to receive and process the applications. But now, the applicant has one year to file at the WIPO office and by designating member countries she preserves her rights and original filing date in those designated countries without having to go to the expense of actually filing in each country. This saves an enormous amount of money! Eventually to obtain a patent in these countries, the application does need to be filed in the national patent offices (the process is called "conversion"), pay fees, have translations done and comply with the regulations of each individual office. Depending on some procedural issues and fee payments, the applicant has either 20 months or 30 months from the original filing date (the date the application was filed in the home country) to file in each of these other countries. Given the costs, most applications are filed in a few other countries at most.

What is ownership of a patent

The legal owner of a patent is designated as the "Assignee" on United States patents and as the "Applicant" on patents in the rest of the world. However, the rights of a patent holder are like a bundle of sticks, and only one of the sticks is legal ownership.

Patent law gives the patent owner the right to exclude others from making, using, offering for sale, selling, and importing the patented product and from using the patented process, as well as using, offering for sale, selling, or importing a product obtained directly from a patented process. These rights are tradeable. The typical form of trade is a license, in which some or all of the rights may be transferred. For example, the patent owner may license only some of the claims in a patent, all of the claims but only in a particular field of research, all of the rights but only in certain countries, or the right to make and use but not the right to sell. Other types of licenses may also be granted.

Unlike the ownership of a patent, which is a matter of public record, licenses can be private. Unless the parties to a license choose to reveal the relationship, it is impossible to know about.

In this paper, the legal owner is noted. The cautionary note is that the legal owner may not be the party that is in control of the rights you want access to.

Preface

Except where otherwise noted, patent information is current through to January 2003.

Summary

Both granted patents and pending patent applications are subject to change.  A granted patent is typically in force for a 20 year term, calculated from the filing date, as long as the maintenance fees are paid, although some patents have been issued under rules that give them different terms (see tutorial).

An example of a patent that has taken advantage of a pre GATT-TRIPS filing date is US Patent No. 6051757. For this patent, the filing date was June 5, 1995; shortly before the June 8, 1995 GATT/TRIPS deadline in the United States.

US Patent No. 6051757 is a continuation application that claims priority to a parent application with a January 14, 1983 filing date. Had this application been filed three days later, it would have likely had a patent term that expired on January 14, 2003.

However, since the application was filed before the GATT/TRIPS deadline, it is entitled to a patent term calculated 17 years from the issue date, rather than 20 years from the priority date.

The application data provided by PAIR reveals that this application took nearly five years after the filing date to issue. Numerous extensions of time were granted by the examiner during the prosecution of the application. This patent finally issued on April 18, 2000, and is therefore likely entitled to a patent term that would expire on April 18, 2017 (barring any litigation or lapses due to failure to pay maintenance fees). Basically, an invention that was made in 1983 gave rise to a patent that expires 34 years after the first filing date!

The patent term is a period during which the patentee has the right to exclude others from using the technology.  Technology described in a granted patent that lapses due to lack of payment or expiration of the term moves into the public domain, and unless the technology is covered by other patents still in force, people may work inventions in the public domain without infringement.

From the moment of filing, patent applications go through an interactive process between the applicant and the patent office, the so-called "prosecution", which eventually leads to the grant or rejection of a patent application. During this process, which may take several years, the claims, which define the scope of desired protection for the invention, are likely to be amended. Therefore, the claims of a published patent application may differ from those finally granted by a patent office. In addition, an application may be abandoned along the examination process if the applicant decides not to seek patent protection for the invention in a particular country.

This white paper on Agrobacterium-mediated transformation of plants was updated in March 2002 and June 2003, and is undergoing another revision now. The dynamic nature of intellectual property rights, especially in a rapidly evolving area such as biotechnology, makes regular updates necessary in order to keep abreast of new constraints to freedom to operate or of formerly patented technology that becomes freely accessible.

The main changes registered are:

A summary table provides information on changes between 2002 and 2003. For convenience, the documents are presented according to the white paper sections to which they pertain and following the order set in the table of contents/index of the document. You will find out more detailed information by following the links provided for each patent application.

Many new patents and patent applications have emerged in the field of Agrobacterium-mediated transformation since 2002. Some of these patents are directed to new methods for transformation of plant tissues and crops, previously discussed in the white paper, and others are directed to new crops, such as coffee, onions, turfgrass and woody tree species.

The new patent documents are presented in a summary table. Documents are grouped according to the white paper sections set in the table of contents/index. You will find out more detailed information on each patent document by following the links provided in the table.

Changes in legal status of patents and patent applications since last update

Document No. Topic / Assignee Change

AU 597916 B

Transformation of poplar / Calgene

View Summary

Abandoned

AU 606874 B

Transformation of Gramineae / Toledo Univ.

View Summary

Abandoned

AU 633248 B

Transformation of Beans / Toledo Univ.

View Summary

Abandoned

AU 648951 B

Transformation of Soybeans / Toledo Univ.

View Summary

Abandoned

US 5376543

Transformation of Soybeans / Toledo Univ.

View Summary

Abandoned

US 5340730

Transformation of Gladiolus / Toledo Univ.

View Summary

Abandoned

New patents and patent applications (Update July 2003)

Note! Assignees listed in brackets are assumed (from related applications and patents), because the assignee is often not recorded on US applications.

Document No. and date of publication Assignee Title

More information

Methods

US 2002/0088029 A1
(4 Jul 2002)

(Novartis Finance Corp (US))

Plant transformation methods.

See details

US 6353155 B1
(5 Mar 2002)

Paradigm Genetics, Inc. (US)

Methods for transforming plants.

See details

WO 02/066599 A2
(29 Aug 2002)

Scigen Harvest Co Ltd (KR)

Efficient method for the development of transgenic plants by gene manipulation.

See details

EP 1236801 A2
(4 Sep 2002)

The Agri-Biotechnology Research Center of Shanxi (CN)

Method of Agrobacterium-mediated plant transformation through treatment of germinating seeds.

See details

US 2002/0184663 A1
(5 Dec 2002)

(The Agri-Biotechnology Research Center of Shanxi (CN))

Method of Agrobacterium-mediated plant transformation through treatment of germinating seeds.

See details

Monocots

US 2002/0178463 A1
(28 Nov 2002)

(Japan Tobacco Inc (JP))

Method for transforming monocotyledons.

See details

US 2002/0112261
(15 Aug 2002)

(Univ. of Guelph (CA))

Transformation of monocotyledoneous plants using Agrobacterium.

See details

WO 00/58484
(15 Aug 2002)

(Univ. of Guelph (CA))

Transformation of monocotyledoneous plants using Agrobacterium.

See details

EP 1198985 A1
(14 Apr 2002)

Natl Inst of Agrobiological Resources (JP)

Method for superrapid transformation of monocotyledon.

See details

Gramineae

US 2002/0002711
(3 Jan 2002)

(Univ. Toledo (US))

Process for transforming Gramineae and the products thereof.

See details

Onion (Allium)

NZ 513184
(27 Sep 2002)

NZ Inst for Crop & Food Res (NZ)

Transformation and regeneration of Allium plants.

See details

WO 00/65903
(9 Nov 2000)

Seminis Vegetable Seeds, Inc. (US)

Transformation of Allium sp. with Agrobacterium using embryogenic callus cultures.

See details

Barley

US 6291244 B1
(18 Sep 2001)

Sapporo Breweries Ltd (JP)

Method of producing transformed cells of barley.

See details

Maize

US 2002/0104132
(1 Aug 2002)

Stine Biotechnology (US)

Methods for tissue culturing and transforming elite inbreds of Zea mays L.

See details

US 2002/0104131
(1 Aug 2002)

Stine Biotechnology (US)

Methods for tissue culturing and transforming elite inbreds of Zea mays L.

See details

US 6420630 B1
(16 Jul 2002)

Stine Biotechnology (US)

Methods for tissue culturing and transforming elite inbreds of Zea mays L.

See details

Rice

US 6329571 B1
(11 Dec 2001)

Japan Tobacco, Inc. (JP)

Method for transforming indica rice.

See details

WO 02/057407
(25 Jul 2002)

Avestha Gengraine Technologies (IN)

Novel method for transgenic plants by transformation and regeneration of indica rice plant shoot tips.

See details

Sorghum

US 2002/0138879 A1
(26 Sep 2002)

Pioneer Hi-Bred Intl.Inc. (US)

Agrobacterium-mediated transformed sorghum.

See details

US 6369298 B1
(9 Apr 2002)

Pioneer Hi-Bred Intl.Inc. (US)

Agrobacterium-mediated transformation of sorghum.

See details

Dicots

US 6323396 B1
(27 Nov 2001)

Nunhems Zaden BV (NL)

Agrobacterium-mediated transformation of plants.

See details

Brassica

US 6316694 B1
(13 Nov 2001)

AgrEvo Canada, Inc. (CA)

Transformed embryogenic microspores for the generation of fertile homozygous plants.

See details

US 6455761 B1
(24 Sep 2002)

Helsinki Univ.Licensing Ltd. (FI)

Agrobacterium-mediated transformation of turnip rape.

See details

Camelina sativa

WO 02/38779
(16 May 2002)

Unicrop Ltd (FI)

A transformation system in Camelina sativa.

See details

Coffee

US 6392125 B1
(21 May 2002)

Nara Inst.of Science and Technology (JP)

Method for producing the transformants of coffee plants and transgenic coffee plants.

See details

Cotton

US 6483013 B1
(19 Nov 2002)

Bayer BioScience N.V. (BE)

Method for Agrobacterium-mediated transformation of cotton.

See details

Eucalyptus

US 6255559 B1
(3 Jul 2001)

Genesis Research & Dev.Corp.NZ and Fletcher Challenge Forests Ltd. (NZ)

Methods for producing genetically modified plants, genetically modified plants, plant materials and plant products produced thereby.

See details

Guar

US 2001/0034887 A1
(25 Oct 2001)

(Danisco A/S (DK))

Transformation of guar.

See details

US 6307127 B1
(23 Oct 2001)

Danisco A/S (DK)

Transformation of guar.

See details

Melon

US 6198022 B1
(6 Mar 2001)

Groupe Limagrain Holding (FR)

Transgenic plants belonging to the species Cucumis melo.

See details

Soybeans

US 2002/0157139
(24 Oct 2002)

Monsanto Co. (US)

Soybean transformation method.

See details

US 6384301 B1
(7 May 2002)

Monsanto Co. (US)

Soybean Agrobacterium transformation method.

See details

Strawberry

US 6274791 B1
(14 Aug 2001)

(VPP Corp.) DNA Plant Technology Corp. (US)

Methods for strawberry transformation using Agrobacterium tumefaciens.

See details

Woody trees

WO 02/14463
(21 Feb 2002)

Companhia Suzano de Papel e Celulose BR and Univ.de Sao Paulo (BR)

Method for genetic transformation of woody trees.

See details

Conifers (Pinus)

US 6255559 B1
(3 Jul 2001)

Genesis Research & Dev. Corp.NZ and Fletcher Challenge Forests Ltd. (NZ)

Methods for producing genetically modified plants, genetically modified plants, plant materials and plant products produced thereby.

See details

Assignees in parentheses are assumed, based on related applications and patents, because they usually don't show on US applications

Scientific Aspects

Overview

Agrobacterium-mediated transformation of plants: from a naturally occurring nuisance to a major tool for plant transformation

crown_gall_on_twig

Agrobacterium tumefaciens is a common soil bacterium that naturally inserts its genes into plants and uses the machinery of plants to express those genes in the form of compounds that the bacterium uses as nutrients. In the process, Agrobacterium causes plant tumors commonly seen near the junction of the root and the stem, deriving from it the name of crown gall disease. The disease afflicts a great range of dicotyledonous plants, which constitute one of the major groups of flowering plants.

In 1907, the bacterium was identified by Smith and Townsend as the causative agent of the disease, but it was not until the end of the sixties that a correlation between the tumor and the presence of genetic material of the bacterium was established (Braun and Schilperoort).

During the 1970s, several laboratories investigated the biology, biochemistry, and molecular biology of Agrobacterium. The combined results of their investigations laid the foundation for generating transgenic plants.

Between the 1970s and 1980s, some striking aspects were discovered about the biology, biochemistry, and molecular biology of Agrobacterium. Tumorous plant cells were found to contain DNA of bacterial origin integrated in their genome. Furthermore, the transferred DNA (named T-DNA) was originally part of a small molecule of DNA located outside the chromosome of the bacterium. This DNA molecule was called Ti (tumor-inducing) plasmid (Zaenen et al., Chilton et al.).

The Ti plasmid contains most of the genes required for tumor formation. Wounded plants exude phenolic compounds that stimulate the expression of the virulence genes (vir -genes), which are also located on the Ti plasmid (Wullems et al. , Hoekema et al.). The vir genes encode a set of proteins responsible for the excision, transfer and integration of the T-DNA into the plant genome. The genes in the T-DNA region are responsible for the tumorigenic process. Some of them direct the production of plant growth hormones that cause proliferation of the transformed plant cells. The T-DNA region is flanked at both ends by 25 base pairs (bp) of nucleotides called T-DNA borders (Zambryski et al.). The T-DNA left border is not essential, but the right border is indispensable for T-DNA transfer.

Diagram_transfer1

Early 1980's - "the golden molecular age of Agrobacterium-mediated transformation."  Major discoveries include finding that:

  • a fragment of the Ti plasmid, the T-DNA, is responsible for plant tumor growth and is equipped with plant specific promoters and terminators, and
  • continuous tumor growth is not dependent on the presence of agrobacteria in the tumor.

The study of Agrobacterium and its natural mechanism to alter the biology of infected plant cells sparked the design of molecules that would transfer genes of interest into plant cells. These engineered DNA molecules are commonly referred to as vectors. The starting molecules can be native Ti-plasmids present in Agrobacterium or native or modified plasmids from other bacteria known to deliver DNA into transformed cells.

The basic elements of the vectors designed for Agrobacterium-mediated transformation that were taken from the native Ti-plasmid:

Diagram_TiPlasmid

Although other methodologies for plant transformation have been devised, Agrobacterium remains one of the preferred mechanisms to introduce exogenous genes into the plant cells. One of the reasons for this is the wide spectrum of plants that are susceptible to transformation by this bacterium. Agrobacterium was initially believed to be restricted to the transformation of certain dicotyledonous plants (flowering plants with two cotyledons in their seeds and broad leaves) such as potato and tomato, but nowadays, transformation of monocotyledonous plants (flowering plants with one cotyledon in their seeds and narrow leaves with parallel veins), such as maize and rice is routinely performed.

In summary, an Agrobacterium -mediated transformation system normally involves:

  • an Agrobacterium strain carrying a vir region and a T-DNA with a gene of interest. The vir and T-DNA region are located either on the same or separate vectors;
  • transfer of T-DNA region into a plant cell or tissue and its integration into the plant genome;
  • expression of a gene of interest in the plant cell; and
  • regeneration of the transformed plant cell or tissue into a complete plant.

Essential Features

Several essential features are required for Agrobacterium-mediated transformation of plants:

The above-mentioned elements are incorporated in two basic types of vectors used to transform a wide range of plants via Agrobacterium:

References

Binary Vectors

The discovery that the vir genes do not need to be in the same plasmid with a T-DNA region to lead its transfer and insertion into the plant genome led to the construction of a system for plant transformation where the T-DNA region and the vir region are on separate plasmids.

In the binary vector system, the two different plasmids employed are:

In general, the transformation procedure is as follows:

Possible pitfalls

A possible disadvantage may ensue from the fact that the stability of wide host range replicons in E. coli and Agrobacterium varies considerably. Depending on the orientation, plasmids with two different origins of replication may be unstable in E. coli where both origins are active.

Advantages

Compared with co-integrated vectors, binary vectors present some advantages:

This vector system is most widely used nowadays. Different types of binary vectors have been devised to suit different needs in a plant transformation process.

Binary vector types

  1. pGA series vectors, which contain: Specific vectors in this series are designed for cloning large fragments (colE1 origin of replication and phage l cos), analyzing promoters (multiple cloning site immediately upstream of a promoterless cat gene), and expressing a gene of interest (polylinker site between a plant promoter and a terminator).
  2. pCG series vectors, which contain:
  3. pCIT series which contain:
  4. pGPTV (glucuronidase plant transformation vector) series , which have:
  5. pBECK2000 series, which contain:
  6. Binary-BAC (BiBAC) vector
  7. pGreen series, small plasmids of around 3.2 Kb containing:

References

Co-integrated Vectors

Called co-integrated vectors or hybrid Ti plasmids, these vectors were among the first types of modified and engineered Ti plasmids devised for Agrobacterium -mediated transformation, but are not widely used today.

These vectors are constructed by homologous recombination of a bacterial plasmid with the T-DNA region of an endogenous Ti plasmid in Agrobacterium. Integration of the two plasmids requires a region of homology present in both.

Three vectors are necessary in this system:

Co-integrated_plasmid
A resulting co-integrated plasmid assembled by in vitro manipulation normally contains:

  1. the vir genes,
  2. the left and right T-DNA borders,
  3. an exogenous DNA sequence between the two T-DNA borders, and
  4. plant and bacterial selectable markers.

Some drawbacks

Although co-integrated vectors have been designed to allow site-specific recombination based on the recombination system of the phage P1 (e.g., wP1loxP-Cre series), co-integrated vectors in general are less popular due to:

References

References

Essential features

Bevan, M. 1984. Binary Agrobacterium vectors for plant transformation. Nucl. Acids. Res. 12: 8711-8721.

Bomhoff, G., Klapwijk, P.M., Kester, H.C.M., and Schilperoort, R.A. 1976. Octopine and nopaline synthesis and breakdown genetically controlled by a plasmid of Agrobacterium tumefaciens. Mol. Gen. Genet. 145: 177-181.

Braun, A.C.1958. A physiological basis for autonomous growth of the crown-gall tumor cell. Proc. Nat. Acad. Sci. USA 44: 344-349.

Braun, A.C. 1969. Abnormal growth in plants. In: Plant Physiology-A Treatise (Steward, F.C. Ed.) Acad. Press, N.Y., Vol VB: 379-420.

Chilton, M.D., Drummond, M.H., Merlo, D.J., Sciaky, D., Montoya, A.L., Gordon, M.P. and Nester, E.W. 1977. Stable incorporation of plasmid DNA into higher plant cells: the molecular basis of crown gall tumorigenesis. Cell 11: 263-271.

Chilton, M.D. 1983. A vector for introducing new genes into plants. Scientific American 248. 6: 36-45.

Drummond, M.H., Gordon, M.P., Nester, E.W., and Chilton, M.D. 1977. Foreign DNA of bacterial plasmid origin is transcribed in crown gall tumors. Nature 269: 535-536.

Duan, X., Li, X., Xue, Q., Abo-El-Saad, M., Xu, D., and Wu, R. 1996. Transgenic rice plants harboring an introduced potato proteinase inhibitor II gene are insect resistant. Nature Biotechnology 14: 494-498.

Grimsley, N., Hohn., T., Davies, J.W., and Hohn, B. 1987. Agrobacterium-mediated delivery of infectious maize streak virus into maize plants. Nature 325: 177-179.

Greene, E.A. and Zambryski, P.C. 1993. Agrobacteria mate in opine dens. Current Biology 3, 507-509. Herrera-Estrella, L., De Block, M., Messens, E., Hernalsteens, J.P., Van Montagu, M., and Schell, J. 1983a. Chimeric genes as dominant selectable markers in plant cells. EMBO J. 2: 987-995.

Herrera-Estrella, L., Depicker, A., Van Montagu, M., and Schell, J. 1983b. Expression of chimeric genes transferred into plant cells using a Ti plasmid-derived vector. Nature 303: 209-213.

Hoekema, A., Hirsch, P.R., Hooykaas, P.J.J., and Schilperoort, R.A. 1983. A binary plant vector strategy based on separation of vir- and T-region of the Agrobacterium tumefaciens Ti plasmid. Nature 303: 179-180.

Hoekema, A., Hooykaas, P.J.J., and Schilperoort, R.A. 1984. Transfer or the octopine T-DNA segment to plant cells mediated by different types of Agrobacterium tumor- or root-inducing plasmids: Generality of virulence systems. J. Bacteriol. 158: 383-385.

Hooykaas, P.J.J. and Schilperoort, R.A.1992. Agrobacterium and plant genetic engineering. Plant Mol. Biol. 19, 15-38. Hooykass-Van Slogteren, G.M.S., Hooykaas, P.J.J., and Schilperoort, R.A. 1984. Expression of Ti plasmid genes in monocotyledonous plants infected with Agrobacterium tumefaciens. Nature 311: 763-764.

Ishida, Y., Saitao, H., Ohta, S., Hiei, Y., Komari, T., and Kumashiro, T. 1996. High efficiency transformation of maize (Zea mays L.) mediated by Agrobacterium tumefaciens . Nature Biotechnology 14: 745-750.

Ooms, G., Hooykaas, P.J.J., Moolenaar, G., and Schilperoort, R.A. 1981. Crown gall plant tumors of abnormal morphology, induced by Agrobacterium tumefaciens carrying mutated octopine Ti plasmids; analysis of T-DNA functions. Gene 14: 33-50.

Schell, J., and Van Montagu, M. 1983. The Ti plasmids as natural and as practical gene vectors for plants. Bio/Technology 1: 175-180.

Schilperoort, R.A., Veldstra, H., Warnaar, S.O., Mulder, G., and Cohen, J.A. 1967. Formation of complexes between DNA isolated from tobacco crown gall tumors and RNA complementary to Agrobacterium tumefaciens DNA. Biochem. Biophys. Acta 145: 523-525.

Smith, E.F. and Townsend, C.O. 1907. A plant tumor of bacterial origin. Science 25: 671-673.

Van Larebeke, N., Engler, G., Holsters, M., Van den Elsacker, S., Zaenen, I., Schilperoort, R.A., and Schell, J. 1974. Large plasmid in Agrobacterium tumefaciens essential for crown gall-inducing ability. Nature 252: 169-170.

Van Larebeke, N., Genetello, C., Schell, J., Schilperoort, R.A., Hermans, A.K., Hernalstenns, J.P. and Van Montagu, M. 1975. Acquisition of tumor-inducing ability by non-oncogenic agrobacteria as a result of plasmid transfer. Nature 255: 742-743.

Willmitzer, L., De Beuckeleer, M., Lemmers, M., Van Montagu, M., and Schell, J. 1980. DNA from Ti plasmid present in nucleus and absent from plastids of crown gall plant cells. Nature 287: 359-361.

Wullems, G.J., Molendijk, L., Ooms, G., and Schilperoort, R.A. 1981a. Retention of tumor markers in F1 progeny plants from in vitro induced octopine and nopaline tumor tissues. Cell 24: 719-727.

Wullems, G.J., Molendijk, L., Ooms, G., and Schilperoort, R.A. 1981b. Differential expression of crown gall tumor markers in transformants obtained after in vitro Agrobacterium tumefaciens induced transformation of cell regenerating protoplasts derived from Nicotiana tabacum. Proc. Natl. Acad. Sci. USA. 78: 4344-4348.

Yadav, N.S., Vanderleyden, J., Bennett, D.R., Barnes, W.M., and Chilton, M.D.1982. Short direct repeats flank the T-DNA on a nopaline Ti plasmid. Proc. Natl. Acad. Sci. USA 79: 6322-6326.

Zhu, J., Oger, P.M., Schrammeijer, B., Hooykaas, P.J., Farrand, S.K., and Winans, S.C. 2000. The bases of crown gall tumorigenesis. J. Bacteriol. 182 (14): 3885-3895.

Zupan, J., Muth, T.R., Draper, O.,and Zambryski, P. 2000. The transfer of DNA from Agrobacterium tumefaciens into plants: a feast of fundamental insights. Plant J. 23: 11-28.

Binary Vectors

An, G. 1987. Binary Ti vectors for plant transformation and promoter analysis. Methods Enzymol. 153: 292-305.

An, G., Watson, B.D., Stachel, S., Gordon, M.P., and Nester, E.W. 1985. New cloning vehicles for transformation of higher plants. EMBO J. 4: 277-284.

An, G., Ebert, P.R., Mitra, A., and Ha, S.B. 1988. Binary vectors. In: Plant Molecular Biology Manual A3: 1-19. Gelvin., S.B., Schilperoort, R., and Verma, D. P. (Eds.), Kluwer Academic Pub., The Netherlands.

Becker, D., Kemper, E., Schell, J., and Masterson, R. 1992. New plant binary vectors with selectable markers located proximal to the left T-DNA border. Plant Mol. Biol. 20: 1195-1197.

Bevan, M. 1984. Binary Agrobacterium vectors for plant transformation. Nucl. Acids Res. 12: 8711-8721.

Fütterer, J. 1995. Expression signals and vectors. In: Gene Transfer to Plants, pp.311-324. Potrykus, I., Spangenberg, G. (Eds.), Springer-Verlag, Berlin.

Hamilton, C.M., Frary, A., Lewis, C., and Tanksley, S.D. 1996. Stable transfer of intact high molecular weight DNA into plant chromosomes. Proc. Natl. Acad. Sci. USA 93: 9975-9979.

Hamilton, C.M. 1997. A binary-BAC system for plant transformation with high-molecular-weight DNA. Gene 200: 107-116.

Hellens, R., and Mullineaux, P. 2000. A guide to Agrobacterium binary Ti-vectors. Trends Plant Sci. 5: 446-451.

Hellens, R. et al. 2000. pGreen: a versatile and flexible binary Ti vector for Agrobacterium-mediated plant transformation. Plant Mol. Biol. 42: 819-832.

Hoekema, A., Hirsh, P.R., Hooykaas, P.J.J., and Schilperoort, R.A. 1983. A binary plant vector strategy based on separation of vir- and T-region of the Agrobacterium tumefaciens Ti-plasmid. Nature 303: 179-180.

Ma, H., Yanofsky, M.F., Klee, H.J., Bowman, J.L., and Meyerowitz, E.M. 1992. Vectors for plant transformation and cosmid libraries. Gene 117: 161-167.

McBride, K.E. and Summerfelt, K.R. 1990. Improved binary vectors for Agrobacterium-mediated plant transformation. Plant Mol. Biol. 14: 269-276.

McCormac, A.C., Elliot, M.C., Chen, D.F. 1999. PBECKS2000: a novel plasmid series for the facile creation of complex binary vectors, which incorporates " clean-gene" facilities. Molecular and General Genetics 261: 226-235.

Co-integrated vectors

Christou, P. 1992. Genetic transformation of crop plants using microprojectile bombardment. Plant J. 2: 275-281.

Klee, H.J., F.F. White, V.N. Iyer, M.P. Gordon, and E.W. Nester. 1983. Mutational analysis of the virulence region of an Agrobacterium tumefaciens Ti plasmid. J. Bacteriol. 153: 878-883.

Klee, H., Horsch, R., and Rogers, S. 1987. Agrobacterium-mediated plant transformation and its further applications to plant biology. Ann. Rev. Plant Physiol. 38: 467-486.

Klein, T.M., Wolf, E.D., Wu, R., and Sanford, J.C. 1987. High-velocity microprojectiles for delivering nucleic acids into living cells. Nature 327: 70-73.

Mozo, T., and Hooykaas, P.J.J. 1992. Design of a novel system for the construction of vectors for Agrobacterium -mediated plant transformation. Mol. Gen. Genet. 236: 1-7.

Neuhaus, G., and Spangenberg, G. 1990. Plant transformation by microinjection techniques. Physiol. Plant. 79: 213-217.

Ooms, G., P.M. Klapwijk, J.A. Poulis and R.A. Schilperoort. 1980. Characterization of Tn904 insertions in octopine Ti plasmid mutants of Agrobacterium tumefaciens J. Bacteriol. 144(1): 82-91.

Paszkowski, J., Saul, M.W., and Potrykus, I. 1989. Plant gene vectors and genetic transformation: DNA-mediated direct gene transfer to plants. In: Cell Culture and Somatic Cell Genetics of Plants (J. Schell and I.K. Vasil, Eds.). 6: 52-68.

Potrykus, I. 1995. Gene transfer to Plants. In: Gene transfer to Plants. I. Potrykus G. Spangenberg (Eds.). Springer-Verlag, Germany, pag III-IX.

Rogers, S.G., Klee, H.J., Horsch, R.B., and R.T. Fraley. 1987. Improved vectors for plant transformation: expression cassette vectors and new selectable markers. Methods in Enzymology. 153: 253-292.

Stachel, S.E., Timmerman, B., and Zambryski, P. 1986. Generation of single-stranded T-DNA molecules during the initial stages of T-DNA transfer from Agrobacterium tumefaciens to the plant cells. Nature 322: 706-712.

Stachel, S.E., and Zambryski, P. 1986. Vir A and virG control the plant induced activation of the T-DNA transfer process of Agrobacterium tumefaciens. Cell 46: 325-333.

Van Haute, L., Joos, H., Maes, M., Warren, G., Van Montagu, M., and Schell, J. 1983. Intergeneric transfer and exchange recombination of restriction fragments cloned in pBR322: A novel strategy for the reversed genetics of the Ti plasmids of Agrobacterium tumefaciens. EMBO Journal. 2: 411-417.

Yanofsky, M., Porter, S., Young, C., Albright, L., Gordon, M., and Nester, E. 1986. The virD operon of Agrobacterium tumefaciens encodes a site-specific endonuclease. Cell 47: 471-77.

Types of Tissues to be transformed

Summary

transformation_of_plantsThe efficiency of T-DNA transfer via Agrobacterium to a plant varies considerably, not only among plant species and cultivars, but also among tissues. Various protocols for Agrobacterium-mediated transformation of plants use leaves, shoot apices, roots, hypocotyls, cotyledons, seeds and calli derived from various parts of a plant. In other methods, the transformed tissue is not removed from the plant but left in its natural environment, thus, the transformation takes place in planta.

Patents directed specifically to methods of transforming different tissues are relatively few, but the scope of their protection is rather broad. Some of the patents referred to in this section are considered key patents for widely used technologies by the research community.

The patents discussed in this section are directed to the transformation of callus, immature embryo, pollen, seed, shoot apex parts in culture as well as in planta . With the exception of Japan Tobacco's patents directed to callus and immature embryo transformation of a monocotyledonous plant, claims in these patents are not restricted to the type or species of plant to be transformed. Therefore, any plant arguably falls within the scope of the claims of these patents. The bacterium used for transformation is Agrobacterium or specifically A. tumefaciens.

In conclusion

Thus, if one of these two elements is not part of an in planta transformation process, the process may be well outside the scope of the claims of Cotton Inc.'s patent.

With respect to callus transformation claimed by Japan Tobacco, at least in the United States, the tissue must be at least seven days old. Thus, if tissue can be used that is less than 7 days in culture, literal infringement of this patent may be avoided.

Callus Transformation - patents and application assigned to Japan Tobacco

Patents and application assigned to Japan Tobacco

In the disclosures, an explant of a monocot in the process of dedifferentiation or already dedifferentiated is used for transformation with Agrobacterium. A dedifferentiated tissue or a tissue in the process of dedifferentiation is described in the disclosures as an explant cultured on a dedifferentiation medium for not less than 7 days. Among the preferred tissues are a callus, an adventitious embryo-like tissue, and suspension cells.

Callus Transformation - patents granted to Japan Tobacco

Specific patent information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 5591616 A

  • Earliest priority - 7 July 1992
  • Filed - 3 May 1994
  • Granted - 7 January 1997
  • Expected expiry - 6 July 2013

Title - Method of transforming monocotyledons

Claim 1

A method for transforming a monocotyledon callus, comprising contacting a cultured tissue of a monocotyledon during dedifferentiation wherein said dedifferentiation is obtained by culturing an explant on a dedifferentiation-inducing medium for not less than 7 days or a dedifferentiated cultured tissue of a monocotyledon, with a bacterium belonging to the genus Agrobacterium containing a desired gene.

Claim 17

A method for transforming a monocotyledon with a desired gene, comprising: contacting a cultured tissue of said monocotyledon during dedifferentiation thereof, or a dedifferentiated cultured tissue of said monocotyledon, with a suspension of Agrobacterium tumefaciens having a cell population of 106 to 1011 cells/ml for 3-10 minutes and then culturing said cultured tissue of said monocotyledon during dedifferentiation thereof, or said dedifferentiated cultured tissue of said monocotyledon, on a solid medium for several days together with said Agrobacterium tumefaciens, or adding said Agrobacterium tumefaciens to culture medium in which said cultured tissue of said monocotyledon during dedifferentiation thereof or said dedifferentiated cultured tissue of said monocotyledon is cultured, and continuously culturing said cultured tissue of said monocotyledon during dedifferentiation or said dedifferentiated cultured tissue of said monocotyledon together with said Agrobacterium tumefaciens, wherein said dedifferentiated cultured tissue of said monocotyledon is selected from the group consisting of a tissue cultured during the process of callus formation which is cultured for not less than 7 days after an explant is placed on a dedifferentiation-inducing medium and a callus, and wherein said Agrobacterium tumefaciens contains plasmid pTOK162, and said desired gene is present between border sequences of the T region of said plasmid pTOK162, or wherein said desired gene is present in another plasmid contained in said Agrobacterium tumefaciens.

US 5591616 claims:

  • a method for transforming monocotyledon callus by contacting dedifferentiating tissue of not less than 7 days of culture or dedifferentiated tissue with Agrobacterium having a desired gene; and
  • a method of transforming such tissue or transforming a callus by contacting the tissue/callus with a suspension of Agrobacterium cells of 106 - 1011 cells/ml for 3-10 minutes. The bacterium contains the desired gene either between the T- borders of the plasmid pTOK162 or in another plasmid.

Japan Tobacco

EP 604662 A1

  • Earliest priority - 7 July 1992
  • Filed - 6 July 1994
  • Application pending

Title - Method of transforming monocotyledon

Claim 1

A method for transforming a monocotyledon comprising transforming a cultured tissue during dedifferentiation process or a dedifferentiated cultured tissue of said monocotyledon with a bacterium belonging to genus Agrobacterium containing a desired gene.

The claims submitted in the European application EP 604662 A1 are the same as the claims of the Australian patent, below.

AU 667939 B

  • Earliest priority - 7 July 1992
  • Filed - 6 July 1993
  • Granted - 18 April 1996
  • Expected expiry- 6 July 2013

Title - Method of transforming monocotyledon

Claim 1

A method for transforming a monocotyledon comprising transforming a cultured tissue during dedifferentiation process or a dedifferentiated cultured tissue of said monocotyledon with a bacterium belonging to genus Agrobacterium containing a desired gene.

The lead claim in the Australian patent AU 667 939 is broader than in the United States patent. In the Australian patent, a dedifferentiating or dedifferentiated tissue of a monocot is also used as the initial tissue for transformation, but there is no restriction on the number of days of culture in the medium to induce dedifferentiation.

US 2002/178463 A1

  • Earliest priority - 7 July 1992
  • Filed - 13 January 1999
  • Application pending

Title - Method for transforming monocotyledons

Claim 1

A method for transforming a monocotyledon, comprising contacting a cultured tissue of said monocotyledon during dedifferentiation thereof obtained by culturing an explant on a dedifferentiation-inducing medium for less than 7 days with a bacterium belonging to the genus Agrobacterium containing a super binary vector having the virulence region of Ti plasmid pTiBo542 contained in Agrobacterium tumefaciens A281, left and right border sequences of T-DNA of a Ti plasmid or an Ri plasmid of a bacterium belonging to the genus Agrobacterium, and a desired gene located between said left and right border sequences.

Claim 13

A method for transforming a monocotyledon, comprising contacting a cultured tissue of said monocotyledon during dedifferentiation thereof obtained by culturing an explant derived from an immature tissue on a dedifferentiation-inducing medium for less than 7 days with a bacterium belonging to the genus Agrobacterium containing a desired gene and containing a vector having the virulence region of Ti plasmid contained in Agrobacterium tumefaciens.

This application is a continuation of abandoned US 08/668464, which was a continuation of now granted US 5591616.

Claims in this applicaiton recite Agrobacterium-mediated transformation of monocotyledon explants, where the explant is cultured on dedifferentiation medium for less than 7 days, then infected with Agrobacterium containing a vector that has the virulence region (in particular a vector that contains the virulence region of Ti plasmid pTiBo542 from A. tumefaciens A281 in the case of claim 1).

Remarks
  1. National phase entry of WO 1994/00977 in Canada (CA 2121545) is pending.
  2. National phase entry of WO 1994/00977 in Japan (JP 2649287 B2) has been published as granted on 3 September 1997.

Note: Patent information on this page was last updated on 21 February 2006.

Immature embryo transformation - patents and application assigned to Japan Tobacco

Patents and application assigned to Japan Tobacco

This family of patents discloses use of an immature embryo of a monocot for Agrobacterium transformation. Within the embryo, the scutellum (name given to the single massive cotyledon (seed leaf) of monocot plants) is transformed. The scutellum is capable of producing dedifferentiated calli having the ability to regenerate normal plants after transformation.

The bacterium used for transformation contains either a Ti or Ri (root-inducing) plasmid with the desired gene and a plasmid having a virulence region derived from the A. tumefaciens Ti plasmid pTiBo542.

Immature embryo transformation - claims in plain English

Immature embryo transformation
Patent and application assigned to Japan Tobacco

Specific patent information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

EP 672752 B1

  • Earliest priority - 3 September 1993
  • Filed - 1 September 1994
  • Granted - 26 May 2004
  • Expected expiry - 3 September 2013

Title - Method of transforming monocotyledon by using scutellum of immature embryo

Claim 1

A method for transforming monocotyledons comprising transforming scutellum of an immature embryo of a monocotyledon with a bacterium belonging to genus Agrobacterium containing a desired gene, which immature embryo has not been subjected to a dedifferentiation treatment, to obtain a transformant.

EP B 672 752 contains the same independent claim as the Australian patent.

Designated States at the time of grant are: Austria, Belgium, Switzerland, Germany, Denmark, Spain, France, United Kingdom, Greece (reported on INPADOC as lapsed), Ireland, Italy, Liechtenstein, Luxembourg, Monaco (reported on INPADOC as lapsed), Netherlands, Portugal, Sweden


Japan Tobacco

AU 687863
  • Earliest priority - 3 September 1993
  • Filed - 1 September 1994
  • Granted - 5 March 1998
  • Expected expiry - 3 September 2013

Title - Method of transforming monocotyledon by using scutellum of immature embryo

Claim 1

A method for transforming monocotyledons comprising transforming scutellum of an immature embryo of a monocotyledon with a bacterium belonging to genus Agrobacterium containing a desired gene, which immature embryo has not been subjected to a dedifferentiation treatment, to obtain a transformant.

The claims of the Australian patent AU-B-687 863 are directed to:

a method for transformation of a scutellum of an immature embryo of a monocotyledon with Agrobacterium having a desired gene. The embryo is not subjected to a dedifferentiation process prior the transformation with Agrobacterium.

Remarks
  1. National phase entry of WO 95/06722 in Canada (CA 2148499) is pending.
  2. National phase entry of WO 95/06722 in Japan (JP 3329819 B2) has been published as granted on 30 September 2002.

Note: Patent information on this page was last updated on 21 February 2006.

Pollen Transformation - patent granted to USDA

The invention is a method for the genetic transformation of any plant by using pollen as starting material for transformation with Agrobacterium. A culture medium useful for pollen germination and pollen tube growth in presence of Agrobacterium is also claimed.

Pollen Transformation - patent granted to USDA - claims in plain English

Pollen transformation
Patents granted to the United States Department of Agriculture (USDA)

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

AU733080 B2
  • Earliest priority - 15 July 1997
  • Filed - 14 July 1998
  • Granted - 3 May 2001
  • Expected expiry - 14 July 2018

Title - Pollen-based transformation system using solid media

Claim 1

A method for producing a transgenic plant comprising:

a. obtaining pollen from a first plant,
b. applying a lawn of Acrrobacteria to a solid pollen culture medium, the Agrobacteria comprising at least one heterologous gene sequence capable of being transferred to a plant cell,
c. applying the pollen to the solid medium,
d. allowing the pollen to germinate and grow on the medium, thereby producing transgenic pollen,
e. applying the transgenic pollen to the stigma of a second plant capable of being fertilized by the pollen of the first plant, thereby fertilizing the second plant,
f. obtaining transgenic seed from the second plant,
g. germinating the transgenic seed to obtain a transgenic plant.

Claim 8

A medium for pollen germination and pollen tube growth comprising agarose, sucrose, KNO3, MnSO4, H3BO3, MgSO4, and gibberellic acid.

The Australian patent 733 080 claims the same method for transforming pollen of a plant with Agrobacterium as the United States patent. However, the Australian patent claims in addition a specific medium for pollen germination and pollen tube growth.


United States Department of Agriculture (USDA)

EP 996328 B1
  • Earliest priority - 15 July 1997
  • Filed - 14 July 1998
  • Granted - 5 March 2003
  • Expected expiry - 14 July 2018

Title - Pollen-based transformation system using solid media

Claim 1

A method for producing a transgenic plant comprising:

a. obtaining pollen from a first plant,
b. applying a lawn of Agrobacteria to a solid pollen culture medium, the Agrobacteria comprising at least one heterologous gene sequence capable of being transferred to a plant cell,
c. applying the pollen to the solid medium,
d. allowing the pollen to germinate and grow on the medium, thereby producing transgenic pollen,
e. applying the transgenic pollen to the stigma of a second plant capable of being fertilized by the pollen of the first plant, thereby fertilizing the second plant,
f. obtaining transgenic seed from the second plant,
g. germinating the transgenic seed to obtain a transgenic plant.

The European patent 996328 claims the same method for transforming pollen of a plant with Agrobacterium as the United States patent.

Designated contracting States at the time of grant are: Austria, Belgium, Switzerland, Cyprus, Germany, Denmark, Spain, Finland, France, United Kingdom, Greece, Ireland, Italy, Liechtenstein, Luxembourg, Monaco, Netherlands, Portugal, Sweden

US 5929300
  • Earliest priority - 15 July 1997
  • Filed - 15 July 1997
  • Granted - 27 July 1999
  • Expected expiry - 15 July 2017

Title - Pollen-based transformation system using solid media

Claim 1

A method for producing a transgenic plant comprising:

a. obtaining pollen from a first plant,

b. applying a lawn of Agrobacteria to a solid pollen culture medium, the Agrobacteria comprising at least one heterologous gene sequence capable of being transferred to a plant cell,

c. applying the pollen to the solid medium,

d. allowing the pollen to germinate and grow on the medium, thereby producing transgenic pollen,

e. applying the transgenic pollen to the stigma of a second plant capable of being fertilized by the pollen of the first plant, thereby fertilizing the second plant,

f. obtaining transgenic seed from the second plant,

g. germinating the transgenic seed to obtain a transgenic plant.

Delta and Pine Land Co., acquired exclusive licensing rights to the pollen-transformation system developed by the USDA in the United States. (Source: Ag Biotech InfoNet, January 26, 2001).

The United States patent 5 929 300 claims:

  • a method for producing a transgenic plant by transforming pollen of a plant with Agrobacterium carrying a foreign gene and then fertilizing a second plant with the transgenic pollen to obtain transgenic seed. The transgenic plant is obtained by germination of the transgenic seeds. The Agrobacterium must be applied as a lawn to a solid pollen culture medium and the pollen must also be applied to the solid culture medium.  Thus, it appears that other methods of applying the Agrobacterium (e.g., by pipetting drops onto the medium) might not fall within the scope of the claims.
WO 1999/03326
  • Earliest priority - 15 July 1997
  • Filed - 14 July 1998
  • OPI - 28 January 1999

Title - Pollen-based transformation system using solid media

Claim 1

A method for producing a transgenic plant comprising:

a. obtaining pollen from a first plant,
b. applying a lawn of Acrrobacteria [sic] to a solid pollen culture medium, the Agrobacteria comprising at least one heterologous gene sequence capable of being transferred to a plant cell,
c. applying the pollen to the solid medium,
d. allowing the pollen to germinate and grow on the medium, thereby producing transgenic pollen,
e. applying the transgenic pollen to the stigma of a second plant capable of being fertilized by the pollen of the first plant, thereby fertilizing the second plant,
f. obtaining transgenic seed from the second plant,
g. germinating the transgenic seed to obtain a transgenic plant.

Claim 8

A medium for pollen germination and pollen tube growth comprising agarose, sucrose, KNO3, MnSO4, H3BO3, MgSO4, and gibberellic acid.

Remarks
  1. National phase entry of WO 1999/03326 in Canada (CA 2296501) is pending.
  2. National phse entry of WO 1999/03326 in China (CN 1098029 C) has been published as granted on 8 January 2003.
  3. Related patent documents also filed in Brazil (BR 9811791), The Hong Kong Special Administrative Region of the People's Republic of China (HK 1026118), Taiwan (TW 577922) and South Africa (ZA 9806240).

Note: Patent information on this page was last updated on 21 February 2006.

Patent application filed by the United States Department of Agriculture (USDA)

The invention disclosed in the European application is the same as in the United States patent and the recently granted Australian patent AU-B-733 080 (former Australian application AU 84005/98 A1).

Bibliographic data

EP 996 328 A1
Title

Pollen-based transformation system using solid media

Application No. & Filing Date

EP 934497
July 14, 1998

Publication Date

May 3, 2000

Language

English

Remarks

Applications also filed in Brazil (BR 9811791), China (CN 1263434), and South Africa (ZA 9806240).

To view or download the patent document as a PDF file, click on EP 996 328 (1,080 kb).

Summary of the invention

The independent claims as filed in the EP application 996 328 A1 are similar to the granted claims of its related United States and Australian patents. As in the Australian patent, the EP application also contains a filed claim referring to a medium for pollen germination and pollen tube growth.

View Claims

EP Patent application filed by the United States Department of Agriculture (USDA)

Claims in plain English

Disclaimer

THE FOLLOWING CLAIMS ARE MEANT ONLY TO ASSIST READING OF THE CLAIMS AND ARE NOT MEANT AS A LEGAL INTERPRETATION OF THE CLAIM SCOPE.

EP 996 328 A1
Claim 1

A method for producing a transgenic plant by:

A) applying Agrobacteria having a foreign gene to a pollen culture on a solid medium;
B) allowing germination and growth of the transgenic pollen on the medium;
C) fertilizing a second plant with the transgenic pollen;
D) obtaining seed; and
E) germinating the seed to obtain a transgenic plant.

Claim 8

A medium for pollen germination and pollen tube growth having agarose, sucrose, KNO3, MnSO4, H3BO3, MgSO4, and gibberellic acid.


Actual pending claims

EP 996 328 A1
Claim 1*

A method for producing a transgenic plant comprising:

A) obtaining pollen from a first plant;
B) applying a lawn of Agrobacteria to a solid pollen culture medium, the Agrobacteria comprising at least one heterologous gene sequence capable of being transferred to a plant cell;
C) applying the pollen to the solid medium;
D) allowing the pollen to germinate and grow on the medium, thereby producing transgenic pollen;
E) applying the transgenic pollen to the stigma of a second plant capable of being fertilized by the pollen of the first plant, thereby fertilizing the second plant;
F) obtaining transgenic seed from the second plant;
G) germinating the transgenic seed to obtain a transgenic plant.

Claim 8**

A medium for pollen germination and pollen tube growth comprising agarose, sucrose, KNO3, MnSO4 , H3BO3, MgSO4, and gibberellic acid.

Note: The Australian application AU 84005/98 A1 was granted. See Patents granted to the USDA for more information on this new patent.

* Identical to claim 1 of the granted United States and Australian patents.

**Identical to claim 8 of the granted Australian patent.

Shoot apex transformation - patent granted to The Texas A & M University System

In the invention disclosed in this United States patent, shoot apex tissue from any plant is subjected to gene transfer via Agrobacterium. According to the inventors, the use of such tissue permits rapid propagation of plants without encountering problems of somaclonal variation.

Shoot apex transformation - - claims in plain english - patent granted to The Texas A & M University System

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 5164310

  • Earliest priority - 1 June 1988
  • Filed - 5 February 1991
  • Granted - 17 November 1992
  • Expected expiry - 5 February 2011

Title - Method for transforming plants via the shoot apex

Claim 1

A method of transforming excised shoot apical tissue comprising:

a) excising shoot apical tissue consisting essential of the apical dome and two or more primordial leaves,

b) placing said excised tissue in a suitable growth medium,

c) inoculating said apical tissue with Agrobacterium tumefaciens to transform said tissue.

Claim 8

A method for transforming an excised shoot apex comprising:

a) excising a shoot apex,
b) placing said apex in a suitable growth medium,
c) inoculating said apical tissue with Agrobacterium tumefaciens to transform said tissue.

The United States patent 5 164 310 claims a method to transform shoot apices, which contain the apical dome with meristematic tissue and some primordial leaves, with A. tumefaciens. According to the inventors, shoot cultures develop roots directly and rapidly, and plant regeneration is achieved within six weeks after transformation.

Texas A&M Univeristy System

Remarks
  1. National phase entry of WO 89/12102 in Australia (AU 3756889) has lapsed on 26 April 1991.
  2. Related patent application filed in China (CN 1042638) is deemed withdrawn on 1 April 1992.
  3. National phase entry of WO 89/12102 in Europe (EP 419533) is deemed withdrawn on 10 April 1993.
  4. National phase entry of WO 89/12102 in Japan (JP 2996995) has been granted on 29 October 1999.
  5. Other related patent applications filed in Denmark (DK 285590), Spain (ES 2017024, reported on INPADOC as lapsed), Ireland (IE 65516), Israel (IL 90440), South Africa (ZA 8904379).
  6. Related patent in New Zealand (NZ 229340) has been granted and published as registered on 26 May 2000.

Note: Patent information on this page was last updated on 22 February 2006.

In planta transformation

Overview

The following patents are directed to the transformation of a plant in vivo with Agrobacterium, in which the inoculation and co-cultivation process with Agrobacterium takes place as the plant develops normally.

As described in some of the patents, some advantages of this methodology derive from a close analogy to Agrobacterium's natural environment for transformation and the production of non-chimeric transgenic progeny from seeds of a treated plant when floral tissue is transformed.

Cotton Inc., Paradigm Genetics Inc , and Rhobio patents and applications are presented here.

Cotton Inc. claims

Paradigm Genetics Inc claims (Update July 2003)

Rhobio claims

The Australian and PCT applications filed by Performance Plants Inc. disclosing a method to transform plants in vivo with A. tumefaciens were abandoned on June 1, 2000 and on October 18, 2000, respectively.

In planta transformation - patent granted to Cotton Inc

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 5994624

  • Earliest priority - 20 October 1997
  • Filed - 20 October 1997
  • Granted - 30 November 1999
  • Expected expiry - 20 October 2017

Title - In planta method for the production of transgenic plants

Claim 1

A method for producing a transformed plant comprising, injecting Agrobacterium cells harboring a vector, comprising a nucleic acid molecule capable of conferring a desired phenotypic trait to a plant, into a plant floral or meristematic tissue using a needleless injection device, which can be adapted for the injection of small volumes of material in a precise manner without causing massive tissue damage.

Claim 16

A method for producing a transgenic seed comprising injecting a Agrobacterium cells harboring a vector, comprising a gene capable of conferring a desired phenotypic trait, into the floral tissues of a plant before the division of the egg cell using a needleless-hypodermic injection device.

Claim 17

A method of producing a transgenic seed comprising injecting a recombinant Agrobacterium into the foloral tissues of a plant using a needleless-hypodermic injection device.

Claim 18

A method for producing a transgenic seed comprising injecting a Agrobacterium cells harboring a vector, comprising a gene capable of conferring a desired phenotypic trait, into the floral tissues of a plant before the division of the egg cell using a needleless-hypodermic injection device.

The United States patent 5 994 624 discloses

  • a method to transform floral or meristematic tissue in vivo by injecting with Agrobacterium with a needleless hypodermic injection device; and
  • a method to transform floral tissue before the division of the egg cell using the same procedure as above.

The transformed floral tissue develops normally, forming seeds after pollination. Seeds are grown to generate a F1 transformed progeny.

Although claim 1 says that the injection device can be adapted for the injection of small volumes of material in a precise manner without causing massive tissue damage, it does not have to be.  The specification, further, does not explicitly define what "massive tissue damage" is though it discloses that direct injection with a needle or particle bombardment can cause such damage.


Cotton Inc.

AU 752717

  • Earliest priority - 20 October 1997
  • Filed - 19 October 1998
  • Granted  - 26 September 2002
  • Patent reported as ceased - 27 May 2004

Title - In planta method for the production of transgenic plants

Claim 1

A method for producing a transformed plant including injecting a transforming agent comprising Agrobacterium cells harboring a vector having a nucleic acid molecule capable of conferring a desired phenotypic trait to a plant, into a plant floral or meristematic tissue using a needleless injection device which can be adapted for the injection of small volumes of material in a precise manner without causing massive tissue damage.

Claim 12

A method for producing a transgenic seed comprising injecting a recombinant Agrobacterium into the floral tissues of a plant using a needleless injection device which can be adapted for the injection of small volumes of material in a precise manner without causing massive tissue damage.

Claim 13

A method for producing a transgenic seed comprising injecting Agrobacterium cells harboring a vector, comprising a gene capable of conferring a desired phenotypic trait, into the floral tissues of a plant before the division of the egg cell using a needleless injection device.

Claim 14

An in planta germline transformation method including needleless injection of a transforming agent comprising an Agrobacterium vector, said injection being directly into a tissue including the floral or meristematic germline cells of said plant, said injection being selected as to pressure, volume and trajectory so as to limit penetration of said transforming agent to a region of said tissue whereby said germline cells are transformed without causing excessive tissue damage.

Claim 15

A method for producing a transformed plant or a transgenic seed substantially as herein described in the detailed description of the invention with reference to the drawings.

Unlike the US patent, the claims in the AU patent do not require that the needleless injection device be a hypodermic device.

As in the US patent, although claim 1 and 12 say that the needleless injection device can be adapted for the injection of small volumes of material in a precise manner without causing massive tissue damage, the claims don't require the injection device to have these features/functions.

The patent does not disclose what "excessive" tissue damage is other than to generally describe that it may occur through using a needle to inject a tissue.  The patent does not explicitly state that "excessive" tissue damage and "massive" tissue damage are the same.

Remarks

Related patent application in South Africa (ZA 9809517).

Note: Patent information on this page was last updated on 22 February 2006.

In planta transformation - patent application filed by Cotton Inc

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

EP 1025247
  • Earliest priority - 20 October 1997
  • Filed - 19 October 1998
  • Application deemed to be withdrawn - 4 August 2004

Title - In planta method for the production of transgenic plants

Claim 1

A method for producing a transformed plant comprising, injecting a transforming agent into a plant tissue using a needless injection device.

Claim23

A method for producing a transgenic seed comprising injecting a recombinant Agrobacterium into the floral tissues of a plant using a needleless-hypodermic injection device.

Claim 28

A method for producing a transgenic seed comprising injecting a DNA molecule comprising a gene capable of conferring a desired phenotypic trait into the floral tissues of a plant using a needleless-hypodermic injection device.

The European application EP 1 025 247 A1 also recites the transformation of floral tissues by injecting them with Agrobacterium. Additionally, it includes the injection of any transforming agent or DNA molecule having a gene of interest into the plant tissue.


Cotton Inc.

Remarks
  1. National phase entry of WO 1999/20776 in Canada (CA 2308702) is reported as lapsed on 19 October 2004.
  2. National phase entry of WO 1999/20776 in Japan (JP 2001520049) is pending.

Note: Patent information on this page was last updated on 22 February 2006.

Patent Application filed by Rhobio

RhoBio owns a patent for a method of in planta transformation using Agrobacterium.  According to the specification of this patent, the "target tissue" to be transformed "in its natural plant environment" is not limited to a particular tissue, but "may be any tissue which can be subsequently be placed in a tissue culture phase and a plant regenerated."  Jursidictions where the patents are currently in force include, but are not limited to, Europe (see designated States below) and Australia.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

EP 1171621 B1

  • Earliest priority - 19 April 1999
  • Filed - 19 April 2000
  • Granted - 7 December 2005
  • Expected expiry - 19 April 2020

Title - Plant transformation method

Claim 1

A transformation method comprising inoculation and co-cultivation of a target tissue, from a target plant, with Agrobacterium, at a time when the target tissue is in its natural plant environment, followed by generation of a transgenic plant via dedifferentiation and regeneration of the target tissue, wherein said inoculation is performed by injection of Agrobacterium into said tissue, with minimal damages to said tissue.

Claim 3

A transformation method comprising inoculation and co-cultivation of a target tissue, from a target plant, with Agrobacterium, at a time when the target tissue is in its natural plant environment, followed by generation of dedifferentiated tissue from the target tissue, wherein said inoculation is performed by injection of Agrobacterium into said tissue, with minimal damages to said tissue.

Claim 16

Use of Agrobacterium in a transformation method comprising inoculation and co-cultivation of a target tissue, from a target plant, with Agrobacterium, at a time when the target tissue is in its natural plant environment, followed by generation of transgenic plant material via dedifferentiation of the target tissue, wherein said inoculation is performed by injection of Agrobacterium into said tissue, with minimal damages to said tissue.

The patent does not describe what consitutes "minimal damage" to a tissue

Designated States at the time of grant are: Austria, Belgium, Switzerland, Cyprus, Germany, Denmark, Spain, Finland, France, United Kingdom, Greece, Ireland, Italy, Liechtenstein, Luxembourg, Monaco, Netherlands, Portugal, Sweden.

RhoBio

AU 775949 B2

  • Earliest priority - 19 April 1999
  • Filed - 19 April 2000
  • Granted - 19 August 2004
  • Expected expiry - 19 April 2020

Title - Plant transformation method

Claim 1

A transformation method comprising inoculation and co-cultivation of a target tissue, from a target plant, with Agrobacterium, at a time when the target tissue is in its natural plant environment, followed by generation of a transgenic plant via dedifferentiation and regeneration of the target tissue, after isolation and culture of said target tissue, wherein said inolucation is performed by injection of Agrobacterium into said tissue, with minimal damage to said tissue.

Claim 3

A transformation method comprising inoculation and co-cultivation of a target tissue, from a target plant, with Agrobacterium, at a time when the target tissue is in its natural plant environment, followed by generation of dedifferentiated tissue from the target tissue after isolation and culture of said target tissue, wherein said inoculation is performed by injection of Agrobacterium into said tissue, with minimal damage to said tissue.

Claim 15

Use of Agrobacterium in a transformation method comprising inoculation and co-cultivation of a target tissue, from a target plant, with Agrobacterium, at a time when the target tissue is in its natural plant environment, followed by generation of transgenic plant material via dedifferentiation of the target tissue, after isolation and culture of said target tissue, wherein said inoculation is performed by injection of Agrobacterium into said tissue, with minimal damage to said tissue.

WO 2000/63398

  • Earliest priority - 19 April 1999
  • Filed - 19 April 2000
  • OPI - 16 October 2000

Title - Plant transformation method

Claim 1

A transformation method comprising inoculation and co-cultivation of a target tissue, from a target plant, with Agrobacterium, at a time when the target tissue is in its natural plant environment, followed by generation of a transgenic plant via dedifferentiation and regeneration of the target tissue.

Claim 3

A transformation method comprising inoculation and co-cultivation of a target tissue, from a target plant, with Agrobacterium, at a time when the target tissue is in its natural environment, followed by generation of dedifferentiated tissue from the target tissue.

Claim 14

Use of Agrobacterium in a transformation method comprising inoculation and co-cultivation of a target tissue, from a target plant, with Agrobacterium, at a time when the target tissue is in its natural environment, followed by generation of transgenic plant material via dedifferentiation of the target tissue.

The PCT application WO 0063398 (equivalent to the European application EP 1 171 621 A1) includes claims to:

  • a method to transform a plant tissue in vivo by inoculating and co-cultivating Agrobacterium cells with the tissue. The transformed tissue is separated from the plant and submitted to a dedifferentiation and regeneration process.
Remarks
  1. National phase entry of WO 2000/66398 in Canada (CA 2369428) is pending.
  2. National phase entry of WO 2000/63398 in China (CN 1347457) is reported as withdrawn on 22 September 2004.
  3. National phase entry of WO 2000/63398 in Japan (JP 2002541853) is pending.
  4. Other national phase entries include Bulgaria (BG 106105), Brazil (BR 200011140), Czech Republic (CZ 20013744), Hungary (HU 200200926), Israel (IL 145686), Poland (PL 351895), and the United States.

Note: Patent information on this page was last updated on 23 February 2006.

Floral Transformation - patent granted to Paradigm Genetics Inc.

The invention disclosed in this patent comprises an alternative protocol to adjust the cell density of the Agrobacteria used in the transformation step. This method should be useful in high throughput transformation protocols.  According to the INPADOC patent family information, this patent is granted only in the United States.

Specific patent information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 6353155 B1

  • Earliest priority - 30 June 2000
  • Filed - 30 June 2000
  • Granted - 5 March 2002
  • Expected expiry - 30 June 2020

Title - Method for transforming plants

Claim 1

A method for preparing a transgenic plant or seed comprising:

a) growing a suspension of Agrobacterium cells until the optical density of the suspension is about 2 to about 2.4 at a wavelength of 600 nanometers, wherein said Agrobacterium cells contain at least one plasmid having a DNA sequence of interest flanked by T-DNA borders;
b) diluting said Agrobacterium cells of said suspension with an aqueous medium so that the optical density of the suspension is reduced to about 0.6 to about 1.5, wherein said diluting is not followed by pelleting via centrifugation with subsequent resuspension; and
c) treating the flower of said plant with said diluted suspension so that the Agrobacterium cells in said diluted suspension can transform said plant with the DNA-sequence of interest;
d) optionally, cultivating said treated plant to produce seed; and
e) optionally, growing plants from said seed and selecting for transgenic plants having said DNA sequence of interest.

Claim 10

A method for preparing a transgenic plant or seed comprising:

a) growing a suspension of Agrobacterium cells until growth of Agrobacterium cells in the suspension is substantially completed, wherein said Agrobacterium cells contain at least one plasmid having a DNA sequence of interest flanked by T-DNA borders;
b) diluting said suspension with an aqueous medium to reduce the concentration of Agrobacterium cells and any other components in the growth medium and allow the Agrobacterium cells to infect the plant without harming it, wherein said diluting is not followed by pelleting via centrifugation with subsequent resuspension;
c) treating the flower of said plant with said diluted suspension so that the Agrobacterium cells in said diluted suspension can transform said plant with the DNA-sequence of interest;
d) optionally, cultivating said treated plant to produce seed; and
e) optionally, growing plants from said seed and selecting for transgenic plants having said DNA sequence of interest.

Claim 17

A method for preparing a transgenic plant or seed comprising:

a) growing a suspension of Agrobacterium cells until growth of Agrobacterium cells in the suspension is substantially completed, wherein said Agrobacterium cells contains at least one plasmid having a DNA sequence of interest flanked by T-DNA borders;
b) diluting said Agrobacterium cells in said suspension with about 2 to about 10 volumes aqueous medium per volume of suspension, wherein said diluting is not followed by pelleting via centrifugation with subsequent resuspension;
c) treating the flower of said plant with said diluted suspension so that the Agrobacterium cells in said diluted suspension can transform said plant with the DNA-sequence of interest;
d) optionally, cultivating said treated plant to produce seed; and
e) optionally, growing plants from said seed and selecting for transgenic plants having said DNA sequence of interest.

United States patent US 6353155 claims

  • a method to transform floral tissue in vivo by treatment with an Agrobacterium cell suspension adjusted to a certain density by dilution with an aqueous solution.
  • The claims exclude pelleting by centrifugation after the dilution step, but not by other means.
  • Claim 10 states that Agrobacterium should be allowed to infect a plant without harming it.  The patent does not define what "harm" means.

The invention comprises an alternative protocol to adjust the cell density of the Agrobacteria used in the transformation step. According to the inventors, centrifugation and resuspension are avoided by direct dilution of the bacteria in an aqueous solution, thereby allowing sequential treatment of many more plants. The method is well-suited for the transformation of Arabidopsis thaliana (Brassicaceae), a model plant where such a high throughput transformation protocol might be required. No other plants are used in the only example provided as part of the patent specification.

Paradigm Genetics Inc.

Note: Patent information on this page was last updated on 23 February 2006.

Seed Transformation - patent application assigned to Scigen Harvest

PCT patent application WO 02/066599 discloses a method to transform plants by wounding pre-germinated seeds with needles and treating the wounded areas with Agrobacterium tumefaciens containing a vector with the desired gene.  The disclosure only describes wounding a cotyledonary node.

Specific Patent Application information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

WO 2002/066599

  • Earliest priority - 16 February 2001
  • Filed - 14 February 2002
  • OPI - 29 August 2002

Title - Efficient method for the development of transgenic plants by gene manipulation

Claim 1

A method for transforming plants, comprising the steps of:

1) selecting half a seed, which is germinated for one day as a target plant tissue;
2) wounding the target plant tissue using a bundle of needles;
3) inserting a target gene into the target plant tissue with Agrobacterium tumefaciens vector containing the target gene; and
4) regenerating a whole plant from the target plant tissue.

The claims cover

  •  wounding half a seed which is selected and germinated for a day and are not limited to wounding the node. 
  • In the examples, only soybean is transformed, but the independent claim is unrestricted in terms of plant family or species. Dependent claims recite a long list of commercially important crop plants, monocots and dicots.
  • Wounding must be done with a bundle of needles, though it's not clear how the needles are bundled (e.g., tied together?  collected in some other fashion?) and how many needles you need to form a bundle (more than two?).
  • Step 3) in claim 1 recites '... with Agrobacterium tumefaciens vector...', the claim is not limited to the use of Agrobacterium to provide this vector, although the disclosure describes no other way of providing the vector.

The numerous limitations in independent Claim 1 suggest various ways of inventing around a patent that might issue with this claim language, e.g., by using other than half a seed, pre-germinating for more or less than a day, wounding with one needle or using two or more needles which are not bundled. 

Scigen Harvest Co. Ltd

Remarks

Priority document published in Kuwait (KR 2002067303).

Note: Patent information on this page was last updated on 23 February 2006.

Seed Transformation - patent applications by The Agri-Biotechnology Research Center of Shanxi

The method disclosed in the following patent applications is based on wounding the apical meristem of the appearing bud in pre-germinated seeds. Although the patents only disclose how to transform one type of species, the independent claims cover methods of transforming plants from any family or species.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims
Assignee

US 2002/0184663 A1

  • Earliest priority - 26 February 2001
  • Filed - 19 February 2002
  • Application pending

Title - Method of Agrobacterium mediated plant transformation through treatment of germinating seeds

Claim 1

A plant transformation method mediated by Agrobacterium comprising:

(a) providing germinating seeds; and

(b) co-culturing the germinating seeds with an Agrobacterium strain containing Ti plasmids with an inserted nucleic acid sequence so that the foreign nucleic acid sequence carried by the Agrobacterium strain is transferred and integrated into the genome of the germinating seeds through Ti plasmids.

United States application US 2002/0184663 discloses

  • a method to transform plants by treating pre-germinated seed with Agrobacterium tumefaciens containing Ti plasmids with a desired gene.

As described in the disclosure, the method is based on wounding the apical meristem of the appearing bud. Independent Claim 1 does not require wounding, merely contacting Agrobacterium containing a Ti plasmid having a desired gene with germinating seeds. The source of the seeds is unrestricted in terms of family or species of plants, whereas only maize seeds are exemplified in the patent text.

Dependent claims recite monocots and dicots.

Agri-Biotechnology Research Center of Shanxi

EP 1 236 801 A2
  • Earliest priority - 26 February 2001
  • Filed - 25 February 2002
  • Application deemed withdrawn  - 2 January 2004

Title - Method of Agrobacterium mediated plant transformation through treatment of germinating seeds

Claim 1

A plant transformation method mediated by Agrobacterium, characterized in that germinating seeds were used as the receptors, an Agrobacterium strain containing Ti plasmids with an inserted nucleic acid sequence was used as the donor, the germinating seeds are co-cultured with the Agrobacterium strain so that the foreign nucleic acid sequence carried by the Agrobacterium strain can be transferred and integrated into the genome of the receptor through Ti plasmids.

Remarks
  1. Related application in Canada (CA 2372793) is pending.
  2. Related patent in China (CN 1149918) has been granted on 19 May 2004.

Note: Patent information on this page was last updated on 23 February 2006.

Binary Vectors

Overview

Binary vector systems include the most commonly used vectors devised for Agrobacterium gene transfer to plants. In these systems, the T-DNA region containing a gene of interest is contained in one vector and the vir region is located in a separate disarmed (without tumor-genes) Ti plasmid. The plasmids co-reside in Agrobacterium and remain independent.

We will now introduce you to the entities that have applied for, and in some cases, been granted patents on binary vectors for plant transformation via Agrobacterium.

The patent applications are characterized according to the following criteria:

Summary of patents on basic binary vectors and methods

Important patents relating to basic binary vectors, which essentially claim the basics of binary vectors, were granted to Mogen in the United States (two patents) and in Europe (one patent). Mogen is now called Syngenta Mogen B.V. and belongs to Syngenta Company.

The claims are very broad and encompass basically any two-vector system located in the same Agrobacterium strain having

as illustrated below. 

Vector_w_virregion

vector_w_tregion

A limitation of the claims in these patents is that the binary vectors are used for transformation of dicotyledonous (dicots) plants.

While it is difficult to form a conclusion that will apply to every reader, overall, these patents may encompass many transformation protocols in common use. In the United States and Europe, users of this binary vector system should keep these patents in mind when crafting a commercial research strategy.

Patents granted to Syngenta Mogen B.V.

The disclosed invention is directed to the transformation of dicots using an Agrobacterium carrying binary vectors where the T-DNA is located in one plasmid and the vir region is located in a different plasmid. The separation of the T-DNA and the vir region on two different plasmids is the basic principle of binary vector systems.  The two United States patents are still in force, while the European and Japanese patents have reached their maximum 20 year protection term from filing and therefore have expired.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 4940838

  • Earliest priority - 24 February 1983
  • Filed - 23 February 1984
  • Granted - 10 July 1990
  • Expected expiry - 10 July 2007

Title - Process for the incorporation of foreign DNA into the genome of dicotyledonous plants

Claim 1

A process for the incorporation of foreign DNA into chromosomes of dicotyledonous plants, comprising infecting the plants or incubating plant protoplasts with Agrobacterium bacteria, which contain plasmids, said Agrobacterium bacteria containing at least one plasmid having the vir-region of a Ti plasmid but no T-region, and at least one other plasmid having a T-region with incorporated therein foreign DNA but no vir-region.

Claim 13

A process for the production of Agrobacterium bacteria which contains at least one plasmid which has the vir-region of a Ti-plasmid but no T-region and at least one other plasmid which has a T-region with foreign DNA incorporated in it but no vir-region, comprising:

(a) using Escherichia coli as a host and incorporating foreign DNA into a plasmid therein which contains a T-region and a replicator having a broad bacterial host range
(b) introducing the resulting plasmid into Agrobacterium bacteria which contain at least one plasmid which has the vir-region of a Ti-plasmid but no T-region.

The United States patent 4 940 838 claims

  • an Agrobacterium having binary vectors where the T-DNA region and the vir region are located in two different plasmids. The plasmid that contains the T-region lacks the vir region, and vice versa. The vir region is fundamental for the transfer of the T-region into the plant genome.
  • the integration of foreign DNA into the genome of a dicot plant. The foreign DNA is located in the T-region

Syngenta Mogen B.V.

US 5464763

  • Earliest priority - 24 February 1983
  • Filed - 23 December 1993
  • Granted - 7 November 1995
  • Expected expiry - 10 July 1997

Title - Process for the incorporation of foreign DNA into the genome of dicotyledonous plants

Claim 1

A process for incorporating into the genome of dicotyledonous plants foreign DNA, comprising infecting the plants or plant cells or incubating plant protoplasts with Agrobacterium strains, which contain plasmids, said Agrobacterium strains containing at least one plasmid having the vir-region of a Ti plasmid but no T-region, and at least one other plasmid having a T-region but no vir-region, said T-region being composed of naturally occurring border sequences consisting of about 23 base pairs at the extremities of said T-region and only foreign DNA between said border sequences, the vir-region plasmid and the T-region plasmid containing no homology which could lead to cointegrate formation.

Claim 2

Agrobacterium strains, comprising at least one plasmid having the vir-region of a Ti plasmid but no T-region, and at least one other plasmid having a T-region but no vir-region, said T-region being composed of naturally occurring border sequences consisting of about 23 base pairs at the extremities of said T-region and only foreign DNA between said sequences, the vir-region plasmid and the T-region plasmid containing no homology which could lead to cointegrate formation.

Claim 3

A process for the production of Agrobacterium strains comprising at least one plasmid having the vir-region of a Ti plasmid but no T-region, and at least one other plasmid having a T-region but no vir-region, said T-region being composed of naturally occurring border sequences consisting of about 23 base pairs at the extremities of said T-region and only foreign DNA between said border sequences, the vir-region plasmid and the T-region plasmid containing no homology which could lead to cointegrate formation, said process comprising:

(a) incorporating non-Agrobacterium foreign DNA into a plasmid having a T-region and a replicator having a broad bacterial host range, wherein said foreign DNA becomes part of the T-region,

(b) cloning the resulting plasmid in Escherichia coli; and

(c) introducing the resulting plasmid into Agrobacterium strains which contain at least one plasmid which has the vir-region of a Ti-plasmid but no T-region.

Claim 12

A process for incorporating in the genome of dicotyledonous plants foreign DNA, comprising infecting the plants or plant cells or incubating plant protoplasts with Agrobacterium strains, which contain plasmids, said Agrobacterium strains containing at least one plasmid having the vir-region of a Ti-plasmid but no T-region, and at least one other plasmid having a single T-region but no vir-region, said single T-region being composed of naturally occurring border sequences at the extremities of said single T-region, the vir-region plasmid and the T-region plasmid containing no homology which could lead to cointegrate formation.

Granted US 5464763 is a continuation of US 07/550736 (now abandoned), which is a continuation of now granted US 4940838 (see above).

The United States patent US 5464763 includes the elements and methods claims of the United States patent US 4940838 and additionally claims

  • the presence of only foreign DNA between the 23 bp borders of the T-region, and
  • the absence of a region of homology between the plasmid having the T-region and the plasmid bearing the vir region that might lead to cointegrate formation. This characteristic is essential to maintain the two plasmids as individual molecules.

EP 120516

  • Earliest priority - 24 February 1983
  • Filed - 21 February 1984
  • Granted - 23 October 1991
  • Expired - 21 February 2004

Title - A process for the incorporation of foreign DNA into the genome of dicotyledonous plants; Agrobacterium tumefaciens bacteria and a process for the production thereof

Claim 1

A process for the incorporation of foreign DNA into chromosomes of dicotyledonous plants comprising infecting the plants or incubating plant protoplasts with Agrobacterium bacteria, which contain plasmids, said Agrobacterium bacteria containing at least one plasmid having the vir-region of a Ti-plasmid but no T-region, and at least one other plasmid having an artificial T-region with only foreign DNA between the 23 base pairs at the extremeties of the wild type T-region, but no vir-region, the vir-region plasmid and the T-region plasmid containing no homology which could lead to cointegrate formation.

Claim 2

Agrobacterium bacteria, comprising at least one plasmid having the vir-region of a Ti-plasmid but no T- region, and at least one other plasmid having an artificial T-region with only foreign DNA between the 23 base pairs at the extremeties of the wild type T-region, but no vir-region, the vir-region plasmid and the T-region plasmid containing no homology which could lead to cointegrate formation.

Designated States at the time of grant are: Austria (cancelled as reported on INPADOC), Belgium (expired as reported on INPADOC), Switzerland (ceased as reported on INPADOC), Germany, France, United Kingdom (expired as reported on INPADOC), Italy, Liechtenstein, Luxembourg, Netherlands (lapsed as reported on INPADOC), Sweden

The subject matter claimed in the European patent 120516 B1 is a combination of the claims of the United States patents. In the European patent, the T-region of one of the binary vectors is claimed as an artificial T-region, which contains only foreign DNA between the 23 bp T-border sequences.

Remarks

Related patents granted in Japan (JP 7036751 and JP 7046993, both expired on 23 February 2004 as reported by the Japan Patent Office).

Note: Patent information on this page was last updated on 24 February 2006.

Summary of patents on modified binary vectors and methods

Several patents claim inventions built on the basic components of the binary vector system and methods for their use. The patents referred under this section are:

A series of binary vectors have been devised to suit different needs in a plant transformation. Different origins of replication for a plasmid, the size of the insert a binary plasmid can carry and the size of the plasmid itself are among the features considered for the design of plasmids that are highly stable, easy to manipulate and transfer across diverse host bacteria. For example, origins of replication that allow low copy or high copy number of plasmids in a host cell are the subject of several granted patents and patent applications. Specifically United States patent 6165780 (as PDF) and its related patent and applications filed by The National Institute of Agrobiological Resources (Japan) are directed to binary shuttle vectors containing two different origins of replication that confer stability and a low copy number of plasmids in both E. coli and Agrobacterium host cells. One of the claimed binary vectors can be used to insert a clone from a genome library into a plant for a complementation test.

More patents referring to this topic are likely to appear in the future as new combinations of origins of replication, number of restriction sites, capacity of the vector in terms of length of the carried insert, and number and nature of marker and reporter genes are envisioned and assembled in vector molecules according to the purpose or requirements of the research.

We analyze here one of those patents that refer to a binary vector maintained as a single copy in E. coli as well as in Agrobacterium and capable of carrying a large genome fragment.

Remember that any of the inventions referred to are protected only in the countries or jurisdictions where the patent rights have been conferred.

Patents granted to Leiden University & Schilperoort

Disclosing binary vector systems, the following patents use an Agrobacterium having either the T-region or the vir region integrated in the chromosome of the bacterium. The target plants are dicots and monocot plants from the families Amaryllidaceae (e.g., onion, garlic) and Liliaceae (e.g., asparagus).

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 5149645

  • Earliest priority - 4 June 1984
  • Filed - 5 December 1989
  • Granted - 22 September 1992
  • Expected expiry - 4 December 2009

Title - Process for introducing foreign DNA into the genome of plants

Claim 1

Agrobacteria comprising a T-region and a vir-region in their DNA, the T-region being stably integrated into the bacterial chromosome.

Claim 2

Agrobacteria comprising a T-region and a vir-region in their DNA, the vir-region being stably integrated into the bacterial chromosome.

Claim 3

A process for the transfer of recombinant DNA into the cells or protoplasts of plants selected from the group consisting of dicotyledonous plants and monocotyledonous plants of the families Liliaceae and Amaryllidaceae, said process comprising infecting the plants or plant cells, or incubating protoplasts from the plants, with Agrobacterium bacteria which contain in their genetic material a vir-region from the Ti plasmid of Agrobacterium and at least one T-region, wherein said T-region comprises said recombinant DNA flanked on both sides by border sequences as present in wild-type of Agrobacterium, and wherein said vir-region is integrated into the chromosome of said Agrobacterium bacteria prior to said infecting or incubating step.

Claim 5

A process for the transfer of recombinant DNA into the cells or protoplasts of plants selected from the group consisting of dicotyledonous plants and monocotyledonous plants of the families Liliaceae and Amaryllidaceae, said process comprising infecting the plants or plant cells, or incubating protoplasts from the plants, with Agrobacterium bacteria which contain in their genetic material a vir-region from the Ti plasmid of Agrobacterium and at least one T-region, wherein said T-region comprises said recombinant DNA flanked on both sides by border sequences as present in wild-type T-region of Agrobacterium, and wherein each of said T-region is integrated into the chromosome of said Agrobacterium bacteria prior to said infecting or incubating step.

The United States patent 5 149 645 claims:

  • Agrobacterium having either a T-region or a vir region as part of the chromosome of the bacterium and further containing a T-region or vir region, respectively, as part of the Agrobacterium's DNA.  The claims to Agrobacterium don't exclude both the T-region and vir region being part of the bacterial chromosome. 
  • a process to transfer recombinant DNA that is part of a T-region in Agrobacterium into dicot cells and monocot cells of the families Amaryllidaceae and Liliaceae.
  • process claims require that the border sequences flanking the T-region/recombinant DNA are as present in wild-type Agrobacterium and so mutated sequences that nevertheless could function as border sequences might be outside of the scope of the claims in the US.

Leiden University and Schilperoort

EP 176112

  • Earliest priority - 4 June 1984
  • Filed - 3 June 1985
  • Granted - 16 May 1990
  • Expected expiry - 2 June 2005

Title - Process for introducing foreign DNA into the genome of plants

Claim 1

A process for the incorporation of foreign DNA into the genome of plants by infecting the plants or by incubating plant protoplasts with Agrobacterium bacteria, characterized in that Agrobacterium bacteria are used, which contain in their chromosome at least one T-region or a vir-region or both, on the understanding that in the first two cases the bacteria contain a plasmid comprising a vir-region or a T-region resp.

Claim 4

Agrobacterium bacteria containing in their chromosomes at least one T-region or a vir-region or both.

Designated States at the time of grant are: Austria (lapsed as reported by EPO), Belgium, Switzerland (lapsed as reported by EPO), Germany, France, United Kingdom (expired as reported by INPADOC), Italy, Liechtenstein (lapsed as reported by EPO), Luxembourg (lapsed as reported by EPO), Netherlands (lapsed as reported by INPADOC), Sweden (lapsed as reported by INPADOC)

In the European patent EP 176 112 B1, claims recite:

  • either a T-region or a vir region or both integrated into genome of Agrobacterium;
  • A process for transforming plants (any type) - wild-type T border sequences are not required in the broadest claim.

Remarks

Related patent granted in Japan (JP 2006294, term expired as reported by the Japan Patent Office).

Note: Patent information on this page was last updated on 24 February 2006.

Patents granted to Syngenta Mogen B.V.

The following United States and EP patents assigned to Syngenta Mogen B.V. are directed to the insertion of specific sequences into a target locus of a plant genome through homologous recombination. The gene of interest and the homologous sequences are part of a recombinant DNA engineered in a T-region of a Ti plasmid. The vir region is located in a different plasmid within Agrobacterium.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 5501967

  • Earliest priority - 26 July 1989
  • Filed - 6 July 1993
  • Granted - 26 March 1996
  • Expected expiry - 5 July 2013

Title - Process for the site-directed integration of DNA into the genome of plants

Claim 1

A process for introducing a defined DNA sequence in a selected target locus of a nuclear plant cell genome by integrating at least a part of a recombinant DNA into said genome through homologous recombination at the target locus, comprising the steps of:

a) coincubating plant protoplasts or plant cells under transforming conditions, with a strain of the genus Agrobacterium capable of T-region transfer and containing a plant transformation vector which comprises recombinant DNA of the formula:

US5501967c1gif

wherein boxes 1 and 7 are T-DNA border sequences, and wherein one of box 1 or 7 may be absent; and wherein box 3 comprises a DNA sequence sufficiently homologous to a DNA sequence inside the target locus and sufficiently long to promote homologous recombination; and wherein box 4 comprises a DNA sequence not homologous to sequences occurring in the target locus; and wherein the lines connecting the boxes shown may comprise any number of nucleotides or basepairs, and
b) identifying protoplasts or cells that have obtained the said defined DNA sequence in their genomes at said target locus.

Claim 4

A process for introducing a defined mutation in a selected target locus of a nuclear plant cell genome by integrating at least a part of a recombinant DNA into said genome through homologous recombination at the target locus, comprising the steps of:

a) coincubating plant protoplasts or plant cells under transforming conditions, with a strain of the genus Agrobacterium capable of T-region transfer and containing a plant transformation vector which comprises recombinant DNA of the formula:

US5501967c1gif

wherein boxes 1 and 7 are T-DNA border sequences, and wherein one of box 1 or 7 may be absent; and wherein box 3 comprises a DNA sequence sufficiently homologous to a DNA sequence inside the target locus and sufficiently long to promote homologous recombination; and wherein box 4 comprises a DNA sequence sufficiently homologous to promote homologous recombination with a corresponding sequence in the target locus and wherein box (4) comprises the said defined mutation; and wherein the lines connecting the boxes shown may comprise any number of nucleotides or basepairs, and
b) identifying protoplasts or cells that have obtained the said defined mutation in their genome at the said target locus.

Claim 9

A recombinant DNA capable of introducing a defined mutation in a selected target locus of a nuclear plant cell genome through homologous recombination at the target locus, which recombinant DNA has the formula:

US5501967c9gif

wherein box i comprises the said defined mutation; and wherein boxes 1 and 7 are T-DNA border sequences, and wherein one of box 1 or 7 may be absent; and wherein each of boxes 3 and 4 individually is a DNA sequence sufficiently homologous to a DNA sequence inside the target locus and sufficiently long to promote homologous recombination; and wherein the DNA sequences of the boxes 3 and 4 have the same 5'-to-3' orientation, but wherein said boxes 3 and 4 are rearranged with respect to the homologous sequences in the target locus.

The patent US 5 501 967 claims

  • methods to introduce a defined sequence or a desired mutation into a target locus in a plant genome using constructs having at least one T-border, a sequence homologous to a sequence in the plant target locus, a sequence which is not homologous to the plant target locus sequence or which is homologous but which has a defined mutation;
  • a recombinant DNA having the defined mutation or sequence in a plant transformation vector within Agrobacterium . The recombinant DNA also contains:

    (i) at least one T-border, and
    (ii) a sequence homologous to a sequence in the plant target locus.
    The sequence to be inserted in the target locus is located between the homologous sequences in the vector. These sequences are in the same orientation but they are rearranged with respect to the orientation of the homologous sequence in the target locus.

Syngenta Mogen B.V.

EP 436007

  • Earliest priority - 26 July 1989
  • Filed - 26 July 1990
  • Granted - 26 March 1997
  • Expected expiry - 25 July 2010

Title - Process for the site-directed integration of DNA into the genome of plants

Claim 1

A method for introducing a defined mutation in a selected target locus of a nuclear plant genome by integrating at least a part of a recombinant DNA into said genome through homologous recombination at the target locus, which recombinant DNA has the following general structure,

EP436007c1gif

in which the boxes 1 and 7 and the connecting lines represent DNA sequences that are capable of functioning as a T-DNA border in the DNA transfer process, in which box 1 or 7 may be absent but not both, in which box 3 comprises a DNA sequence which is sufficiently homologous to a DNA sequence inside the target locus and sufficiently long to promote homologous recombination, in which box 4 represents a DNA sequence that is not homologous to sequences occurring in the target locus, and in which the lines connecting the boxes may represent any number of basepairs, or no basepairs, and identifying transformants having the defined mutation in said target locus using known methods.

Claim 8

A recombinant DNA capable of integrating a part of itself into the genome of a plant host via homologous recombination at the target locus,

EP436007c8gif

in which the boxes 1 and 7 represent DNA sequences that are capable of functioning as a T-DNA border in the DNA transfer process, in which box 1 or 7 may be absent but not both, in which both box 3 and 4 represent DNA sequences which are sufficiently homologous and sufficiently long to promote homologous recombination with the target locus, in which the DNA sequences within the boxes have the same 5' to 3' orientation as in the target locus, but the order of the boxes themselves have been changed with respect to the situation in the target locus, resulting in insertion of box i in the target locus after homologous recombination, in which the lines connecting the boxes may represent any number of basepairs, or no basepairs.

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

Remarks

National phase entry of WO 1991/02070 in Japan (JP 3412134) has been published as granted on 3 June 2003.

Note: Patent information on this page was last updated on 24 February 2006.

Patents granted to Cornell

The patents disclose a vector (BiBAC) based on a bacterial artificial chromosome (BAC) and designed for Agrobacterium -mediated plant transformation.

The patents disclose that:

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 5733744

  • Earliest priority - 13 January 1995
  • Filed - 13 January 1995
  • Granted - 31 March 1998
  • Expected expiry - 30 March 2015

Title - Binary BAC vector

Claim 1

A vector for transferring heterologous DNA into a plant cell, said vector comprising:

  • a backbone which includes a first origin of replication for maintaining heterologous DNA as a single copy in an Escherichia coli host cell, and which further includes a second origin of replication for maintaining heterologous DNA as a single copy in an Agrobacterium tumefaciens host cell;
  • a unique restriction endonuclease cleavage site for insertion of heterologous DNA; and
  • left and right Agrobacterium T-DNA border sequences flanking said unique restriction endonuclease cleavage site, said left and right T-DNA border sequences allowing introduction of heterologous DNA located between said left and right T-DNA border sequences into a plant cell.

The United States patent US 5733744 claims elements of a vector for transferring heterologous DNA into a plant. The elements are:

  • two different origins of replication, one for Agrobacterium and the other one for E. coli, each maintaining a plasmid as a single copy;
  • a unique restriction site where the heterologous DNA is inserted; and
  • right and left Agrobacterium T-borders flanking the heterologous DNA.

The patent discloses that "maintenance as a single copy refers to a non-replicating cell, i.e. a cell not undergoing cell division; during cell division, the copy per cell increases to nearly two complete copies per cell.

It's not clear whether an "Agrobacterium T-border sequence" is one which must be found naturally in Agrobacterium.  The disclosure describes cloned sequences that were so derived.  A reading of the file history might be instructive.

Cornell

US 5977439

  • Earliest priority - 13 January 1995
  • Filed - 22 December 1997
  • Granted - 2 November 1999
  • Expected expiry - 21 December 2017

Title - Binary BAC vector

Claim 1

A method of making a transgenic plant transformed with a vector comprising:

(1) providing a vector comprising: a backbone which includes a first origin of replication capable of maintaining heterologous DNA as a single copy in an Escherichia coli host cell, and which further includes a second origin of replication capable of maintaining heterologous DNA as a single copy in an Agrobacterium tumefaciens host cell, a unique restriction endonuclease cleavage site for insertion of heterologous DNA, a heterologous DNA encoding a gene product inserted into the unique restriction site, and left and right Agrobacterium T-DNA border sequences flanking said unique restriction endonuclease cleavage site, said left and right T-DNA border sequences allowing introduction of heterologous DNA located between said left and right T-DNA border sequences into a plant cell;
(2) introducing said vector into plant cells; and
(3) propagating plants from said plant cells.

Claim 17

A method of introducing heterologous DNA into a plant cell comprising:

(1) providing a vector comprising: a backbone which includes a first origin of replication capable of maintaining heterologous DNA as a single copy in an Escherichia coli host cell, and which further includes a second origin of replication capable of maintaining heterologous DNA as a single copy in an Agrobacterium tumefaciens host cell, a unique restriction endonuclease cleavage site for insertion of heterologous DNA, a heterologous DNA encoding a gene product inserted into the unique restriction endonuclease cleavage site, and left and right Agrobacterium T-DNA border sequences flanking said unique restriction endonuclease cleavage site, said left and right T-DNA border sequences allowing introduction of heterologous DNA located between said left and right T-DNA border sequences into a plant cell; and
(2) introducing said vector into plant cells.

Methods for transforming a plant with the vector and obtaining transformed plants are claimed in the United States patent 5 977 439.

EP 805851 B1

  • Earliest priority - 13 January 1995
  • Filed - 11 January 1996
  • Granted - 26 May 2004
  • Expected expiry - 10 January 2016

Title - Binary BAC vector

Claim 1

A vector for transferring heterologous DNA into a plant cell, said vector comprising:

  • a backbone which includes a first origin of replication capable of maintaining heterologous DNA as a single copy in an Escherichia coli host cell, and which further includes a second origin of replication capable of maintaining heterologous DNA as a single copy in an Agrobacterium tumefaciens host cell;
  • a unique restriction endonuclease cleavage site for insertion of heterologous DNA; and
  • left and right Agrobacterium T-DNA border sequences flanking said unique restriction endonuclease cleavage site, said left and right T-DNA border sequences allowing introduction of heterologous DNA located between said left and right T-DNA border sequences into a plant cell.

Designated contracting States at the time of grant are: Austria (patent ceased as reported by EPO), Belgium (patent lapsed as reported by EPO), Switzerland (patent ceased as reported by INPADOC), Germany, Denmark (patent lapsed as reported by EPO), Spain (patent lapsed as reported by EPO), France, United Kingdom, Greece (patent lapsed as reported by EPO), Ireland (patent lapsed as reported by INPADOC), Italy, Liechtenstein (patent lapsed as reported by INPADOC), Luxembourg, Monaco (patent lapsed as reported by EPO), Netherlands (patent lapsed as reported by INPADOC), Portugal, Sweden (patent lapsed as reported by INPADOC).

EP 805851 A1
  • Earliest priority - 13 January 1995
  • Filed - 11 January 1996
  • Granted as EP 805851 (see above)

Title - Binary BAC vector

Claim 1

A vector for transferring heterologous DNA into a plant cell, said vector comprising:

  • a backbone which includes a first origin of replication capable of maintaining heterologous DNA as a single copy in an Escherichia coli host cell, and which further includes a second origin of replication capable of maintaining heterologous DNA as a single copy in an Agrobacterium tumefaciens host cell;
  • a unique restriction endonuclease cleavage site for insertion of heterologous DNA; and
  • left and right Agrobacterium T-DNA border sequences flanking said unique restriction endonuclease cleavage site, said left and right T-DNA border sequences allowing introduction of heterologous DNA located between said left and right T-DNA border sequences into a plant cell.
Remarks

National phase entry of WO 1996/21725 in Japan (JP H11/500306) is pending.

Note: Patent information on this page was last updated on 24 February 2006.

Granted patent and patent applications filed by Pioneer Hi-Bred Int.

The United States patent discloses a co-transformation method in which an Agrobacterium strain has two binary vectors, each of them carrying a T-DNA region with a different heterologous sequence, and a helper plasmid. A plant scorable marker used for the selection of the transformed plant tissue is one of the heterologous sequences that can be present in the T-DNA region. The heterologous regions integrate into the genome of a plant in an unlinked manner, facilitating the retention of the genes of interest and the elimination of undesirable genes in the progeny.

The PCT application, also converted into European, Canadian and Australian patents, are also directed to the same topic.

Patents on modified binary vectors and methods - Granted patent and patent applications filed by Pioneer Hi-Bred Int.

Claims in plain English

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 6265638

  • Earliest priority - 1 October 1998
  • Filed - 28 September 1999
  • Granted - 24 July 2001
  • Expected expiry - 27 September 2019

Title - Method of plant transformation

Claim 1

An Agrobacterium strain comprising a helper plasmid and at least two binary vector plasmids that are stably inherited, wherein each of said binary vector plasmids comprises at least one T-DNA region comprising a heterologous nucleotide sequence of interest.

Claim 12

A method for co-transformation of a plant with at least two unique heterologous nucleotide sequences of interest, said method comprising the steps of

a) contacting a tissue from said plant with an Agrobacterium strain comprising a helper plasmid and at least two binary vector plasmids that are stably inherited, wherein each of said binary vector plasmids comprises at least one T-DNA region, wherein each of said T-DNA regions comprises one of said unique nucleotide sequences, wherein at least one of said nucleotide sequences comprises at least an expression cassette comprising a plant scorable marker gene;
b) co-cultivating said tissue with said Agrobacterium;
c) culturing the tissue in a culture medium comprising an antibiotic capable of inhibiting the growth of Agrobacterium;
d) screening the tissue for expression of said plants scorable marker gene; and
e) regenerating a transformed plant from tissue that expresses said plant scorable marker gene.

The present United States patent claims:

  • an Agrobacterium strain having at least two binary vectors with T-DNA regions containing a heterologous sequence each (which are not necessarily genes and further, are not necessarily different sequences), and a helper plasmid; and
  • a method to co-transform a plant tissue by co-cultivating the tissue with an Agrobacterium strain as described above, where at least one of the heterologous sequences is an expression cassette comprising scorable marker and is used to screen for the transformed tissue. A transformed plant is regenerated from the selected transformed tissue.

Without specifying that limits of the heterologous sequences in claim 1, possible ambiguities arise.   For example, how large a sequence does a heterologous sequence have to be before it falls within the scope of the claim?  A single nucleotide? The claim also could cover scenarios where the two vectors each have identical heterologous sequences and so be anticipated by art to a single type of binary plasmid vector including a heterologous sequence provided with a helper plasmid.

Pioneer Hi-Bred International

EP 1117816

  • Earliest priority - 1 October 1998
  • Filed - 28 September 1999
  • Granted - 21 December 2005
  • Expected expiry - 27 September 2019

Title - Method of plant transformation

Claim 1

An Agrobacterium strain comprising a helper plasmid and at least two binary vector plasmids, wherein each of said binary vector plasmids comprises at least one T-DNA region comprising a heterologous nucleotide sequence of interest.

Claim 12

A method for co-transformation of a plant with at least two unique heterologous nucleotide sequences of interest, said method comprising the steps of:

a) contacting a tissue from said plant with an Agrobacterium strain comprising a helper plasmid and at least two binary vector plasmids, wherein each of said binary vector plasmids comprises at least one T-DNA region, wherein each of said T-DNA regions comprises one of said unique nucleotide sequences, wherein at least one of said nucleotide sequences comprises at least an expression cassette comprising a plant scorable marker gene;
b) co-cultivating said tissue with said Agrobacterium;
c) culturing the tissue in a culture medium comprising an antibiotic capable of inhibiting the growth of Agrobacterium;
d) screening the tissue for expression of said plant scorable marker gene; and
e) regenerating a transformed plant from tissue that expresses said plant scorable marker gene.

Designated contracting States at the time of grant are: Austria, Belgium, Switzerland, Cyprus, Germany, Denmark, Spain, Finland, France, United Kingdom, Greece, Ireland, Italy, Liechtenstein, Luxembourg, Monaco, Netherlands, Portugal, Sweden.

AU 764100

  • Earliest priority - 1 October 1998
  • Filed - 28 September 1999
  • Granted - 7 August 2003
  • Expected expiry - 27 September 2019

Title - Method of plant transformation

Claim 1

An Agrobacterium strain comprising a helper plasmid and at least two binary vector plasmids, wherein each of said binary vector plasmids comprises at least one T-DNA region comprising a heterologous nucleotide sequence of interest.

Claim 12

A method for co-transformation of a plant with at least two unique heterologous nucleotide sequences of interest, said method comprising the steps of:

a) contacting a tissue from said plant with an Agrobacterium strain comprising a helper plasmid and at least two binary vector plasmids, wherein each of said binary vector plasmids comprises at least one T-DNA region, wherein each of said T-DNA regions comprises one of said unique nucleotide sequences, wherein at least one of said nucleotide sequences comprises at least an expression cassette comprising a plant scorable marker gene;
b) co-cultivating said tissue with said Agrobacterium;
c) culturing the tissue in a culture medium comprising an antibiotic capable of inhibiting the growth of Agrobacterium;
d) screening the tissue for expression of said plant scorable marker gene; and
e) regenerating a transformed plant from tissue that expresses said plant scorable marker gene.

CA 2344700
  • Earliest priority - 1 October 1998
  • Filed - 28 September 1999
  • Granted - 29 March 2005
  • Expected expiry - 27 September 2019

Title - Method of plant transformation

Claim 1

An Agrobacterium strain comprising a helper plasmid and at least two binary vector plasmids, wherein each of said binary vector plasmids comprises at least one T-DNA region comprising a heterologous nucleotide sequence of interest.

Claim 12

A methid for co-transformation of a plant with at least two unique heterologous nucleotide sequences of interest, said method comprising the steps of:

a) contacting a tissue from said plant with an Agrobacterium strain comprising a helper plasmid and at least two binary vector plasmids, wherein each of said binary vector plasmids comprises at least one T-DNA region, wherein each of said T-DNA regions comprises one of said unique nucleotide sequences, wherein at least one of said nucleotide sequences comprises at least an expression cassette comprising a plant scorable marker gene;
b) co-cultivating said tissue with said Agrobacterium;
c) culturing the tissue in a culture medium comprising an antibiotic capable of inhibiting the growth of Agrobacterium;
d) screening the tissue for expression of said plants scorable marker gene; and
e) regenerating a transformed plant from tissue that expresses said plant scorable marker gene.

WO 2000/18939

  • Earliest priority - 1 October 1998
  • Filed - 28 September 1999
  • OPI - 14 September 2000

Title - Method of plant transformation

Claim 1

An Agrobacterium strain comprising a helper plasmid and at least two binary vector plasmids that are stably inherited, wherein each of said binary vector plasmids comprises at least one T-DNA region comprising a heterologous nucleotide sequence of interest.

Claim 12

A method for co-transformation of a plant with at least two unique heterologous nucleotide sequences of interest, said method comprising the steps of:

a) contacting a tissue from said plant with an Agrobacterium strain comprising a helper plasmid and at least two binary vector plasmids that are stably inherited, wherein each of said binary vector plasmids comprises at least one T-DNA region, wherein each of said T-DNA regions comprises one of said unique nucleotide sequences, wherein at least one of said nucleotide sequences comprises at least an expression cassette comprising a plant scorable marker gene;
b) co-cultivating said tissue with said Agrobacterium;
c) culturing the tissue in a culture medium comprising an antibiotic capable of inhibiting the growth of Agrobacterium;
d) screening the tissue for expression of said plants scorable marker gene; and
e) regenerating a transformed plant from tissue that expresses said plant scorable marker gene.

Note: Patent information on this page was last updated on 27 February 2006.

Co-integrated Vectors

Overview

In general, these vectors are constructed by recombining an Agrobacterium Ti plasmid lacking tumor-causing genes ("disarmed" Ti plasmid) and a small vector plasmid, which is engineered to carry a gene of interest between a right and a left T-DNA border of the T-DNA region (engineered or modified T-DNA region). Recombination takes place through a single crossover event between a homologous region present in both plasmids.

Although co-integrated vectors have become less popular in recent years due to some difficulties encountered in engineering them, they are still used to a certain extent when modified, for example, to allow site-specific recombination of the plasmids within the Agrobacterium genome.

The granted patents and patent applications directed to methods and components for the assembling of co-integrated vectors presented under this section are divided as follows:

Summary of patents on basic co-integrated vectors and methods

Max-Planck Society and Monsanto Company have both been granted basic patents on co-integrated vectors.

A co-integrated plasmid is the product of homologous recombination through a single crossover between a small plasmid of bacterial origin and an Agrobacterium Ti plasmid. In the patents filed by both entities, the resulting co-integrated plasmid or hybrid Ti plasmid contains at least:

Both entities claim two plasmids involved in the assembly of a co-integrated plasmid:

In addition, they both claim a homologous region present in both plasmid types through which the recombination of the plasmids takes place to form a co-integrated vector. The main difference lies in the source of the homologous DNA sequence:

In conclusion

Neither Max-Planck nor Monsanto has a patent in the United States. Until 2001, the United States did not publish patent applications and the application process is secret. Many rumors abound about possible interferences in the United States between Max-Planck and Monsanto. An interference is a procedure in which the inventor who is earliest-in-time is determined. That inventor is then awarded the patent. The interference process can be extremely lengthy. Thus, there may yet be a patent issuing in the United States.

Patents granted to Max-Planck

Two patents granted to the Max-Planck Society (Germany) related to basic forms of co-integrated vectors have issued in Europe (EP) and in Australia (AU).

In general, the claims of both patents are directed to the same invention:

The difference between the two patents lies in the way the claims are written. In the European patent, the plasmids are claimed as vector combinations. In the Australian patent, each vector that is part of the co-integration process is independently claimed.

Two European applications were directed to basic features of co-integrated vectors, both of which are now granted with amendments in the independent claims. One application disclosed a recombinant plant DNA that results from transformation with Agrobacterium having a hybrid vector that has a gene of interest.

The second application disclosed a non-oncogenic Ti plasmid and an intermediate vector used for the formation of a co-integrated vector. Either the plasmid or the vector contains a plant-expressible gene under the control of a promoter that is linked to at least a right T-DNA border.

Patents on basic co-integrated vectors and methods - Patents granted to Max-Planck

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

EP 116718 B2

  • Earliest priority - 13 January 1983
  • Filed - 22 December 1983
  • Granted - 8 May 1996
  • Expected expiry - 21 December 2003

Title - Process for the introduction of expressible genes into plant cell genomes and agrobacterium strains carrying hybrid Ti plasmid vectors useful for this process

Claim 1

A vector combination consisting of:

A) an acceptor Ti plasmid which is substantially free of internal T-DNA sequences of wild-type Ti plasmid and incapable of inducing tumors in plants comprising:
(i) the two border sequences of the T-region of the wild-type Ti plasmid;
(ii) a DNA sequence derived from a cloning vehicle, located between the two border sequences; and
(iii) a DNA segment of a wild type Ti plasmid containing DNA sequences essential for the transfer by Agrobacterium of the T-region of wild-type Ti plasmids into plant cell genomes, and

B) an intermediate cloning vector, said cloning vector comprising:
(i) at least one gene of interest under the control of a promoter capable of directing gene expression in plants; and
(ii) a cloning vehicle segment containing a DNA sequence which is homologous with the DNA sequence (ii) in said acceptor Ti plasmid permitting a single crossover event.

Claim 5

A vector combination consisting of:

A) an acceptor Ti plasmid which is incapable of inducing tumors in plants being free of border sequences and internal T-DNA sequences of a wild-type Ti plasmid, comprising:
(i) a DNA segment of a wild-type Ti plasmid without the T-region and without the two border sequences of the T-region; and
(ii) a DNA sequence derived from a cloning vehicle, and

B) an intermediate cloning vector comprising:
(i) a cloning vehicle segment containing the two border sequences of the T-region of a wild-type Ti plasmid; and
(ii) a DNA sequence located between said two border sequences which is homologous with the DNA sequence (ii) in said acceptor Ti plasmid permitting a single crossover event, wherein the region between said border sequences is substantially free of internal T-DNA sequences of a wild-type Ti plasmid; and
(iii) at least one gene of interest under the control of a promoter capable of directing gene expression in plants located between the two border sequences in a manner allowing its integration into the plant genome.

Claim 15

A hybrid Ti plasmid vector obtained by cointegration either between

A) an acceptor Ti plasmid which is incapable of inducing tumors in plants comprising:
(i) the two border sequences of the T-region of the wild-type Ti plasmid;
(ii) a DNA sequence devoid of oncogenic internal T-DNA regions of the wild-type T-DNA, derived from a cloning vehicle, located between the two border sequences, and containing a DNA sequence which is homologous with at least a part of a DNA sequence in an intermediate cloning vector permitting a single crossover event; and
(iii) a DNA segment of the wild-type Ti plasmid containing DNA sequences essential for the transfer by Agrobacterium of the T-region of wild-type Ti plasmids into plant cell genomes; and

B) an intermediate cloning vector comprising
(i) at least one gene of interest under the control of a promoter capable of directing gene expression in plants; and
(ii) a cloning vehicle segment containing a DNA sequence which is homologous with the above DNA sequence (ii) in the acceptor Ti plasmid; or between
I) an acceptor Ti plasmid comprising:
(a) a DNA segment of the wild-type Ti plasmid without the T-region and without the two border sequences of the T-region; and
(b) a DNA sequence derived from a cloning vehicle; and II) an intermediate cloning vector comprising:
(a) a cloning vehicle segment containing the two border sequences of the T-region of a wild-type Ti plasmid and a DNA sequence located between said two border sequences which is homologous with the above DNA sequence (b) in the acceptor Ti plasmid permitting a single crossover event, wherein the region between said border sequences is substantially free of internal T-DNA sequences of a wild-type Ti plasmid; and
(b) at least one gene of interest under the control of a promoter capable of directing gene expression in plants located between the two border sequences in a manner allowing its integration into the plant genome; III) said hybrid Ti plasmid vector comprising at least:
(1) the two border sequences in the T-region of a wild-type Ti plasmid;
(2) non-oncogenic DNA sequences derived from a cloning vehicle;
(3) a DNA segment of the wild-type Ti plasmid containing DNA sequences essential for the transfer of the T-region of wild type Ti plasmid by Agrobacterium into plant cell genomes; and
(4) at least one gene of interest under the control of a promoter capable of directing gene expression in plants which is located between the two border sequences.

Designated contracting States at the time of grant are: Austria, Belgium (patent lapsed as reported on INPADOC), Switzerland (patent lapsed as reported on INPADOC), Germany, France, United Kingdom (patent lapsed as reported on INPADOC), Italy, Liechtenstein, Luxembourg, Netherlands (patent lapsed as reported on INPADOC), Sweden (patent lapsed as reported on INPADOC).

The invention claimed in patent EP 116 718 B2 relates to vector combinations consisting of acceptor Ti plasmids and intermediate cloning vectors that result in the formation of a hybrid Ti plasmid. The hybrid plasmid is also claimed.

 In certain claims, the region between border sequences is said to be substantially free of internal T-DNA sequences of a wild type Ti plasmid.  How free "substantially free" is, is not defined in the disclosure.  Further, the claims do not exclude the presence of sequences from a mutated Ti plasmid.

The co-integration of both plasmid types is achieved through a single crossover event. The homologous region derives from a cloning vector and is present in both the acceptor plasmid and the intermediate cloning vector.

The resultant hybrid plasmid contains at least:

  • a gene of interest under the control of a promoter, located between two T-DNA borders which must be from a wild-type Ti plasmid; and
  • a DNA sequence from Ti plasmid that is essential for T-DNA transfer into the plant genome.

Max-Planck-Gesellschaft zur Förderung der Wissenschaften E.V.

AU 546542 B

  • Earliest priority - 13 January 1983
  • Filed - 13 January 1984
  • Granted - 5 September 1985
  • Patent expired - 12 August 2004

Title - Introduction of exressible genes into plant genomes and Agrobacterium strains carrying hybrid Ti plasmid

Claim 1

Acceptor Ti plasmid comprising: (i) two border sequences of the T-region of the wild-type Ti plasmid; and
(ii) a non-oncogenic DNA segment derived from a cloning vehicle located between the two border sequences containing a DNA sequence which is homologous with at least a part of a DNA in an intermediate cloning vector permitting a single crossover event; and
(iii) a segment of the wild type Ti plasmid containing DNA sequences essential for the transfer by Agrobacterium of the T-region of wild-type Ti plasmids into plant cell genomes.

Claim 2

Acceptor Ti plasmid comprising: (i) a DNA segment of a wild-type Ti plasmid without the T-region and without the two border sequences of the T-region; and
(ii) a DNA sequence derived from a cloning vehicle which is homologous with a DNA sequence of an intermediate cloning vector which contains the two border sequences of the T-region of the wild-type Ti plasmid.

Claim 9

Hybrid Ti plasmid vector comprising: (i) the two border sequences of the T-region of the wild-type Ti plasmid;
(ii) non-oncogenic DNA segments derived from a cloning vehicle;
(iii) a segment of the wild-type Ti plasmid containing DNA sequences essential for the transfer by Agrobacterium of the T-region of wild-type Ti plasmids into plant cell genomes; and
(iv) at least one gene of interest which is located between the two border sequences.

The patent AU-B-546 542 claims acceptor Ti plasmids and intermediate cloning vector molecules that through a single crossover event form a co-integrated or hybrid Ti plasmid. The hybrid plasmid contains a gene of interest located between two border sequences.

The resulting hybrid plasmid disclosed in both of the patents is incapable of inducing tumors in plants transformed via Agrobacterium; however, the "comprising" language used in the claims doesn't exclude the addition of oncogenic sequences.

EP 290799 B1

  • Earliest priority - 13 January 1983
  • Filed - 22 December 1983
  • Granted - 26 November 2003
  • Reprinted (B9) - 1 September 2004
  • Expected expiry - 21 December 2003

Title - Transgenic dicotyledonous plant cells and plants

Claim 1

A cell of a dicotyledonous plant, obtainable by Agrobacterium transformation, which contains stably integrated into its genome a foreign DNA which is characterised in that:

(a) it does not contain T-DNA genes that control neoplastic growth and it is substantially free of internal T-DNA sequences of a wild-type Ti-plasmid; and
(b) it comprises at least one gene of interest containing:
(i) a coding sequence; and
(ii) a promoter region that contains a promoter sequence other than the natural promoter sequence of said coding sequence, and wherein said promoter sequence regulates transcription of downstream sequences containing said coding sequence to produce an RNA in said cell.

This granted patent is a divisional of now granted EP 116718 (see above).

Designated contracting States at the time of grant are: Austria, Belgium (patent lapsed as reported on INPADOC), Switzerland (patent lapsed as reported on INPADOC), Germany, France, United Kingdom, Italy, Liechtenstein, Luxembourg, Netherlands (patent lapsed as reported on INPADOC), Sweden (patent lapsed as reported on INPADOC).

Independent claim 1 of granted EP 290799 B2 does not claim a co-integrated vector system (see application EP 290799 A2 below), but a transformed cell of a dicotoledonous plant that:

  1. is substantially free of T-DNA from a wild-type Ti plasmid (as above, the definition of term "substantially free" is unclear, and the construct could include T-DNA from a non-wild-type Ti plasmid),
  2. contains a gene of interest that has a coding sequence (so might not cover a siRNA-producing sequence), and
  3. a promoter that regulates expression of the gene of interest.

EP 320500 B1

  • Earliest priority - 13 January 1983
  • Filed - 22 December 1983
  • Granted - 17 November 2004
  • Expected expiry - 21 December 2003

Title - Non-oncogenic Ti plasmid vector system and recombinant DNA molecules for the introduction of expressible genes into plant cell genomes

Claim 1

A cloning vector which comprises:

(a) a cloning vehicle segment (3') containing a left border sequence (1) and a right border sequence (2) of a T-region of a wild-type Ti-plasmid, and
(b) a DNA segment which is located between said border sequences in a manner allowing its integration into a plant genome, wherein said DNA segment does not contain T-DNA genes that control neoplastic growth and wherein said DNA segment is substantially free of internal T-DNA sequences of a wild-type Ti-plasmid, except for promoter sequences, and which contains at least one gene of interest which comprises:
(i) a coding sequence, and
(ii) a promoter region that contains a promoter sequence other than the natural promoter sequence of said coding sequence, and wherein said promoter sequence regulates transcription of downstream sequences containing said coding sequence to produce an RNA in a cell of a plant.

Claim 9

A vector combination consisting of
(i) an acceptor Ti plasmid, which is incapable of inducing tumors in plants being free of border sequences and intemal T-DNA sequences of a wild-type Ti plasmid, comprising:
(a) a DNA segment (4) of a wild-type Ti plasmid without the T-region and without the two border sequences of the T-region; and
(b) a DNA sequence (3) derived from a cloning vehicle, and
(ii) an intermediate cloning vector comprising:
(c) a cloning vehicle segment (3') containing the two border sequences of the T-region of a wild-type Ti plasmid (1; 2) and a DNA sequence located outside of said two border sequences which is homologous with the DNA sequence (b) in said acceptor Ti plasmid permitting a single cross-over event wherein the region between said border sequences is substantially free of internal T-DNA sequences of a wild-type Ti plasmid; and
(d) at least one gene of interest (5) under the control of a promoter capable of directing gene expression in plants located between the two border sequences in a manner allowing its integration into the plant genome.

Claim 16

A hybrid Ti plasmid vector obtained by co-integration between an acceptor Ti plasmid comprising:
(a) a DNA segment (4) of a wild-type Ti plasmid without the T-region and without the two border sequences of the T-region; and
(b) a DNA sequence (3) derived from a cloning vehicle; and an intermediate cloning vector comprising:
(a') a cloning vehicle segment (3') containing the two border sequences of the T-region of a wild-type Ti plasmid (1; 2) and a DNA sequence located outside of said two border sequences which is homologous with the above DNA sequence (b) in the acceptor Ti plasmid permitting a single crossover event, wherein the region between said border sequences is substantially free of internal T-DNA sequences of a wild-type Ti plasmid; and

(b') at least one gene of interest (5) under the control of a promoter capable of directing gene expression in plants located between the two border sequences in a manner allowing its integration into the plant genome;

said hybrid Ti plasmid vector comprising at least:

(1) the two border sequences (1; 2) of the T-region of a wild-type Ti plasmid;

(2) non-oncogenic DNA sequences (3; 3') derived from a cloning vehicle;

(3) a DNA segment (4) of the wild-type Ti plasmid containing DNA sequences essential for the transfer of the T-region of wild-type Ti plasmids by Agrobacterium into plant cell genomes; and

(4) at least one gene of interest (5) under the control of a promoter capable of directing gene expression in plants which is located between the two border sequences (1; 2).

This granted patent is a divisional of now granted EP 116718 (see above).

Designated contracting States at the time of grant are: Austria (patent lapsed as reported on INPADOC), Belgium (patent lapsed as reported on INPADOC), Switzerland (patent lapsed as reported on INPADOC), Germany, France, United Kingdom, Italy, Liechtenstein, Luxembourg, Netherlands (patent lapsed as reported on INPADOC), Sweden.

EP 290799 A2
  • Earliest priority - 13 January 1983
  • Filed - 22 December 1983
  • Granted as EP 290799 B1 (see above)

Title - Process for the production of expressible genes into plant cell genomes and Agrobacterium strains carrying hybrid Ti plasmid vectors useful for this process

Claim 1

Recombinant plant DNA genome being free of oncogenic internal T-DNA regions of the wild-type Ti plasmid containing an integrated gene of interest foreign to said plant DNA obtainable by infecting a plant cell with an Agrobacterium harboring a hybrid Ti plasmid vector created by homologous recombination between:

A) an acceptor Ti plasmid which is incapable of inducing tumors in plants and comprises:
(i) the two border sequences of the T-region of the wild-type Ti plasmid;
(ii) a DNA segment devoid of oncogenic internal T-DNA regions of the wild-type T-DNA, derived from a cloning vehicle, located between the two border sequences, and containing a DNA sequence "A" which is homologous with at least a part of a DNA sequence in an intermediate cloning vector permitting a single crossover event; and
(iii) a segment of the wild-type Ti plasmid containing DNA sequences essential for the transfer by Agrobacterium of the T-region of wild-type Ti plasmid into plant cell genomes, and

B) an intermediate cloning vector which comprises:
(i) at least one gene of interest; and
(ii) a cloning vehicle segment containing a DNA sequence which is homologous to the DNA sequence "A" in said acceptor Ti plasmid,
or a hybrid Ti plasmid vector created by homologous recombination between:
I) an acceptor Ti plasmid which is incapable of inducing tumors in plants and which comprises:
(a) a DNA segment of a wild-type Ti plasmid without the T-region and without the two border sequences of the T-region; and
(b) a DNA sequence derived from a cloning vehicle which is homologous with at least a part of a DNA sequence of an intermediate cloning vector which contains the two border sequences of the T-region of the wild-type Ti plasmid, and II) an intermediate cloning vector which comprises:
(a) a cloning vehicle segment containing the two border sequences of the T-region of the wild-type Ti plasmid and a DNA sequence which is homologous with the DNA sequence (b) in said acceptor Ti plasmid; and
(b) at least one gene of interest located between the two border sequences in a manner allowing its integration into the plant genome; said hybrid Ti plasmid comprising at least:
1) the two border sequences of the T-region of the wild-type Ti plasmid;
2) non-oncogenic DNA segments derived from a cloning vehicle;
3) a segment of the wild-type Ti plasmid containing DNA sequences essential for the transfer by Agrobacterium of the T-region of wild-type Ti plasmid into plant cell genomes, and
4) at least one gene of interest which is located between the two border sequences.

The European application EP 290 799 A2 claims a recombinant plant genome obtained after infection of plant cells with an Agrobacterium strain having a hybrid Ti plasmid. The recombinant genome contains an exogenous gene of interest and is free of oncogenic sequences. The hybrid plasmid is the product of homologous recombination between an acceptor plasmid and an intermediate cloning vector. The elements of the combined acceptor plasmids and intermediate cloning vectors are set out in Claim 1.

EP 320500 A2
  • Earliest priority - 13 January 1983
  • Filed - 22 December 1983
  • Granted as EP 320500 B1 (see above)

Title - Non-oncogenic Ti plasmid vector system and recombinant DNA molecules for the introduction of expressible genes into plant cell genomes

Claim 1

A non-oncogenic Ti plasmid vector system free of T-DNA genes controlling neoplastic growth of transformed plants which comprises:

(i) DNA sequences coding for functions which are essential for the transfer of the T-region of a wild-type Ti plasmid by Agrobacterium into a plant cell genome; and
(ii) at least one gene of interest which has been inserted into said vector system and which is capable of being expressed in plants which are susceptible to infection by Agrobacterium,
said gene being under the control of at least one promoter capable of directing the expression of said gene in the plant and associated with at least the right border sequence of the T-region of a wild-type Ti plasmid, said border sequence allowing the integration of said gene into the plant genome.

Claim 4

An intermediate cloning vector comprising:

(i) a cloning vehicle segment containing the right border sequence of the T-region of a wild-type Ti plasmid and a DNA sequence which is homologous with a DNA sequence in an acceptor Ti plasmid; and
(ii) at least one gene of interest under the control of a promoter capable of directing gene expression in plants which is associated with said border sequence in a manner allowing its integration into the plant genome.

The European application EP 320 500 A2 claims a non-oncogenic Ti plasmid vector containing a gene of interest and its controlling promoter associated with at least the right border of the wild type T-region. The border allows the integration of the gene into the plant genome. Also, the Ti plasmid contains the sequences needed for transfer of T-region into plant genome (claim 1).

In another independent claim, a gene of interest and its promoter that is associated with a right T-border are contained in an intermediate cloning vector (claim 4).

Remarks
  1. Related patent of EP 116718 B2 in Canada (CA 1341419) has been granted.
  2. Related patent of EP 116718 B2 in Japan and their status are:
  • JP 1633546 C - granted and expired
  • JP 2726267 B2 - granted and expired
  • JP 2769539 B2 (divisional of now granted JP 1633546) - granted and expired
  • JP (H)03/108478 A (divisional of now granted JP 2769539) - application rejected
  • JP (H)06/105629 A (divisional of now granted JP 2769539) - application rejected
  • JP 2001/029092 A (divisional of JP (H)06/105629 A) - application rejected

Note: Patent information on this page was last updated on 28 February 2006.

Patents granted to Monsanto

Monsanto Company has been granted three patents related to co-integrated vectors in Europe (EP) and in Australia (AU). These patents are:

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

EP 131620 B1

  • Earliest priority - 17 January 1983
  • Filed - 16 January 1984
  • Granted - 21 August 1991
  • Expected expiry - 16 January 2004

Title - Genetically transformed plants

Claim 1

A method for transforming plant cell which comprises

  • contacting plant cells, which are susceptible to genetic transformation by Agrobacterium cells, with Agrobacterium tumefaciens cells containing a co-integrated Ti plasmid comprising a disarmed T-DNA region which comprises in sequence:

(i) a left Agrobacterium T-DNA border sequence,
(ii) a chimeric selectable marker gene which functions in plant cells comprising: (a) a promoter which functions in plant cells;
(b) a structural coding sequence encoding a neomycin phosphotransferase; and
(c) a 3í non-translated region encoding a polyadenylation signal, and (iii) a right Agrobacterium T-DNA border sequence.

Designated contracting States at the time of grant are: Austria (patent lapsed as reported by INPADOC), Belgium, Switzerland (patent lapsed as reported by INPADOC), Germany, France (patent lapsed as reported by INPADOC), United Kingdom (patent lapsed as reported by INPADOC), Liechtenstein, Luxembourg, Netherlands (patent lapsed as reported by INPADOC), Sweden (patent lapsed as reported by INPADOC)

The patents EP 131 620 B1 and AU-B-559 562 are both directed to methods for transforming plant cells. The patent EP 131 620 B1 claims transformation methods by contacting plant cells with Agrobacterium harboring a co-integrated plasmid. The AU-B-559 562 patent further specifies a series of steps to carry out such transformation.
In addition, both of the patents claim elements of the co-integrated plasmid used in the transformation process. One of the differences between them is that the EP 131 620 B1 limits the gene to be expressed in plants to a chimeric selectable marker gene that includes:

  • a promoter,
  • a sequence coding for neomycin phosphotransferase; and
  • a polyadenylation signal coding sequence.

Monsanto

AU-B 559562
  • Earliest priority - 17 January 1983
  • Filed - 16 January 1984
  • Granted - 12 March 1987
  • Patent expired - 14 August 2003

Title - Genetically transformed plants

Claim 1

A method of creating transformed plant cells, comprising the following steps:

(i) culturing a microorganism containing

  • a first plasmid containing:

(a) at least one first gene that is expressed in plant cells and
(b) at least one second gene which serves as a marker in a selected microorganism, and

  • a Ti second plasmid, under conditions which allow the first plasmid to recombine with the Ti second plasmid in the microorganism, thereby creating a third plasmid having at least one T-DNA border on each side of the first gene, said gene being located in said first plasmid between a region of homology from the T-region of the Ti plasmid and a T-DNA border;

(ii) selecting those microorganisms containing the third plasmid;
(iii) inserting the third plasmid, or a portion thereof, into plant cells; and
(iv) culturing the plant cells under conditions which allow a segment of DNA from the third plasmid to be inserted into the genome of the plant cells.

Claim 13

A method of transforming plant cells, comprising

  • inserting into the plant cells a co-integrated plasmid, or a portion thereof, which was formed by a single crossover event between a first plasmid and a Ti second plasmid, wherein the co-integrated plasmid contains a region comprising:

(i) a first T-DNA border;
(ii) a gene which expressed in plant cells; and
(iii) a second T-DNA border which is complementary to the first T-DNA border,
wherein the region does not contain any sequences which would render the plant cells incapable of being regenerated into morphologically normal plants.

Remarks on related patents of WO 1984/02920:

  • WO 1984/02920 entered national phase in Japan (JP (S)60/500795) and Union of Soviet Socialist Republics (SU 1582990).

EP 131624 B1

  • Earliest priority - 17 January 1983
  • Filed - 16 January 1984
  • Granted - 16 September 1992
  • Expected expiry - 15 January 2004

Title - Plasmids for transforming plant cells

Claim1

A co-integrated plasmid for use in transforming plant cells, and produced by recombination by a single crossover event of:

A) a chimeric plasmid comprising a gene which functions in plants to express an encoded polypeptide, said plasmid comprising in sequence:

(i) a region of DNA which is homologous to T-DNA located near the left T-DNA border of a tumor-inducing plasmid of Agrobacterium and which is capable of causing in vivo recombination of the chimeric plasmid with said tumor-inducing plasmid of Agrobacterium by a single crossover event;
(ii) a gene comprising a promoter which functions in plant cells, a structural coding sequence and a 3í non-translated region encoding a polyadenylation signal, said promoter and polyadenylation signal being operably linked to said structural coding sequence; and
(iii) an Agrobacterium plasmid T-DNA right border sequence which enables the transfer and incorporation of T-DNA into the genome of a plant cell;
said chimeric plasmid containing no plant tumorigenic genes between and including the region (i), the gene (ii) and the border sequence (iii), and

B) a Ti plasmid capable of transferring the T-DNA region into the genome of a plant cell,

such that the co-integrated plasmid comprises a T-DNA region having the following elements in sequence:
1) a left T-DNA border sequence;
2) the gene (ii) of the chimeric plasmid;
3) at least one right T-DNA border sequence;
wherein said T-DNA border sequences enable the transfer of the T-DNA region into the genome of a plant cell, and wherein, between and including the left T-DNA border sequence, the gene (ii) and the right T-DNA border sequence or (if there is more than one right T-DNA border sequence) between the gene (ii) and the right T-DNA border sequence which is nearest to the left T-DNA border sequence, there are no genes which would render a transformed plant cell tumorous or incapable of regeneration into a morphologically normal plant, and there is no duplication of DNA sequences, which duplication could, through homologous recombination, result in loss of the gene (ii).

Designated contracting States at the time of grant are: Austria (patent lapsed as reported by INPADOC), Belgium, Switzerland (patent lapsed as reported by INPADOC), Germany, France (patent lapsed as reported by INPADOC), United Kingdom (patent lapsed as reported by INPADOC), Liechtenstein, Luxembourg, Netherlands (patent lapsed as reported by INPADOC), Sweden (patent lapsed as reported by INPADOC)

The patent EP 131 624 B1 claims elements of a chimeric plasmid that produce a co-integrated plasmid by recombination with a Ti plasmid. The chimeric plasmid comprises in order:

  1. a left-inside homology (LIH) region, which is naturally located near the left T-DNA border of a Ti plasmid
  2. a gene of interest with a promoter and a polyadenylation signal; and
  3. a right T-DNA border

The elements present in the T-region of the co-integrated plasmid are also part of the claims.

Remarks on related patents of WO1984/02919:

  • WO 1984/02919 entered national phase in Japan (JP (S)60/500438)

Note: Patent information on this page was last updated on 1 March 2006.

Summary of patents on modified co-integrated vectors and methods

Several entities own inventions built on the basic components of co-integrated vectors and the basic methods to assemble them. Three different inventions are referred to in this section:

Table of patents on modified co-integrated vectors

The following table presents an overview of six patents and patent applications that claim co-integrated vectors having variations on their basic elements.

This analysis is limited by being based only upon the published specification and claims of the issued patents and patent applications.

Assigned to Schilperoort & Hille
Issued Patents Overview

US 4693976

Method for incorporating foreign DNA into a dicot genome via A. tumefaciens using a stable co-integrated plasmid. The co-integrated plasmid, composed of a Ti-plasmid (pTiB6) and a broad host range plasmid (R772), contains foreign DNA in the T-region of the Ti component of the co-integrated plasmid. The insertion of the new genes into the T-region of the R::Ti co-integrate is achieved by homologous recombination of an engineered E.coli vector with a modified T-region and the R::Ti co-integrate.

EP 120515 B1
Process for incorporating foreign DNA into a dicot genome by infecting plant protoplasts with A. tumefaciens containing a plasmid derived from the co-integrated plasmid pAL969. Such plasmid contains only foreign DNA between the 23 base pairs of the wild-type T-region from the Ti plasmid pTiB6.

More detailed information on these patents.

Assigned to Syngenta Mogen B.V.
Issued Patents Overview

US 5635381

Agrobacterium strains having a site-specific recombinase (Cre) capable of causing recombination between two different recombination sites (i.e. loxP site) present in the same strains. The site-specific recombination event between two separated DNA molecules each carrying a recombination site results in the formation of a site-specific co-integrated plasmid.

EP 628082 B1
This recently granted patent (former application EP 628082 A1 ) is directed to an Agrobacterium strain having a gene encoding a recombinase and a sequence capable of controlling its expression. The recombinase causes site-specific recombination between two recombination sites. The scope of the claims as granted is the same as the claims filed in the EP application.

More detailed information on these patents.

Assigned to Japan Tobacco Inc.
Issued Patents Overview Patent Applications Overview

US 5731179

Method for co-transforming plant cells with two T-DNAs via Agrobacterium where the first T-DNA contains a selectable marker, and the second T-DNA has a gene of interest. Either both T-DNAs are located in the same hybrid vector or at least the second T-DNA is in a hybrid vector, which is the product of homologous recombination between an acceptor vector and an intermediate vector.

More detailed information on this patent.

EP 687 730 A1

Method for co-transforming plant cells with a first T-DNA containing a drug resistance gene and a second T-DNA containing a desired gene and contained in a hybrid vector prepared by homologous recombination between an acceptor vector and an intermediate vector. A hybrid vector with a first T-DNA as described and a second T-DNA with a cloning site is further claimed.

More detailed information on this patent.

Patents granted to Schilperoort & Hille

Two patents granted to Schilperoort & Hille are related to transformation of dicotyledonous (dicot) plants using stable co-integrated plasmids. The granted patents were obtained in Europe (EP) and in the United States of America (US). The European patent was assigned to the University of Leiden and Prof. Dr. R. Schilperoort.

In general, both patents disclose transformation of dicot plant protoplasts by infecting them with an A. tumefaciens strain containing a stable co-integrated plasmid. The co-integrated plasmid results from the combination of the Ti plasmid pTiB6 and the broad host range plasmid R772. In the European patent, the A. tumefaciens strain used for plant transformation contains a plasmid derived from the co-integrated plasmid pAL969, which has a T-region from pTiB6 and contains only foreign DNA between the border sequences.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 4693976

  • Earliest priority - 24 February 1983
  • Filed - 23 February 1984
  • Granted - 15 September 1987
  • Expected expiry - 14 September 2007

Title - Process for the incorporation of foreign DNA into the genome of dicotyledonous plants using stable cointegrate plasmids

Claim 1

A process for the incorporation of foreign DNA into the genome of dicotyledonous plants comprising

  • infecting the plants or incubating plant protoplasts with A. tumefaciens bacteria, which contain one or more Ti (tumor inducing) plasmids, characterized in that as Ti plasmid a stable co-integrated plasmid composed of the plasmid R772 and the plasmid pTiB6 with foreign DNA incorporated in the T-region of the Ti component of the co-integrated plasmid is applied.
Claim 3

A process for the production of Agrobacterium tumefaciens bacteria, which contain one or more Ti plasmids, comprising

  • combining in Escherichia coli a vector known per se for use in E. coli, provided with T-DNA region in which foreign DNA has been incorporated, with co-integrated plasmid pAL969 and the co-integrated plasmid with foreign DNA incorporated by double crossing-over in the T-region of the Ti component of transferring the co-integrated plasmid to A. tumefaciens.

Claims of the US patent 4693976 recite

  • the incorporation of foreign DNA into the dicot genome by infecting or incubating plant protoplasts with A. tumefaciens having a stable co-integrated plasmid (R772::pTiB6). Such plasmid bears a modified T-region with foreign DNA. The co-integrated is formed within E. coli by homologous recombination (double crossing) of R772, a broad host range plasmid, and pTiB6, a Ti plasmid with an engineered T-region.
  • the process for the production of A. tumefaciens bacteria comprising:
    1. combining in E. coli a vector having a T-region with foreign DNA and the co-integrated plasmid pAL969; and
    2. transferring the recombinant to A. tumefaciens.

Schilperoort & Hille

EP 120515 B1

  • Earliest priority - 24 February 1983
  • Filed - 23 February 1984
  • Granted - 22 November 1990
  • Expected expiry - 22 February 2004

Title - A process for the incorporation of foreign DNA into the genome of dicotyledonous plants; a process for the production of Agrobacterium tumefaciens bacteria

Claim 1

A process for the incorporation of foreign DNA into the genome of dicotyledonous plants comprising

  • infecting the plants or incubating plant protoplasts with Agrobacterium tumefaciens bacteria containing at least one plasmid which is derived from the co-integrated plasmid pAL969 by the incorporation of foreign DNA in the T-region of the component pTiB6 characterized in that the co-integrated plasmid with foreign DNA contains only foreign DNA between the 23 base pairs of the wild-type T-region.

Designated contracting States at the time of grant are: Austria, Belgium (patent lapsed as reported by INPADOC), Switzerland (patent lapsed as reported by INPADOC), Germany, France, United Kingdom (patent lapsed as reported by INPADOC), Italy, Liechtenstein, Luxembourg, Netherlands (patent lapsed as reported by INPADOC), Sweden (patent lapsed as reported by INPADOC)

The claims of the patent EP 120515 recite:

  • a process for foreign DNA incorporation into a dicot genome by infecting plant protoplasts with A. tumefaciens containing a plasmid derived from the co-integrated plasmid pAL969. The transferred plasmid contains only foreign DNA between the 23 bp ends of the wild-type T-region of the Ti plasmid pTiB6.

University of Leiden and Schilperoort

Remarks

Related patents include:

  • JP 2523468 B2 - granted and expired

  • JP 2528270 B2 (divisional of now granted JP 2523468 B2) - granted and expired

  • NL 8300699 A - application lapsed as reported by INPADOC

Note: Patent information on this page was last updated on 1 March 2006.

Patent granted to Mogen Int. (now Syngenta Mogen B.V.)

The United States patent granted to Syngenta Mogen B.V., is directed to the use of a Cre (c ausing recombination)-recombinase capable of causing site-specific recombination of two separated DNA molecules present in the same Agrobacterium strain. The resulting plasmid is a co-integrated plasmid having a gene of interest and is useful for plant transformation.

The related European patent is similar to the United States patent as both disclose a site-specific recombination system for the generation of a site-specific co-integrated plasmid for plant transformation. In the European patent, however, the recombinase is not limited to Cre recombinase.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 5635381

  • Earliest priority - 26 February 1992
  • Filed - 20 January 1995
  • Granted - 3 June 1997
  • Expected expiry - 19 January 2015

Title - Agrobacterium bacteria capable of site-specific recombination

Claim 1

An Agrobacterium strain comprising: (i) a structural DNA sequence encoding a site-specific recombinase that is Cre recombinase; and

(ii) a DNA sequence linked thereto which operationally controls expression of said Cre recombinase, said strain further comprising
(iii) a first recombination site.

The patent discloses that a first plasmid bearing a recombination site combines, in a site-specific fashion, with a second plasmid also bearing a recombination site to generate a site-specific co-integrated plasmid. The second plasmid contains a gene of interest linked to a right T-border. The production of the co-integrated plasmid does not require homologous recombination. The Agrobacterium strains used for plant transformation contain the site-specific co-integrated plasmid with the exogenous DNA to plants.

The patent claims an Agrobacterium strain with

  • a DNA sequence encoding Cre recombinase linked to a sequence that controls its expression and
  • a first recombination site (which can be on a plasmid or in the genome).

The claim is a bit ambigious in that it doesn't state that the recombination site is necessarily recognized by the Cre recombinase, though the specification discloses that an exemplary site is a loxP seqence.

Syngenta Mogen B.V.

EP 628082 B1

  • Earliest priority - 26 February 1992
  • Filed - 25 February 1993
  • Granted - 16 May 2001
  • Expected expiry - 24 February 2013

Title - Agrobacterium strains capable of site-specific recombination

Claim 1

An Agrobacterium strain capable of producing a site-specific recombinase capable of effecting site-specific recombination of a first and second recombination site in said Agrobacterium strain, when present therein, comprising a structural DNA sequence encoding said recombinase and a DNA sequence capable of controlling expression in said Agrobacterium strain.

Designated contracting States at the time of grant are: Austria (patent lapsed as reported by INPADOC), Belgium, Switzerland, Germany, Denmark (patent lapsed as reported by INPADOC), Spain, France, United Kingdom, Greece, Ireland (patent lapsed as reported by INPADOC), Italy, Liechtenstein, Luxembourg, Monaco, Netherlands, Portugal, Sweden (patent lapsed as reported by INPADOC).

Both of Syngenta Mogen's patents in the United States and in Europe encompass Agrobacterium strains having a plasmid with a gene encoding a recombinase, a sequence to control its expression, vir functions, and a first recombination site.

Unlike the United States patent, the claims of the European patent are broader as the recombinase is not limited to a Cre recombinase. Other site-specific recombinases may be encompassed by the European patent claims.  The European patent does explicitly claim that the recombinase can mediate recombination between the first recombination site and a second recombination site but claim 1 does not require that the first or second site be on a plasmid.

Note: Patent information on this page was last updated on 1 March 2006.

Patent granted to Japan Tobacco Inc.

The United States patent granted to Japan Tobacco discloses a method commonly called co-transformation. In this method, two T-DNAs containing genes that encode different products (e.g. gene of interest and selectable marker) are inserted into the plant genome via Agrobacterium. The method results in transformed plants having the gene of interest and lacking the selectable marker gene.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 5731179

  • Earliest priority - 8 December 1993
  • Filed - 8 August 1995
  • Granted -24 March 1998
  • Expected expiry - 7 August 2015

Title - Method for introducing two T-DNAs into plants and vectors therefor

Claim 1

A method for transforming and cultivating a plant using a bacterium belonging to the genus Agrobacterium, comprising:

co-transforming plant cells with a first T-DNA (1) and a second T-DNA (2); and

selecting cells based on a selection marker gene;

said first T-DNA (1) containing a selection marker gene which functions in said plant;

said second T-DNA (2) containing a desired DNA fragment to be introduced into said plant, the second T-DNA (2) being contained in a hybrid vector; said hybrid vector being prepared by homologous recombination between an acceptor vector and an intermediate vector in said bacterium belonging to the genus Agrobacterium; said acceptor vector containing at least

   (a) a DNA region having a replication origin allowing replication of a plasmid in both a bacterium belonging to the genus Agrobacterium and in Escherichia coli,

   (b) a DNA region containing virB gene and virG gene in virulence region of Ti plasmid pTiBo542 of Agrobacterium tumefaciens, and

   (c) a DNA region which is homologous with a part of said intermediate vector, which is subjected to homologous recombination in said bacterium belonging to the genus Agrobacterium; said intermediate vector containing at least

      (i) a DNA region having a replication origin allowing replication of a plasmid in Escherichia coli, which does not function in said bacterium belonging to the genus Agrobacterium,

      (ii) a DNA region which is homologous with a part of said acceptor vector, which is subjected to homologous recombination in said bacterium belonging to the genus Agrobacterium, and

      (iii) a DNA region which constitutes at least a part of said second T-DNA;

obtaining a plant transformed with said selection marker gene and said desired DNA fragment; and

cultivating said plant and selecting a plant in the next generation, which contains said desired DNA fragment but does not contain said selection marker gene.

Claim 16

A hybrid vector comprising:

a first T-DNA containing

(1) a selection marker gene which functions in a plant, and

(2) a second T-DNA having a restriction site; wherein there is sufficient distance on said hybrid vector between said first T-DNA and said second T-DNA to allow said first T-DNA and said second T-DNA to be independently inherited, said hybrid vector being prepared by homologous recombination between an acceptor vector and an intermediate vector in a bacterium belonging to the genus Agrobacterium; said acceptor vector containing at least

   (a) a DNA region having a replication origin allowing replication of a plasmid in both a bacterium belonging to the genus Agrobacterium and in Escherichia coli,

   (b) a DNA region containing virB gene and virG gene in virulence region of Ti plasmid pTiBo542 of Agrobacterium tumefaciens, and

   (c) a DNA region which is homologous with a part of said intermediate vector, which is subjected to homologous recombination in said bacterium belonging to the genus Agrobacterium; said intermediate vector containing at least

      (i) a DNA region having a replication origin allowing replication of a plasmid in Escherichia coli, which does not function in said bacterium belonging to the genus Agrobacterium,

      (ii) a DNA region which is homologous with a part of said acceptor vector, which is subjected to homologous recombination in said bacterium belonging to the genus Agrobacterium, and

      (iii) a DNA region which constitutes at least a part of said second T-DNA.

Claim 24

A method for transforming and cultivating a plant using a bacterium belonging to the genus Agrobacterium, comprising

  • co-transforming plant cells with a first T-DNA (1) and a second T-DNA (2); and
  • selecting the cells which acquired drug resistance; said first T-DNA (1) containing a gene giving said drug resistance, which functions in said plant; said second T-DNA (2) containing a desired DNA fragment to be introduced into said plant, the second T-DNA (2) being contained in a hybrid vector; said hybrid vector being prepared by homologous recombination between an acceptor vector and an intermediate vector in said bacterium belonging to the genus Agrobacterium; said acceptor vector being pSB3 or pSB4; and said intermediate vector being pSB21, pSB22, pSB24, pTOK170, pYS151, pTOK235, pTOK245 or pTOK246;
  • obtaining a plant transformed with said drug resistance gene and said desired DNA fragment; and
  • cultivating said plant and selecting a plant in the next generation, which contains said desired DNA fragment but does not contain said drug resistance gene.
Claim 25

A hybrid vector comprising:

a first T-DNA containing
(1) a gene giving a drug resistance, which functions in a plant; and
(2) a second T-DNA having a restriction site; wherein there is sufficient distance on said hybrid vector between said first T-DNA and said second T-DNA to allow said first T-DNA and said second T-DNA to be independently inherited, said hybrid vector being prepared by homologous recombination between an acceptor vector and an intermediate vector in a bacterium belonging to the genus Agrobacterium; said acceptor vector being pSB3 or pSB4; and said intermediate vector being pSB21, pSB22, pSB24, pTOK170, pYS151, pTOK235, pTOK245 or pTOK246.

The patent US 5731179 claims

  • a method for transforming plants via Agrobacterium by inserting two different T-DNAs. The first T-DNA contains a plant selectable marker gene and the second T-DNA contains a "desired DNA fragment" (claim 1) and may comprise a restriction site. The second T-DNA is contained in a hybrid vector formed by homologous recombination between an acceptor vector and an intermediate vector;
  • a transformed plant with both of the T-DNAs and the subsequent selection of transformed plants in the next generation that contain the desired gene but not contain the selectable marker gene;
  • the elements of the hybrid vector, the acceptor vector, and the intermediate vector.

The independent claims don't limit the size of the DNA fragment contained by the second T-DNA.

The claims to the hybrid vector state that the T-DNAs are sufficiently far apart to allow them to be independently inherited. The patent disclosure doesn't describe what minimum distance would allow this but does provide the example, where the borders are separated by an origin of replication and sequences that contain the virB and virG gene (i.e., about 15 kb) and the T-DNAs are independently inherited.  The claims are a bit ambiguous because they don't require independent segregation to occur at any particular frequency (e.g., 100% of the time? 50%? rarely?).

Some of the hybrid vector claims require specifically named plasmids disclosed in the specification.  Deposit information is not provided in the disclosure of the US patent.

Japan Tobacco Inc.

AU 733623 B2

  •  
  • Earliest priority - 8 December 1993
  • Filed - 14 October 1998
  • Granted - 17 May 2001
  • Expected expiry - 5 December 2014

Title - Method for transforming plants and vector therefor

Claim 1

A method for transforming a plant through a bacterium  belong to genus Agrobacterium, comprising co-transfonming plant cells with a single hybrid vector comprising a first T-DNA (1) and second T-DNA (2); and selecting the cells which acquired drug resistance;

said first T-DNA (1) containing a gene giving said drug resistance, which functions in said plant;

said second T-DNA  (2) containing a desired DNA  fragment to be introduced into said plant, the second T-DNA (2) being contained in a hybrid vector;

said hybrid vector being prepared by homologous recombination between an acceptor vector and an intermediate vector in said bacterium belong to genus Agrobacterium;

said acceptor vector containing at least

(a) a DNA region having a function to replicate a plasmid in said bacterium belonging to genus Agrobacterium and Escherichia coli,

(b) a DNA region containing virB gene and virG gene in virulence region of Ti plasmid pTiBo542 of Agrobacterium tumefaciens, and

(c) a DNA region which is homologous with a part of said intermediate vector, which is subjected to homologous recombination in said bacterium belonging to genus Agrobacterium; said intermediate vector containing at least

(i) a DNA region having a function to replicate a plasmid in Escherichia coli, which does not function in said bacterium belonging to genus Agrobacterium,

(ii) a DNA region which is homologous with a part of said acceptor vector, which is subjected to homologous recombination in said bacterium belonging to genus Agrobacterium, and

(iii) a DNA region which constitutes at least a part of said second T-DNA.

Claim 13

A hybrid vector comprising a first T-DNA containing
(1) a gene giving a drug resistance, which functions in a plant, and
(2) a second T-DNA having a restriction site;
said hybrid vector being prepared by homologous recombination between an acceptor vector and an intermediate vector in a bacteria belonging to the genus Agrobacterium;

This granted patent is a divisional of now abandoned AU 11213/95 A1 (OPI of the national phase entry of WO 1995/16031).

AU 771116 B2

  • Earliest priority - 8 December 1993
  • Filed - 22 May 2001
  • Granted - 11 March 2004
  • Expected expiry - 5 December 2014

Title - Agrobacterium mediated method of plant transformation

Claim 1

A method of Agrobacterium mediated transformation of a plant with a desired DNA fragment comprising:

(i) co-transforming plant cells with a vector comprising a first T-DNA (1) that contains a gene that encodes drug resistance in a plant and a hybrid vector comprising a second T-DNA (2) containing a desired DNA fragment that is to be introduced into said plant, wherein said first T-DNA and said second T-DNA are not contained in the same vector; and
(ii) selecting those cells which acquire drug resistance;
and wherein said hybrid vector is prepared by homologous recombination between an acceptor vector and an intermediate vector in Agrobacterium, said acceptor vector containing at least the three DNA regions:
(a) a DNA region that is capable of conferring replication on a plasmid in Agrobacterium and Escherichia coli;
(b) a DNA region containing the virB gene and virG gene in virulence region of Ti plasmid pTiBo542 of Agrobacterium tumefaciens; and
(c) a DNA region that having homology to at least a part of said intermediate vector sufficient for homologous recombination to occur between said intermediated vector and said acceptor vector in Agrobacterium;
and said intermediate vector containing at least the three DNA regions:
(d) a DNA region that is capable of conferring replication on a plasmid in Escherichia coli but not in Agrobacterium;
(e) a DNA region having homology to at least a part of said acceptor vector sufficient for homologous recombination to occur between said intermediate vector and said acceptor vector in Agrobacterium; and
(f) a DNA region that constitutes at least a part of said second T-DNA.

This granted patent is a divisional of now granted AU 733623 B2.

Remarks
  1. National phase entry of WO 1995/16031 in Canada (CA 2155570) is pending.
  2. National phase entry of WO 1995/16031 in Europe (EP 687730) is pending (see next page).
  3. National phase entry of WO 1995/16031 in Japan (JP 3102888) has been granted.

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

Patent application filed by Japan Tobacco Inc.

The European application filed by Japan Tobacco discloses methods for co-transforming plants with two T-DNAs. One of the T-DNAs has a gene conferring drug-resistance and the other has a gene of interest and is part of a hybrid plasmid. The hybrid plasmid is constructed by homologous recombination of an acceptor and an intermediate plasmid.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

EP 687730 A1
  • Earliest priority - 8 December 1993
  • Filed - 6 December 1994
  • Application pending

Title - Method of transforming plant and vector therefor

Claim 1

A method for transforming a plant through a bacterium belonging to the genus Agrobacterium, comprising:

A) co-transforming plant cells with a first T-DNA (1) and a second T-DNA (2); and
B) selecting the cells which acquired drug resistance; said first T-DNA (1) containing a gene giving said drug resistance, which function in said plant; said second T-DNA (2) containing a desire DNA fragment to be introduced into said plant, the second T-DNA (2) being contained in a hybrid vector;
said hybrid vector being prepared by homologous recombination between an acceptor vector and an intermediate vector in said bacterium belonging to genus Agrobacterium;
said acceptor vector containing at least:
(i) a DNA region having a function to replicate a plasmid in said bacterium belonging to the genus Agrobacterium and Escherichia coli,
(ii) a DNA region containing vir B gene and vir G gene in virulence region of Ti plasmid pTiBo542 of Agrobacterium tumefaciens, and
(iii) a DNA region which is homologous with a part of said intermediate vector, which is subjected to homologous recombination in said bacterium belonging to genus Agrobacterium;
said intermediate vector containing at least:
(i) a DNA region having a function to replicate a plasmid in Escherichia coli, which does not function in said bacterium belonging to genus Agrobacterium,
(ii) a DNA region which is homologous with a part of said acceptor vector, which is subjected to homologous recombination in said bacterium belonging to genus Agrobacterium, and
(iii) a DNA region which constitutes at least a part of said second T-DNA.

Claim 16

A hybrid vector comprising a first T-DNA containing: 1) a gene giving a drug resistance, which functions in plant, and

2) a second T-DNA giving a restriction site; said hybrid vector being prepared by homologous recombination between an acceptor vector and an intermediate vector in a bacterium belonging to genus Agrobacterium;
said acceptor vector containing at least:
(i) a DNA region having a function to replicate a plasmid in said bacterium belonging to the genus Agrobacterium and Escherichia coli,
(ii) a DNA region containing vir B gene and vir G gene in virulence region of Ti plasmid pTiBo542 of Agrobacterium tumefaciens, and
(iii) a DNA region which is homologous with a part of said intermediate vector, which is subjected to homologous recombination in said bacterium belonging to genus Agrobacterium;
said intermediate vector containing at least:
(i) a DNA region having a function to replicate a plasmid in Escherichia coli, which does not function in said bacterium belonging to genus Agrobacterium,
(ii) a DNA region which is homologous with a part of said acceptor vector, which is subjected to homologous recombination in said bacterium belonging to genus Agrobacterium, and
(iii) a DNA region which constitutes at least a part of said second T-DNA.

The claims of the application EP 687 730 A1 recite the transformation of a plant with two different T-DNAs via Agrobacterium. The first T-DNA contains a gene conferring drug resistance to the plant and the second one contains a DNA fragment of interest. In the method claim (claim 1), the second T-DNA is part of a hybrid vector formed by homologous recombination between an acceptor vector and an intermediate vector.

A hybrid vector (claim 16) harboring the first T-DNA as described and a second T-DNA with a cloning site is also formed by homologous recombination of the vectors mentioned above.

Elements of the acceptor vector and the intermediate vector are also recited in the claims.

Japan Tobacco Inc.

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

Mobilisable Vectors

Summary

This section introduces a new type of vector for Agrobacterium-mediated transformation. Some scientific information and patenting aspects are discussed.

Background

Conjugation is a bacterial mechanism through which a plasmid genome or a host chromosome is transferred from one bacterial cell to another. Conjugation requires a whole complex of sequences and gene products. Some bacterial plasmids are conjugative plasmids that have the ability of transfer themselves into another host.

Mobilisable plasmids are not able to promote their own transfer unless an appropriate conjugation system is provided by a helper plasmid. Mobilisable vectors contain a site for transfer initiation called origin of transfer , oriT, and have sequences encoding proteins (Mob) involved in the mobilization of the DNA during the conjugative process. Mob proteins alone are not sufficient to achieve the transfer of the genome. Additional proteins for transfer (Tra ) are involved in the formation of a pore or pilus through which the genome passes to the recipient bacteria. Mobilisable plasmids do not encode Tra proteins and for this reason they require a helper plasmid providing the tra genes. In general, the process involves the following steps:

The enzyme that cleaves the double-stranded circular DNA at oriT and binds to an exposed 5' end is called relaxase, and the intermediate structure formed is called a relaxosome. A complex of auxiliary proteins assemble at oriT and assist in the nicking process to form this intermediate in the DNA transfer.

Agrobacterium T-DNA transfer

The transfer of the Agrobacterium T-DNA to a host cell is comparable to a conjugation process. The virulence (vir) genes are involved in the mobilization and transfer of the T-DNA to the host plant cell. The virD operon contains genes that encode:

The T-DNA transfer apparatus is encoded by the virB operon. The proteins of the virB genes are located in the inner and outer membrane of the bacterium and are involved in the production of the pilus/pore structure. They also play an essential role in tumorigenesis.

IP aspects

Leiden University, in The Netherlands, have national phase entries of a PCT application related to the use of mobilisable plasmids for genetic transformation of eukaryotic cells. The invention disclosed by the applicant combines mobilisable plasmids with Agrobacterium-mediated transformation. A mobilisable plasmid contains at least an oriT and some mob genes, and Agrobacterium provides the transfer genes, basically a virB operon.

Unlike the binary and co-integrate vector systems described previously, there is no Agrobacterium T-DNA or nucleotide sequences surrounded by T-borders transferred in the mobilisable vector system. The mobilisable plasmid is engineered into an Agrobacterium and the genetic material contained in the mobilisable plasmid is transferred to the eukaryotic host using the transfer machinery of Agrobacterium. VirD4, the coupling factor, and mobilization functions can either be part of the mobilisable plasmid or can be provided by Agrobacterium.

A mobilisable plasmid is defined in the patent as "a plasmid that has the capability of forming a relaxosome in a suitable surrounding such as Agrobacterium and being capable of being transferred by an Agrobacterium vir-like system into eukaryotic cells."

According to the applicant, the advantages of mobilisable plasmids such as the plasmid CloDF13 include:

Mobilisable vectors - Patent Application filed by University of Leiden

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 2003/87439 A1

  • Earliest priority - 1 March 2000
  • Filed - 3 September 2002
  • Application pending

Title - Transformation of eukaryotic cells by mobilizable plasmids

Claim 1

A method for transferring genetic material, which is not a typical T-DNA surrounded by Agrobacterium T-borders from an Agrobacterium virulence system, to a eukaryotic host cell, said method comprising:

  • providing said genetic material on a mobilizable plasmid capable of forming a relaxosome;
  • bringing said mobilizable plasmid into an Agrobacterium having at least the activity of the transfer genes of Agrobacterium not present on said mobilizable plasmid so that the necessary gene products providing the same or similar activity as a functional virB operon are also present; and
  • co-cultivating said Agrobacterium with the eukaryotic host cell.
Claim 11

A mobilizable plasmid comprising:

  • genetic material to be transferred into a eukaryotic cell by Agrobacterium transfer;
  • a functional oriT;
  • sequences encoding functional virD-like mobilization products;
  • a virD4-like coupling factor; and
  • sequences encoding functional virB-like activity.

The independent claims of the present patent application recite:

  • a method for transferring material to a eukaryotic cell by:
    • using a mobilisable plasmid capable of forming a relaxosome;
    • placing the plasmid into Agrobacterium , which provides the same or similar functions of the virB operon; and
    • co-cultivating the Agrobacterium with the eukaryotic host.
  • a mobilisable plasmid for Agrobacterium -mediated transfer to an eukaryotic host comprising:
    • a functional oriT;
    • virD-like mobilization products;
    • virD4-like coupling factor; and
    • virB-like activities.

If the claims are granted as submitted, the resulting patent would provide protection for a broad spectrum of plasmids used for transformation via Agrobacterium. Binary and co-integrated vectors are based on the Ti-plasmid of Agrobacterium and the DNA transferred is always surrounded by T-DNA borders, while the plasmids of the present invention are derived from other bacterial sources, mainly bacteria from the family Enterobacteriaceae and do not use T-DNA borders for DNA transfer. Notice that the invention as filed is not limited to plants; all eukaryotic organisms may be encompassed by the claims in case of being granted as filed.

The structural and functional constraints on vir-like proteins are not disclosed- e.g., how much sequence difference/functional difference is tolerated for a protein to still be considered vir-like? The application merely repeats the claim language in the disclosure. The disclosure is also vague about the nature of gene products that would have activities "similar" to that of a functional virB operon though it indicates that homologues from other species are contemplated.


University of Leiden

Remarks
  1. Priority application of WO 2001/64925 from Europe (EP 1130105 A1) is deemed to be withdrawn on 15 January 2003.
  2. National phase entry of WO 2001/64925 A1 in Europe (EP 1407031 A1) is pending.
  3. National phase entry of WO 2001/64925 A1 in Australia (AU 41271/01) and Canada (CA 2401909) are pending.

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

Improvements on transformation efficiency

Overview

New update July 2003
As in any technology for plant transformation, there are multiple factors involved in Agrobacterium-mediated transformation that influence the success or failure of the transfer of gene of interest into plants and their subsequent stable integration and expression. The different factors can affect transformation differently, depending in part on the plant species.

Aspects of transformation that affect success include:

In this section we present patents and patent applications disclosing improvements related to one or more of the factors mentioned above. The inventors were motivated by a need to enhance the efficiency of Agrobacterium-mediated transformation of plants. The selected inventions refer to:

In conclusion,
The granted patents and patent applications discussed in this section are directed to fairly specific methods applied in Agrobacterium-mediated transformation protocols. With regard to these patents and any patents yet to issue, freedom to operate will become an issue only if any one of the particular procedures as claimed is part of a transformation protocol carried out in the countries where the patents have been granted. Remember that claims as filed in patent applications do not have a defined scope and may change considerably as the applications are prosecuted and become granted patents.

Inhibition of Agrobacterium-induced necrosis

Summary

In plant biology, necrosis means death of a plant tissue; the tissue first turns brown and subsequently dies. Disrupted plant cells of a tissue at the cut edge release colorless phenolic compounds that come into contact with each other and in the presence of oxygen suffer brown discoloration accumulating in brown spots in the cells. Oxidation extends throughout the tissue and the culture media, and, if not controlled, the tissue finally dies. Enzyme activity and polymerization of phenolic compounds are some of the causes of the oxidation-browning process.

Inoculation of a plant tissue with Agrobacterium is in itself a disruptive process and triggers a hypersensitive response in the tissue. As a result, there is a poor survival rate of the target tissue. Therefore, the design of an adequate artificial environment to minimize damage due to the interaction of Agrobacterium with the plant tissue is critical for the success of genetic transformation experiments. Anti-necrotic/anti-browning treatments, applied during the transformation process, include addition of reducing agents, heat inactivation of enzymes participating in the oxidative process, lowering pH and the addition of enzyme inhibitors.

IP aspects

There are two entities with patents directed to reducing browning/necrosis induced by Agrobacterium:

Granted patent and applications filed by Syngenta (formerly Novartis)

According to the applicants the necrosis seen in some plants, i.e. Gramineae, upon Agrobacterium exposure is a programmed cell death that is different from the passive death experienced during oxidative browning and exposure to toxins. It is an active process in which the cells undergo morphological changes in part as a result of de novo gene expression and DNA cleavage.

The patents and patent applications disclose the use of physical and chemical methods for inhibiting Agrobacterium-induced necrosis (AIN). Heat shock treatment is one of the physical methods and among the chemical methods;chemical compounds are used as inhibiting agents of AIN. Nucleotide sequences such as p35 and iap (see below) stably or transiently expressed in the cell to be transformed also inhibit AIN. In addition, the applicants teach the use of Agrobacterium strains that are less likely to induce necrosis in the transformed tissue.


Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 6162965

  • Earliest priority - 2 June 1997
  • Filed - 2 June 1998
  • Granted - 19 December 2000
  • Expected expiry - 1 June 2018

Title - Plant transformation methods

Claim 1
A method for transforming a plant cell or tissue with a gene construct, comprising heat shocking said plant cell or tissue before co-cultivating with Agrobacterium, wherein said heat shock treatment inhibits Agrobacterium induced necrosis in said plant cell or tissue, and said Agrobacterium comprises a vector comprising said gene construct.

Claim 2

A method for producing a fertile transgenic plant comprising a gene construct, which method comprises: (a) transforming a plant cell or tissue comprising heat shocking said plant cell or tissue before co-cultivating with Agrobacterium, wherein said heat shock treatment inhibits Agrobacterium induced necrosis in said plant cell or tissue and said Agrobacterium comprises a vector comprising said gene construct; and (b) regenerating the transformed plant cell or tissue to produce said fertile transgenic plant.

Claim 12
A method for transforming a maize cell or tissue with a gene construct, comprising heat shocking said maize cell or tissue before co-cultivating with Agrobacterium, wherein said heat shock treatment inhibits Agrobacterium induced necrosis in said maize cell or tissue, and said Agrobacterium comprises a vector comprising said gene construct.

Claim 13
A method for producing a fertile transgenic maize plant comprising a gene construct, which method comprises: (a) transforming a maize cell or tissue comprising heat shocking said maize cell or tissue before co-cultivating with Agrobacterium, wherein said heat shock treatment inhibits Agrobacterium induced necrosis in said maize cell or tissue, and said Agrobacterium comprises a vector comprising said gene construct; and (b) regenerating the transformed maize cell or tissue to produce said fertile transgenic maize plant.

Claim 14

A method for transforming a plant cell or tissue with a gene construct, comprising exposing said plant cell or tissue to Agrobacterium under conditions which inhibit Agrobacterium induced necrosis, wherein said conditions comprise delivering to or expressing in said plant cell or tissue a nucleotide sequence comprising a coding sequence of a p35, iap or dad-1 gene, said delivery or expression of said nucleotide sequence inhibits Agrobacterium induced necrosis in said plant cell or tissue, and said Agrobacterium comprises a vector comprising said gene construct.

Claim 15

A method for producing a fertile transgenic plant comprising a gene construct, which method comprises: (a) transforming a plant cell or tissue comprising exposing said plant cell or tissue to Agrobacterium under conditions which inhibit Agrobacterium induced necrosis, wherein said conditions comprise delivering to or expressing in said plant cell or tissue a nucleotide sequence comprising a coding sequence of a p35, iap or dad-1 gene, said delivery or expression of said nucleotide sequence inhibits Agrobacterium induced necrosis in said plant cell or tissue, and said Agrobacterium comprises a vector comprising said gene construct; and (b) regenerating the transformed plant cell or tissue to produce said fertile transgenic plant.

Claim 24
A method for transforming a maize cell or tissue with a gene construct, comprising exposing said maize cell or tissue to Agrobacterium under conditions which inhibit Agrobacterium induced necrosis, wherein said conditions comprise delivering to or expressing in said maize cell or tissue a nucleotide sequence comprising a coding sequence of a p35, iap or dad-1 gene, said delivery or expression of said nucleotide sequence inhibits Agrobacterium induced necrosis in said maize cell or tissue, and said Agrobacterium comprises a vector comprising said gene construct.

Claim 25
A method for producing a fertile transgenic maize plant comprising a gene construct, which method comprises: (a) transforming a maize cell or tissue comprising exposing said maize cell or tissue to Agrobacterium under conditions which inhibit Agrobacterium induced necrosis, wherein said conditions comprise delivering to or expressing in said maize cell or tissue a nucleotide sequence comprising a coding sequence of a p35, iap or dad-1 gene, said delivery or expression of said nucleotide sequence inhibits Agrobacterium induced necrosis in said maize cell or tissue, and said Agrobacterium comprises a vector comprising said gene construct; and (b) regenerating the transformed maize cell or tissue to produce said fertile transgenic maize plant.

Claim 26
A method for transforming a gramineceous plant cell or tissue with a gene construct, comprising exposing said plant cell or tissue to Agrobacterium under conditions which inhibit Agrobacterium induced necrosis, wherein said conditions comprise culturing said plant cell or tissue in a necrosis inhibiting medium, said necrosis inhibiting medium comprises (i) an ethylene inhibitor other than silver nitrate, or (ii) an ethylene synthesis inhibitor, and said Agrobacterium comprises a vector comprising said gene construct.

Claim 27
A method for producing a fertile transgenic gramineceous plant comprising, a gene construct, which method comprises: (a) transforming a gramineceous plant cell or tissue comprising exposing said plant cell or tissue to Agrobacterium under conditions which inhibit Agrobacterium induced necrosis, wherein said conditions comprise culturing said plant cell or tissue in a necrosis inhibiting medium, said necrosis inhibiting medium comprises (i) an ethylene inhibitor other than silver nitrate, or (ii) an ethylene synthesis inhibitor, and said Agrobacterium comprises a vector comprising said gene construct; and (b) regenerating the transformed plant cell or tissue to produce said fertile transgenic gramineceous plant.

Claim 33
A method for transforming a maize cell or tissue with a gene construct, comprising exposing said maize cell or tissue to Agrobacterium under conditions which inhibit Agrobacterium induced necrosis, wherein said conditions comprise culturing said maize cell or tissue in a necrosis inhibiting medium, said necrosis inhibiting medium comprises (i) an ethylene inhibitor other than silver nitrate, or (ii) an ethylene synthesis inhibitor, and said Agrobacterium comprises a vector comprising said gene construct.

Claim 34
A method for producing a fertile transgenic maize plant comprising a gene construct, which method comprises: (a) transforming a maize cell or tissue comprising exposing said maize cell or tissue to Agrobacterium under conditions which inhibit Agrobacterium induced necrosis, wherein said conditions comprise culturing said maize cell or tissue in a necrosis inhibiting medium, said necrosis inhibiting medium comprises (i) an ethylene inhibitor other than silver nitrate, or (ii) an ethylene synthesis inhibitor, and said Agrobacterium comprises a vector comprising said gene construct.; and (b) regenerating the transformed maize cell or tissue to produce said fertile transgenic maize plant.

Claim 35

A transgenic plant, plant tissue or plant cell comprising a nucleotide sequence of heterologous origin which comprises a coding sequence of a p35, iap or dad-1 gag.

Claim 36

A transgenic plant, plant tissue or plant cell comprising a genome having a stably integrated nucleotide sequence of heterologous origin which comprises a coding sequence of a p35, iap or dad-1 gene.

Claim 40
A transgenic maize plant, tissue or cell comprising a genome having a stably integrated nucleotide sequence of heterologous origin comprising a coding sequence of a p35 gene.

Claim 41
A transgenic maize plant, tissue or cell comprising a genome having a stably integrated nucleotide sequence of heterologous origin which comprises a coding sequence of an iap gene.

Claim 42
A transgenic maize plant, tissue or cell comprising a genome having a stably integrated nucleotide sequence of heterologous origin which comprises a coding sequence of a dad-1 gene.

Claim 44
A gramineceous plant cell or tissue culture medium, comprising (a) (i) an ethylene inhibitor other than silver nitrate, or (ii) an ethylene synthesis inhibitor; and (b) an Agrobacterium comprising a plasmid comprising a gene construct.

United States patent US 6162965 claims several methods to inhibit AIN in plants:

  • heat shock to treat plant cells or tissues before co-cultivating with Agrobacterium
  • transformation of a plant cell via Agrobacterium with sequences such as:
    • p35 and iap, which are apoptosis-inhibiting genes from baculovirus; and
    • dad-1, a gene capable of suppressing disease response in plants.

The patent also claims methods for inhibiting AIN in Gramineae in general and in maize in particular. Besides the methods mentioned above, gramineaceous plants and maize may be cultured in a necrosis inhibiting medium containing an inhibitor of ethylene or ethylene biosynthesis.


Syngenta

US 2002/88029 AA

  • Earliest priority - 2 June 1997
  • Filed - 19 December 2000
  • Publication date - 4 Jul 2002
  • Expected Expiry - N/A
  • Status -Application abandoned 25 July 2005

Title - Plant transformation methods

Claim 1

A method of transforming a plant cell with a gene of interest, comprising

  • exposing said plant cell to Agrobacterium under conditions which inhibit Agrobacterium induced necrosis (AIN), wherein said Agrobacterium comprises a vector comprising said gene of interest.
Claim 8

A method of making a fertile, transgenic plant comprising

  • transforming plant tissue by exposing the tissue to Agrobacterium under conditions which inhibit Agrobacterium induced necrosis (AIN) and regenerating tissue thus transformed, wherein said Agrobacterium comprises a vector comprising a gene of interest.
Claim 9

A plant, plant tissue or plant cell comprising a nucleotide sequence of heterologous origin which inhibits AIN.

Claim 10

A plant cell or tissue culture medium, comprising

a) a chemical inhibitor of AIN,
b) an Agrobacterium comprising a plasmid comprising a gene of interest, and
c) water and essential salts.

Claim 11
A method of transforming a totipotent cell of a plant of the family Gramineae, comprising exposing a population of said totipotent cells to Agrobacterium comprising a plasmid comprising a gene of interest, wherein the Agrobacterium is of a strain which does not induce significant levels of necrosis in said population at an exposure duration and concentration sufficient to achieve transformation of said cell.

Claim 12
A method for determining the suitability of an Agrobacterium strain for use in the transformation of a regenerable cell of a plant of the family Gramineae comprising exposing a population of said regenerable cells of the plant to the Agrobacterium strain and observing the necrosis in said cell population.

Claim 13

An Agrobacterium strain which has been genetically modified to reduce or eliminate expression of the Agrobacterium necrosis factor or a derivative of such a modified strain.

United States application US 2002/88029 is a continuation of application No. 09/089,111, which is now patent US 6162965 described above. The additional elements in this application include a method to select an Agrobacterium strain with reduced necrosis-inducing capacity from a population of regenerable plant cells from the family Gramineae. Further, the application also claims the Agrobacterium strain with reduced or eliminated production of the necrosis factor, obtained through the selection process or through genetic manipulation. Finally, a method is claimed to transform regenerable cells from the family Gramineae using such strains.

The "Agrobacterium necrosis factor" is  disclosed as "the heat labile factor observed in concentrated supernatant capable of inducing necrosis, e.g., programmed cell death, in maize embryos." The application discloses sequences cloned into three BAC vectors associated with affects on cell death.  The sequences are reported to have homology with virB1, xylA-xylB and acvB respectively.  It's not clear if the Agrobacterium strain referred to in claim 13 is required to reduce or eliminate the expression of one or all of these sequences since none of these sequences are clearly identified as "the" factor.  The genetic structure of a strain having the properties recited in the claims is not disclosed nor is a way of identifying such a strain disclosed.

AU 735472 B

  • Earliest priority - 2 June 1997
  • Filed - 29 May 1998
  • Granted - 12 July 2001
  • Expected expiry - 28 May 2018

Title - Plant transformation methods

Claim 1

A method of transforming a plant cell or tissue with a gene of interest, comprising:

  • exposing said plant cell or tissue to Agrobacterium under conditions which inhibit Agrobacterium-induced necrosis (AIN), wherein
    said Agrobacterium comprises a vector comprising said gene of interest, wherein
    said conditions which inhibit AIN comprise:
    • exposing said plant cell or tissue to Agrobacterium after heat shock treatment; or
    • exposing said plant cell or tissue to Agrobacterium in the presence of an agent inhibiting AIN, wherein said agent comprises:
      • a chemical inhibitor, wherein said chemical inhibitor is a compound selected from the group consisting of ethylene inhibitors other than silver nitrate, ethylene synthesis inhibitors, gibberellin antagonists, and phosphatase inhibitors; or
      • a nucleotide sequence encoding mRNA or protein inhibiting AIN.
Claim 18

A method of making a fertile, transgenic plant comprising: A) transforming plant tissue by exposing the tissue to Agrobacterium under conditions which inhibit Agrobacterium -induced necrosis (AIN); and
B) regenerating tissue thus transformed, wherein
said Agrobacterium comprises a vector comprising said gene of interest, wherein
said conditions which inhibit AIN comprise:

  • exposing said plant cell or tissue to Agrobacterium after heat shock treatment; or
  • exposing said plant cell or tissue to Agrobacterium in the presence of an agent inhibiting AIN, wherein said agent comprises:
    • a chemical inhibitor, wherein said chemical inhibitor is a compound selected from the group consisting of ethylene inhibitors other than silver nitrate, ethylene synthesis inhibitors, gibberellin antagonists, and phosphatase inhibitors; or
    • a nucleotide sequence encoding mRNA or protein inhibiting AIN.
Claim 39

A plant, plant tissue or plant cell comprising a nucleotide sequence of heterologous origin which inhibits AIN.

Claim 50

A plant cell or tissue culture medium, comprising:

  1. a chemical inhibitor, wherein said chemical inhibitor is a compound selected from the group consisting of ethylene inhibitors other than silver nitrate, ethylene synthesis inhibitors, gibberellin antagonists, and phosphatase inhibitors;
  2. an Agrobacterium comprising a plasmid comprising a gene of interest; and
  3. water and essentials salts.

The methods for inhibiting AIN claimed in the granted Australian patent are similar to the ones claimed in the United States patent. However, the group of chemical inhibitors additionally includes gibberellin antagonists and phosphatase inhibitors. Also, the nucleotide sequences whose products inhibit AIN are not limited to specific genes, but encode any mRNA or protein inhibiting AIN. Furthermore, unlike the United States patent, the Australian patent does not claim transformation of Gramineae or maize in particular.

WO 1998/54961 A2

  • Earliest priority - 2 June 1997
  • Filed - 29 May 1998
  • Publication date - 10 December 1998

Title - Plant transformation methods

Claim 1

A method of transforming a plant cell with a gene of interest, comprising

  • exposing said plant cell to Agrobacterium under conditions which inhibit Agrobacterium induced necrosis (AIN), wherein said Agrobacterium comprises a vector comprising said gene of interest.
Claim 8

A method of making a fertile, transgenic plant comprising

  • transforming plant tissue by exposing the tissue to Agrobacterium under conditions which inhibit Agrobacterium induced necrosis (AIN) and regenerating tissue thus transformed, wherein said Agrobacterium comprises a vector comprising a gene of interest.
Claim 9

A plant, plant tissue or plant cell comprising a nucleotide sequence of heterologous origin which inhibits AIN.

Claim 10

A plant cell or tissue culture medium, comprising

a) a chemical inhibitor of AIN,
b) an Agrobacterium comprising a plasmid comprising a gene of interest, and
c) water and essential salts.

Claim 11
A method of transforming a totipotent cell of a plant of the family Gramineae, comprising exposing a population of said totipotent cells to Agrobacterium comprising a plasmid comprising a gene of interest, wherein the Agrobacterium is of a strain which does not induce significant levels of necrosis in said population at an exposure duration and concentration sufficient to achieve transformation of said cell.

Claim 12
A method for determining the suitability of an Agrobacterium strain for use in the transformation of a regenerable cell of a plant of the family Gramineae comprising exposing a population of said regenerable cells of the plant to the Agrobacterium strain and observing the necrosis in said cell population.

Claim 13

An Agrobacterium strain which has been genetically modified to reduce or eliminate expression of the Agrobacterium necrosis factor or a derivative of such a modified strain.

The claims as filed in the PCT application are broader in scope than the granted claims of both the Australian and the US patents. For example, one claim broadly recites "conditions which inhibit AIN" without specifying details of suitable conditions. In another claim the culture medium for the plant cell or tissue contains a chemical inhibitor without defining what sort of chemical. A couple of claims of the European application make reference to the use of an Agrobacterium strain that does not induce significant levels of necrosis. The Agrobacterium strain has been modified to reduce or eliminate expression of a necrosis factor. This strain of Agrobacterium may be used for transforming a totipotent Gramineae cell.

Remarks
  1. National phase entries of WO 1998/54961 in Canada (CA 2290863), Europe (EP 986299) and Japan (JP 2002502252) are pending.
  2. National phase entry of WO 1998/54961 in China (CN 1150320) has been granted on 19 May 2004.
  3. Other national phase entries listed in INPADOC include: Hungary (HU 200002903), Israel (IL 132768), Poland (PL 336979), Russian Federation (RU 2226549), Turkey (TR 200402566), Ukraine (UA 72443), South Africa (ZA 9804681).

Note: Patent information on this page was last updated on 3 March 2006.

Inhibition of Agrobacterium-induced necrosis - actual pending claims

Patent application filed by Novartis

Actual pending claims

EP 986 299 A2

Claim 1

A method of transforming a plant cell with a gene of interest, comprising

  • exposing said plant cell to Agrobacterium under conditions which inhibit Agrobacterium-induced necrosis (AIN), wherein
    said Agrobacterium comprises a vector comprising said gene of interest.
Claim 8

A method of making a fertile, transgenic plant comprising: A) transforming plant tissue by exposing the tissue to Agrobacterium under conditions which inhibit Agrobacterium- induced necrosis (AIN); and
B) regenerating tissue thus transformed, wherein said Agrobacterium comprises a vector comprising a gene of interest.

Claim 9

A plant, plant tissue or plant cell comprising a nucleotide sequence of heterologous origin which inhibits AIN.

Claim 10

A plant cell or tissue culture medium, comprising:
A) a chemical inhibitor of AIN;
B) an Agrobacterium comprising a plasmid comprising a gene of interest; and
C) water and essential salts.

Claim 11

A method of transforming a totipotent cell of a plant of the family Gramineae, comprising

  • exposing a population of said totipotent cells to Agrobacterium comprising a plasmid comprising a gene of interest, wherein
    the Agrobacterium is of a strain which does not induce significant levels of necrosis in said population at an exposure duration and concentration sufficient to achieve transformation of said cell.
Claim 12

A method for determining the suitability of an Agrobacterium strain for use in the transformation of a regenerable cell of a plant of the family Gramineae comprising: A) exposing a population of said regenerable cells of the plant to the Agrobacterium strain; and
B) observing the necrosis in said cell population.

Claim 13

An Agrobacterium strain which has been genetically modified to reduce or eliminate expression of the Agrobacterium necrosis factor or a derivative of such a modified strain.

Patent Applications filed by the University of Minnesota

The present applications describe methods for inhibiting enzymatic browning of plant tissue, cells or parts of a plant in response to wounding. The disclosure describes agents that inhibit the activity or production of enzymes associated with browning such as polyphenol oxidase (PPO) and peroxidase (POD), chelators of metals required for enzymatic activity, and sulphydryl-containing agents that also inhibit PPO activity.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 2004/187177 AA

  • Earliest priority - 15 December 1999
  • Filed - 30 March 2004
  • Application pending

Title - Method to enhance Agrobacterium -mediated transformation of plants

Claim 1
A method for transforming plant explant tissue, comprising:

a) contacting a cotyledon explant from a plant seedling infected with an Agrobacterium containing DNA to be introduced into the explant with an agent that inhibits enzymatic browning of a wounded plant, plant tissue or plant cell so as to yield transformed explant tissue; and

b) identifying transformed explant tissue.

Claim 22
A method to identify an agent that enhances Agrobacterium-mediated transformation of a plant cell, plant tissue or plant part, comprising:

a) contacting the plant cell, plant tissue or plant part with Agrobacterium containing DNA to be introduced into the plant cell, plant tissue or plant part and the agent so as to yield a transformed plant cell, plant tissue or plant, wherein the agent is not a phenolic compound; and

b) detecting or determining whether the agent enhances Agrobacterium-mediated transformation of the plant cell, plant tissue or plant part relative to Agrobacterium-mediated transformation of a plant cell, plant tissue or plant part in the absence of the agent.

Claim 37
A method for the stable transformation of plant tissue or cells, comprising:

a) contacting plant tissue or cells with an Agrobacterium containing DNA and an agent selected from the group consisting of a sulfhydryl-containing agent, an iron chelator, a copper chelator, an inhibitor of plant polyphenol oxidase and an inhibitor of plant peroxidase; and

b) identifying stably transformed plant tissue or cells.

Claim 44
A plant medium comprising: an amount of an agent effective to inhibit the enzymatic browning of a plant organ, tissue or cell, wherein the agent is selected from the group consisting of a sulfhydryl-containing agent, an iron chelator, a copper chelator, an inhibitor of polyphenol oxidase and an inhibitor of peroxidase.

Claim 57
A method for the stable transformation of monocot plant tissue or cells, comprising:

a) contacting monocot plant tissue or cells with an Agrobacterium containing a recombinant DNA and one or more agents selected from the group consisting of a sulfhydryl-containing agent, methionine, an iron chelator, a copper chelator, an inhibitor of plant polyphenol oxidase and an inhibitor of plant peroxidases, which one or more agents are present in solid media in an amount effective to enhance the stable transformation of the monocot plant tissue or cells relative to corresponding monocot plant tissue or cells contacted with Agrobacterium in the absence of the one or more agents; and

b) identifying stably transformed plant tissue or cells.

Claim 62
A method for the stable transformation of plant tissue or cells, comprising:

a) contacting plant tissue or cells with an Agrobacterium containing a recombinant DNA and one or more agents selected from the group consisting of a sulfhydryl-containing agent, methionine, an iron chelator, a copper chelator, an inhibitor of plant polyphenol oxidase and an inhibitor of plant peroxidases, which one or more agents are present in solid media in an amount effective to enhance the stable transformation of the tissue or cells relative to corresponding tissue or cells contacted with Agrobacterium in the absence of the one or more agents; and

b) identifying stably transformed plant tissue or cells.

This application is a continuation of now granted US 6759573 (see below). 

The claims are not limited to the transformation any particular plant type.

Regents of the University of Minnesota

US 6759573

  • Earliest priority - 15 December 1999
  • Filed - 15 December 2000
  • Granted - 6 July 2004
  • Expected expiry - 15 July 2021 (213 day-extension from 14 December 2020)

Title - Method to enhance Agrobacterium -mediated transformation of plants

Claim 1

A method for stable transformation of leguminous plant tissue or cells, comprising:

a) contacting leguminous plant tissue or cells with an Agrobacterium comprising a recombinant DNA and one or more sulfhydryl-containing agents which one or more agents are present in solid media in an amount effective to enhance the stable transformation of the leguminous plant tissue or cells relative to corresponding plant tissue or cells contacted with the Agrobacterium in the absence of the one or more agents, wherein the plant tissue or cells are embryogenic somatic cells, immature embryo, meristem, or a cotyledon explant, and wherein the stable transformation is enhanced by at least 0.5%; and
b) identifying stably transformed plant tissue or cells.

Granted patent US 6759573 recites a method of Agrobacterium-mediated transformation that is limited to those of leguminous plant tissue or cells.

The claims require that the sulfhydryl-containing agents are in a solid media.  Thus, if the agents are added in solution such a method might not be covered by the claim.

The patent was first published as US 2001/34888 A1.

WO 2001/44459 A2

  • Earliest priority - 15 December 1999
  • Filed - 15 December 2000
  • Publication date - 21 June 2001
  • Expected expiry- N/A

Title - Method to enhance Agrobacterium -mediated transformation of plants

Claim 1

A method for transforming plant explant tissue, comprising:

a) contacting a cotyledon explant from a plant seedling infected with an Agrobacterium containing DNA to be introduced into the explant with an agent that inhibits enzymatic browning of a wounded plant, plant tissue or plant cell so as to yield transformed explant tissue; and
b) identifying transformed explant tissue.

Claim 22

A method to identify an agent that enhances Agrobacterium-mediated transformation of a plant cell, plant tissue or plant part, comprising:

a) contacting the plant cell, plant tissue or plant part with Agrobacterium containing DNA to be introduced into the plant cell, plant tissue or plant part and the agent so as to yield a transformed plant cell, plant tissue or plant, wherein the agent is not a phenolic compound; and
b) detecting or determining whether the agent enhances Agrobacterium-mediated transformation of the plant cell, plant tissue or plant part relative to Agrobacterium-mediated transformation of a plant cell, plant tissue or plant part in the absence of the agent.

Claim 37

A method for the stable transformation of plant tissue or cells, comprising:

a) contacting plant tissue or cells with an Agrobacterium containing DNA and an agent selected from the group consisting of a sulfhydryl-containing agent, an iron chelator, a copper chelator, an inhibitor of plant polyphenol oxidase and an inhibitor of plant peroxidase; and
b) identifying stably transformed plant tissue or cells.

Claim 44

A plant medium comprising: an amount of an agent effective to inhibit the enzymatic browning of a plant organ, tissue or cell, wherein the agent is selected from the group consisting of a sulfhydryl-containing agent, an iron chelator, a copper chelator, an inhibitor of polyphenol oxidase and an inhibitor of peroxidase.

The claims as filed of the PCT application recite:

  • a method for inhibiting enzymatic browning in cotyledon explant to be infected with Agrobacterium by introducing an agent that inhibits browning
  • a method to identify an agent that enhances Agrobacterium-mediated transformation of a plant cell, tissue or plant part  so long as the agent is not a phenolic compound
  • methods where agents that inhibit browning are either put into contact with the explant to be transformed or present in the plant medium. The agents are metal chelators, sulphydryl-containing agents or other enzyme inhibitors.
  • The degree of enhancement required to fall within the scope of the claims is unclear (only that it's more transformation than observed without the agent) and the disclosure provides a number of different assays to judge enhancement by.
Remarks
  1. National phase entry of WO 2001/44459 in Australia (AU 200122672) has lapsed on 15 August 2002.
  2. National phase entry of WO 2001/44459 in Canada (CA 2394367) and EP (EP 1240341) are pending.
  3. Other national phase entries of WO 2001/44459 include: Brazil (BR 200016367)

Note: Patent information on this page was last updated on 6 March 2006.

Inhibition of enzymatic browning of Agrobacterium-transformed tissue

Patent applications filed by the University of Minnesota

Actual pending claims

US 20010034888 A1

& WO 0144459 A2

Claim 1

A method for transforming plant explant tissue, comprising:

A) contacting a cotyledon explant from a plant seedling infected with an Agrobacterium containing DNA to be introduced into the explant with an agent that inhibits enzymatic browning of a wounded plant, plant tissue or plant cell so as to yield transformed explant tissue; and
B) identifying transformed explant tissue.

Claim 22

A method to identify an agent that enhances Agrobacterium -mediated transformation of a plant cell, plant tissue or plant part, comprising:

A) contacting the plant cell, plant tissue or plant part with Agrobacterium containing DNA to be introduced into the plant cell, plant tissue or plant part and the agent so as to yield a transformed plant cell, plant tissue or plant, wherein the agent is not a phenolic compound; and
B) detecting or determining whether the agent enhances Agrobacterium-mediated transformation of the plant cell, plant tissue or plant part relative to Agrobacterium-mediated transformation of a plant cell, plant tissue or plant part in the absence of the agent.

Claim 37

A method for the stable transformation of plant tissue or cells, comprising:

A) contacting plant tissue or cells with an Agrobacterium containing DNA and an agent selected from the group consisting of a sulthydryl-containing agent, an iron chelator, a copper chelator, 10 an inhibitor of plant polyphenol oxidase and an inhibitor of plant peroxidase; and
B) identifying stably transformed plant tissue or cells.

Claim 44

A plant medium comprising:
an amount of an agent effective to inhibit the enzymatic browning of a plant organ, tissue or cell, wherein the agent is selected from the group consisting of a sulfhydryl-containing agent, an iron chelator, a copper chelator, an inhibitor of polyphenol oxidase and an inhibitor of peroxidase.

Inhibition of Agrobacterium growth

PCT and US application filed by Monsanto

Overgrowth of Agrobacterium jeopardizes the survival of the transformed plant cells and also has an effect on the T-DNA transfer process. Insertion of multiple copies of a gene of interest into a plant cell is influenced by the frequency of T-DNA transfer into the cell. Agrobacterium-mediated transformation protocols strive to attain transformation events with a limited number of copies of DNA entering into any one cell. The presence of multiple inserts can lead to gene silencing or reduce expression levels of transformed genes, which is caused by several mechanisms including recombination between the multiple copies. Inhibiting agents of Agrobacterium growth should be effective against the bacterium but remain neutral with respect to plant cell growth.

Monsanto's applications relate to the control of Agrobacterium growth during the transformation process in order to improve transformation efficiency. The use of inhibiting agents during inoculation and co-culture of Agrobacterium with a transformable plant cell results, according to the disclosure, in increased transformation efficiencies and a low copy number of an introduced genetic component in several plant systems. Preferred growth-inhibiting agents are compounds containing heavy metals such as silver nitrate or silver thiosulfate, antibiotics such as carbenicillin, and a combination of antibiotics and a clavulanic acid such as augmentin or timentin.

PCT Application Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

WO 2001/09302

  • Earliest priority - 29 July 1999
  • Filed - 28 July 2000
  • OPI - 8 February 2001
  • Expected Expiry - N/A

Title - A novel Agrobacterium-mediated plant transformation method

Claim 1

A method of transforming a plant cell or plant tissue using an Agrobacterium mediated process comprising the steps of:
A) inoculating a transformable plant cell or tissue with Agrobacterium containing at least one genetic component capable of being transferred to the plant cell or tissue in the presence of at least one growth inhibiting agent;
B) co-culturing the transformable plant cell or tissue after inoculation in a media capable of supporting growth of plant cells or tissue expressing the genetic component, said media not containing a growth inhibiting agent;
C) selecting transformed plant cells or tissue; and
D) regenerating a transformed plant expressing the genetic component from the selected transformed plant cells or tissue.

Claim 23

A method of transforming a plant cell or plant tissue using an Agrobacterium mediated process comprising the steps of: A) inoculating a transformable plant cell or tissue with Agrobacterium containing at least one genetic component capable of being transferred to the plant cell or tissue;
B) co-culturing the transformable plant cell or tissue after inoculation in a media capable of supporting growth of plant cells or tissue expressing the genetic component, said media further containing a growth inhibiting agent;
C) selecting transformed plant cells or tissue; and
D) regenerating a transformed plant expressing the genetic component from the selected transformed cells or tissue.

Claim 45

A method of transforming a plant cell or plant tissue using an Agrobacterium mediated process comprising the steps of:
A) inoculating a transformable plant cell or tissue with Agrobacterium containing at least one genetic component capable of being transferred to the plant cell or tissue in the presence of at least one growth inhibiting agent;
B) co-culturing the transformable plant cell or tissue after inoculation in a media capable of supporting growth of the plant cells or tissue expressing the genetic component, said media further containing a growth inhibiting agent;
C) selecting transformed plant cells or tissue; and
D) regenerating a transformed plant expressing the genetic component from the selected transformed cells or tissue.

The claims as filed of the PCT application recite:

  • methods of transforming plant cells or tissues with Agrobacterium , where the growth of Agrobacterium cells is inhibited during:
    • the inoculation phase, where Agrobacterium and plant cells are first brought into contact with each other;
    • the co-cultivation phase, where Agrobacterium and plant cells are grown together for for an unspecified period; or
    • both the inoculation and co-cultivation phases.

Monsanto

US 2003204875 AA

  • Earliest priority - 29 July 1999
  • Filed - 17 April 2003
  • Published -30 Oct 2003
  • Status -pending

Title - Novel Agrobacterium-mediated plant transformation method

Claim 1

A method of transforming a plant cell or plant tissue using an Agrobacterium mediated process comprising the steps of:

  • inoculating a transformable plant cell or tissue with Agrobacterium containing at least one genetic component capable of being transferred to the plant cell or tissue in the presence of at least one growth inhibiting agent;
  • co-culturing the transformable plant cell or tissue after inoculation in a media capable of supporting growth of plant cells or tissue expressing the genetic component, said media not containing a growth inhibiting agent;
  • selecting transformed plant cells or tissue; and
  • regenerating a transformed plant expressing the genetic component from the selected transformed plant cells or tissue.
Claim 23

A method of transforming a plant cell or plant tissue using an Agrobacterium mediated process comprising the steps of:

  • inoculating a transformable plant cell or tissue with Agrobacterium containing at least one genetic component capable of being transferred to the plant cell or tissue;
  • co-culturing the transformable plant cell or tissue after inoculation in a media capable of supporting growth of plant cells or tissue expressing the genetic component, said media further containing a growth inhibiting agent;
  • selecting transformed plant cells or tissue; and
  • regenerating a transformed plant expressing the genetic component from the selected transformed cells or tissue.
Claim 45

A method of transforming a plant cell or plant tissue using an Agrobacterium mediated process comprising the steps of:

  • inoculating a transformable plant cell or tissue with Agrobacterium containing at least one genetic component capable of being transferred to the plant cell or tissue in the presence of at least one growth inhibiting agent;
  • co-culturing the transformable plant cell or tissue after inoculation in a media capable of supporting growth of the plant cells or tissue expressing the genetic component, said media further containing a growth inhibiting agent;
  • selecting transformed plant cells or tissue; and
  • regenerating a transformed plant expressing the genetic component from the selected transformed cells or tissue.

This application is a division of  US 6603061, which is the priority document of WO 2001/09302.  Claims of granted US 6603061 recite a method of Agrobacterium-mediated transformation that is limited to that transforming a corn plant (claim 1) or a dicotyledonous plant (claim 4).

Remarks
  1. National phase entry of WO 2001/09302 in Australia (AU 200063892) has lapsed on 3 April 2003.
  2. National phase entry of WO 2001/09302 in Canada (CA 2381254) is deemed dead on 28 July 2004.
  3. National phase entry of WO 2001/09302 in Europe (EP 1200613) and Japan (JP 2003506035) are pending.
  4. Other national phase entry of WO 2001/09302 includes: Brazil (BR 200013187).

Note: Patent information on this page was last updated on 6 March 2006.

Patent granted to Nunhems Zaden BV

The present United States patent granted to Nunhems Zaden from Holland discloses a process to obtain transgenic plants by using Agrobacterium mutants deficient in the biosynthesis of specified vital biomolecules. This allows a controlled systemic infection of the tissues to be transformed to be maintained for longer periods, thereby increasing the probability of successful infection. The Agrobacterium can then be eliminated by omission of those nutrients from the incubation medium.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 6323396 B1

  • Earliest priority - 25 August 1997
  • Filed - 24 February 2000
  • Granted - 27 November 2001
  • Expected expiry - 23 February 2020

Title - Agrobacterium-mediated transformation of plants

Claim 1

A process to produce a dicotyledonous transgenic plant, said plant comprising

  • a foreign DNA fragment integrated into the genome of at least some of its cells, said process comprising the following steps:

1) providing a plant which is systemically infected with an Agrobacterium strain auxotrophic for methionine or cysteine, or adenine and histidine, harboring a DNA of interest which is operably linked to at least one T-DNA border sequence; and
2) generating a transgenic plant from a single cell or a group of cells isolated from said systemically infected plant.

Claim 11

Bacterial strain LBA4404metHV, deposited as LMG P-18486.

Claim 12

Bacterial strain ATHV ade,his, deposited as LMG P-18485.

Claim 13

A method for producing a transgenic plant, said plant comprising

  • a foreign DNA fragment integrated into the genome of at least some of its cells, said process comprising:

a. cocultivating a plant cell, plant tissue, explant or plant with an Agrobacterium strain auxotrophic for methionine or cysteine, or for adenine and histidine, to generate a transgenic cell; and
b. regenerating a transgenic plant from said transgenic cell.

The United States patent US 6323396 B1 claims

  • A process for the production of transgenic plants (Claims 1 and 13) utilizing an Agrobacterium strain deficient in the biosynthesis of one of the following:
    • methionine
    • cysteine
    • adenosine and histidine
  • Co-cultivating a plant or plant tissue with one of the auxotrophic Agrobacterium mutants described above carrying a desired foreign DNA and regenerating a transgenic plant from such a treated tissue (Claim 13).
  • Systemically infecting a plant with one of the auxotrophic Agrobacterium mutants described above carrying a desired foreign DNA and regenerating a transgenic plant from such a treated tissue (Claim 1).
  • Two auxotrophic Agrobacterium strains as described (Claims 11 and 12).

Nunhems Zadens B.V.

AU 736349 B2

  • Earliest priority - 25 August 1997
  • Filed - 25 August 1998
  • Granted - 26 July 2001
  • Expected expiry - 24 August 2018

Title - Improved Agrobacterium-mediated transformation of plants

Claim 1

A process to produce a transgenic plant comprising

  • a foreign DNA fragment integrated into the genome of at least some of its cells, said process comprising the following steps:

1) providing a plant which is systemically infected with an auxotrophic Agrobacterium strains harbouring a DNA of interest which is operably linked to at least one T-DNA border sequence; and
2) generating a transgenic plant from a single cell or a group of cells isolated from said systemically infected plant.

Claim 12

Bacterial strain LBA4404met.

Claim 13

Bacterial strain ATHVade, his.

Claim 14

The use of an Agrobacterium strain auxotrophic for methionine or cysteine or for adenine and histidine in Agrobacterium-mediated transformation of plants.

Claim 15
The use of Agrobacterium strain auxotrophic for methionine or cysteine or for adenine and histidine in Agrobacterium mediated transformation of callus from sugarbeet.

Claim 16
The use of Agrobacterium strain auxotrophic for methionine or cysteine or for adenine and histidine in Agrobacterium mediated transformation of corn protoplasts.

Claim 1 in granted AU 736349 does not have a limit to the type of nutrient (or nutrients) the Agrobacterium strain is auxotrophic for.

"Systemically infected plant" is defined in the specification as 'a plant wherein  the Agrobacterium strains is present in at least some part of the plant'.

EP 1009844 B1

  • Earliest priority - 25 August 1997
  • Filed - 25 August 1998
  • Granted - 16 June 2004
  • Expected expiry - 24 August 2018

Title - Improved Agrobacterium-mediated transformation of plants

Claim 1

A process to produce a transgenic plant comprising

  • a foreign DNA fragment integrated into the genome of at least some of its cells, said process comprising the following steps:

1) providing a plant which is systemically infected with an auxotrophic Agrobacterium strain harbouring a DNA of interest which is operably linked to at least one T-DNA border sequence; and
2) generating a transgenic plant from a single cell or a group of cells isolated from said systemically infected plant.

Claim 12

Bacterial strain LBA4404metHV, deposited as BCCM/LMG P-18486.

Claim 13

Bacterial strain ATHV ade,his, deposited as BCCM/LMG P-18485.

Claim 14

The use of an Agrobacterium strain auxotrophic for methionine or cysteine, or for adenine and histidine, in Agrobacterium-mediated transformation of plants.

Claim 15
The use of an Agrobacterium strain auxotrophic for methionine or cysteine, or for adenine and histidine, in Agrobacterium mediated transformation of callus from sugarbeet.

Claim 16
The use of an Agrobacterium strain auxotrophic for methionine or cysteine, or for adenine and histidine, in Agrobacterium mediated transformation of corn protoplasts.

Designated contracting States at the time of grant are: Austria (patent lapsed as reported by INPADOC), Belgium (patent lapsed as reported by EPO), Switzerland (patent lapsed as reported by INPADOC), Cyprus, Germany (patent lapsed as reported by EPO), Denmark (patent lapsed as reported by EPO), Spain (patent lapsed as reported by EPO), Finland (patent lapsed as reported by EPO), France (patent lapsed as reported by EPO), United Kingdom (patent lapsed as reported by INPADOC), Greece (patent lapsed as reported by EPO), Ireland (patent lapsed as reported by INPADOC), Italy, Liechtenstein (patent lapsed as reported by INPADOC), Luxembourg, Monaco (patent lapsed as reported by EPO), Netherlands (patent lapsed as reported by INPADOC), Portugal, Sweden (patent lapsed as reported by INPADOC)

Granted EP 1009844 recites the same method of Agrobacterium-mediated transformation as that of AU 736349.

WO 1999/010512 A1

  • Earliest priority - 25 August 1997
  • Filed - 25 August 1998
  • OPI - 4 March 1999
  • Predicted expiry - N/A

Title - Improved Agrobacterium-mediated transformation of plants

Claim 1

A process to produce a transgenic piant comprising a foreign DNA fragment integrated into the genome of at least some of its cells, said process comprising the following steps:
1) providing a plant which is systemically infected with an auxotrophic Agrobacterium strain harbouring a DNA of interest which is operably linked to at least one T-DNA border sequence; and
2) generating a transgenic plant from a single cell or a group of cells isolated from said systemically infected plant.

Claim 12

Bacterial strain LBA44O4met.

Claim 13

Bacterial strain ATHVade, his.

Claim 14

The use of an Agrobacterium strain auxotrophic for methionine or cysteine or for adenine and histidine in Agrobacterium-mediated transformation of plants.

Claim 15
The use of Agrobacterium strain auxotrophic for methionine or cysteine or for adenine and histidine in Agrobacterium mediated transformation of calius from sugarbeet.

Claim 16
The use of Agrobacterium strain auxotrophic for methionine or cysteine or for adenine and histidine in Agrobacterium mediated transformation of corn protoplasts.

Remarks
  1. National phase entry of WO 1999/010512 A1 in Canada (CA 2301707) is pending.
  2. National phase entry of WO 1999/010512 A1 in China (CN 1188525) has been granted on 9 February 2005.
  3. National phase entry of WO 1999/010512 A1 in Japan (JP 2001514009) is deemed to be withdrawn on 1 November 2005.

Note: Patent information on this page was last updated on 7 March 2006.

Weight reduction of the transformed plant tissue

Patent applications filed by Monsanto

During co-cultivation of plant tissue with Agrobacterium it is desirable to reduce the weight of the explant in order to facilitate the DNA transfer process and the formation of embryogenic callus.

Monsanto's disclosure teaches methods for reducing the weight of the explant during the co-cultivation period. Preferred methods of the inventors include reduction of moisture conditions, applying vacuum, increasing the osmotic potential of the media by use of mannitol, sorbitol or polyethylene glycol, air drying the explant by evaporation or applied air, or applying chemicals (desiccants) such as calcium oxide to extract moisture from the explant.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 2001/054186 AA

  • Earliest priority - 11 December 1998
  • Filed - 10 December 1999
  • Published - 20 December 2001
  • Expected expiry - N/A
  • Status -pending

WO 200034491 A2

  • Earliest priority - 11 December 1998
  • Filed - 9 December 1999
  • OPI - 15 June 2000
  • Expected expiry - N/A

Title - An improved efficiency Agrobacterium-mediated plant transformation method

Claim 1

A method for producing a fertile transgenic plant, comprising the steps of:

(a) introducing one or more genetic component(s) one desires to introduce into the genome of a plant by co-culturing a regenerable plant cell or tissue with Agrobacterium containing said genetic component(s);
(b) co-culturing said Agrobacterium and regenerable plant cells or tissues of step (a) under conditions that decrease the weight of said Arobacterium-inoculated explant;
(c) identifying or selecting a transformed cell line; and
(d) regenerating a fertile transgenic plant therefrom.

The claims as filed of both the United States and PCT applications recite a method for producing a fertile transgenic plant by co-culturing a plant cell or tissue with Agrobacterium having the genes of interest under conditions that decrease the weight of the explant. The transformed cell lines are selected and regenerated into a fertile transgenic plant.

According to the specification, the method to reduce the weight of the inoculated explant 'comprises any method that reduces the weight of the inoculated explant and facilitates the DNA transfer process.'

Preferred methods to reduce the weight of the explant are (but not limited to):

  • restricting exogenous moisture to the explant during co-culture
  • reducing the weight of the explant by applying a vacuum during co-culture
  • increasing the osmotic potential of the media, for example, by use of mannitol, sorbitol, raffinose, or polyethylene glycol or combinations thereof
  • air drying the explant to reduce the weight of the explant by evaporation or applied air
  • chemical means of extracting moisture from the explant during co-culture, for example, by placing the explant in a dessicating environment

Monsanto

AU 773764

  • Earliest priority - 11 December 1998
  • Filed - 9 December 1999
  • Granted - 3 June 2004
  • Expected expiry - 8 December 2019

Title - An improved efficiency Agrobacterium-mediated plant transformation method

Claim 1

A method for producing a fertile transgenic plant, comprising the steps of:

(a) introducing one or more genetic component(s) into the genome of a plant by co-culturing a regenerable plant cell or tissue with Agrobacterium containing said genetic component(s);
(b) co-culturing said Agrobacterium and regenerable plant cells or tissues of step (a) in a manner controlling a reduction in the weight of said Agrobacterium-inoculated explant of from about 20% to 35% of the weight of the plant cell or tissue prior to co-culture, wherein the manner for controlling a reduction in the weight of the Agrobacterium-inoculted explant comprises limitation or removal of water from the explant;
(c) identifying or selecting a transformed cell line; and
(d) regenerating a fertile transgenic plant therefrom.

Granted AU 773764 recites a method for producing a fertile transgenic plant using Agrobacterium, where the method of weight reduction of the inoculated explant is limited to 'limitation or removal of water from the explant'.

Remarks
  1. National phase entries of WO 2000/34491 in Canada (CA 2353796), Europe (EP 1137790) and Japan (JP 2002531132) are pending.
  2. Other national phase entries of WO 2000/34491 include: Brazil (BR 9916103), South Africa (ZA 200104091).

Note: Patent information on this page was last updated on 7 March 2006.

Sonication of plant tissue

Granted patent and patent application filed by The Ohio State Research Foundation

The inventors describe a method called sonication-assisted Agrobacterium-mediated transformation. It consists of subjecting the target tissue to ultrasound while immersed in an Agrobacterium suspension. The enhanced transformation rates probably result from micro-wounding both on the surface of and deep within the target tissue caused by the energy released in the process. High intensity ultrasound results in cell lysis, but sublethal doses cause temporary suppression of mRNA and protein synthesis as well as moderate rupture of the cell wall. The wounding caused by lower energy ultrasonic frequency may aid in the production of signal phenolics and enhance the accessibility of putative cell-wall binding factors to the bacterium.

The disclosure describes a method for transforming a plant sample with Agrobacterium by sonicating the plant in the presence of Agrobacterium. Preferably, the process does not take longer than 60 seconds and not less than 0.1 seconds.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 5693512 A

  • Earliest priority - 1 March 1996
  • Filed - 1 March 1996
  • Granted - 2 December 1997
  • Expected expiry - 28 February 2016

Title - Mehod for transforming plant tissue by sonication

Claim 1

A method for transforming a plant sample comprising the following steps:

a. providing a non-tumor inducing vector containing nucleic acid to be transferred to the plant sample, wherein the vector is a non-tumor inducing Agrobacterium;
b. combining the plant sample with said vector;
c. sonicating the plant sample; wherein the vector is combined with the plant sample before, during, or after sonication;
d. lastly growing the plant sample and selecting for the transformed plant sample.

The United States patent claims

  • a method for transforming a plant where the plant sample is combined with a non-oncogenic Agrobacterium and sonicated. The sonication is applied before, during or after the plant sample is combined with Agrobacterium.

The Ohio State Research Foundation

EP 904362 B1

  • Earliest priority - 1 March 1996
  • Filed - 28 February 1997
  • Granted - 21 January 2004
  • Expected expiry - 27 February 2017

Title - Method for transforming plant tissue

Claim 1

A method for transforming a plant sample comprising the following steps:

a. providing a non-tumor inducing vector containing nucleic acid to be transferred to the plant sample, wherein the vector is a non-tumor inducing Agrobacterium;
b. combining the plant sample with said vector;
c. sonicating the plant sample, wherein the vector is combined with the plant sample before, during or after sonication;
d. lastly growing the plant sample.

Designated contracting States at the time of grant are: Belgium, Switzerland (patent lapsed as reported by INPADOC), France, United Kingdom, Italy, Liechtenstein (patent lapsed as reported by EPO), Netherlands, Portugal, Sweden (patent lapsed as reported by INPADOC)

The difference in claim 1 between EP 904362 and US 5693512 is the last step, where US 5693512 includes selecting for the transformed plant sample, which is not included in that of WO 904362.

WO 1997/32016 A1

  • Earliest priority - 1 March 1996
  • Filed - 28 February 1997
  • OPI - 4 September 1997

Title - Method for transforming plant tissue

Claim 1

A method for transforming a plant sample comprising the following steps:

a. providing a non-tumor inducing vector containing nucleic acid to be transferred to the plant sample;
b. combining the plant sample with said vector;
c. sonicating the plant sample;
d. lastly growing the plant sample.

PCT application WO 1997/32016 recites a method of transforming a plant sample which includes sonicating the plant sample (which, according to the specification 'includes whole plants as well as all the parts and portions thereof...').

According to the specification, the term 'vector' in claim 1 'is a non-tumor inducing bacteria or strain of bacteria...'.

Sonication of the plant sample can take place before, during, or after introducing the vector to the plant sample as follows - 'The vector is combined with the plant sample before, during or after sonication...'

Note: Patent information on this page was last updated on 8 March 2006.

Agrobacterium-mediated transformation assisted by vacuum infiltration

Summary

Vacuum infiltration had already been used by plant physiologists before researchers interested in improving transformation efficiency started using it. Plant physiologists use the method to allow the penetration of pathogenic bacteria into the inter cell spaces and in that way study the interaction between plants and pathogenic bacteria.

Physically, vacuum generates a negative atmospheric pressure that causes the air spaces between the cells in the plant tissue to decrease. The longer the duration and the lower the pressure of the vacuum, the less air space there is within the plant tissue. An increase in the pressure allows the infiltration medium, including the infective transformation vector, to relocate into the plant tissue. For plant transformation, vacuum is applied to a plant part in the presence of Agrobacterium for a certain time period. The length of time that a plant part or tissue is exposed to vacuum is critical as prolonged exposure causes hyperhydricity.

Vacuum infiltration-facilitated transformation can be performed in planta, in which the plant part to be transformed, e.g., flower, is not excised from the plant, thus eliminating the need for in vitro regeneration of plants. It also offers several other advantages such as the generation of many independently transformed plants from a single plant, a reduction in somaclonal variation because there are no tissue culture steps, and the possibility of high throughput testing because the process is fast. The method is also potentially useful for transformation of plants recalcitrant to plant tissue culture and regeneration.

The use of Agrobacterium-mediated transformation assisted by vacuum infiltration was first reported in 1993 for transforming Arabidopsis and since then many improvements have been made. Others plants such as soybeans, duckweed, wheat, petunia, and rice have also been transformed by this method.

IP aspects

Several organizations have patents and patent applications directed to Agrobacterium-mediated transformation assisted by vacuum infiltration. The selected disclosures describe either transformation of any plant or transformation of monocotyledonous plants. They also discriminate between any plant part or a selected plant part or tissue, e.g., flower.

Transformation of any plant

Transformation of monocot plants

Patent applications filed by The Samuel Roberts Noble Foundation

The applications describe methods for direct plant transformation via Agrobacterium using vacuum. In one of the disclosures, Agrobacterium containing a vector with a gene of interest contacts the aerial portions of a plant at flowering stage under vacuum conditions. The vacuum applied is of sufficient strength to force the Agrobacterium cells into intimate contact with the plant such that the T-DNA transfer to the plant takes place.

A plant at flowering stage is defined as a plant form about the beginning of the first flower bud formation to about the time of the last flower set. The flowering plants are grown from vernalised seeds. These are seeds subjected to a period of chilling before germination. The seeds are incubated at 4°C for a period of time, preferably in the dark, and kept moist. Vernalisation is used to speed up the formation of flowers.

In the other disclosure, the material selected for transformation is a seedling.

As part of both disclosures, the plant material is transformed with a mix of Agrobacterium cells containing different T-DNA to be inserted into the plants. The transformed plant is allowed to grow into maturity and produce seeds. Progeny from the seed is selected by the use of selectable markers and the presence of an additional transferred gene.

Specific PCT Application Information

PCT Application Number

Title, Independent Claims and Summary of Claims

Assignee

WO 2000/037663 A2

  • Earliest priority - 23 December 1998
  • Filed - 23 December 1999
  • OPI - 29 June 2000
  • Expected expiry - N/A

Title - Plant transformation process

Claim 1

A method for direct plant transformation using seedlings and Agrobacterium comprising:

A) contacting at least one seedling with Agrobacterium cells, said Agrobacterium cells harboring a vector, said vector enabling said Agrobacterium cells to transfer T-DNA containing at least one gene or gene fragment to said seedling;
B) applying a vacuum to said seedling in contact with said Agrobacterium cells at a first time, said vacuum of sufficient strength to force said Agrobacterium cells into intimate contact with said seedling such that said Agrobacterium cells transfer said T-DNA to cells of said seedling at a second time, wherein said first and second time are the same or different.

Claim 9

A method for direct plant transformation using seedlings and Agrobacterium comprising:

A) contacting at least one seedling with a mixture of Agrobacterium cells, said mixture comprising cells from a Agrobacterium strain harboring a vector with a DNA fragment and cells from said Agrobacterium strain harboring said vector a second DNA fragment, said vector enabling said Agrobacterium cells to transfer said T-DNA to said seedling;
B) applying a vacuum to said seedling in contact with said Agrobacterium cells at a first time, said vacuum of sufficient strength to force said Agrobacterium cells into intimate contact with said seedling such that said Agrobacterium cells transfer T-DNA to cells of said seedling at a second time, wherein said first and second time are the same or different.

Claim 18

A method for direct plant transformation using seedlings and Agrobacterium comprising:

A) contacting at least one seedling with Agrobacterium cells, said Agrobacterium cells harboring a vector, said vector enabling said Agrobacterium cells to transfer T-DNA containing at least one gene or gene fragment and a selectable marker gene to said seedling;
B) applying a vacuum to said seedling in contact with said Agrobacterium cells at a first time, said vacuum of sufficient strength to force said Agrobacterium cells into intimate contact with said seedling such that said Agrobacterium cells transfer said T-DNA to cells of said seedling at a second time, wherein said first and second time are the same or different;
C) allowing said transformed seedling to grow to maturity and set seed;
D) germinating said seed to form progeny;
E) exposing said progeny to an agent enabling detection of selectable marker gene expression;
F) selecting for progeny expressing said selectable marker gene and at least one gene, said expression of said selectable marker gene and at least one gene indicating gene transfer.

The claims as filed of the PCT application WO 2000/037663 recite:

  • a method for direct transformation of seedlings with Agrobacterium by placing the plant material with Agrobacterium having a vector with a gene of interest or a gene fragment in its T-DNA and applying vacuum to them so Agrobacterium enters into contact with the seedling and transfers the T-DNA to the plant cells;
  • a method as the one described above but the material is in contact with a mixture of Agrobacterium cells harboring different DNA fragments (aren't necessarily gene or gene fragments) in their T-DNAs; and
  • a method as the one first mentioned where after the transformation plants set seed and the progeny from these seeds is selected for the presence of a gene of interest and a selectable marker.

Status of National phase entries listed on INPADOC:

  1. Australia (AU25943/00 A) - application lapsed on 28 July 2005
  2. Canada (CA2352488 A1) - dead application on 23 December 2004 (i.e., the application cannot be reinstated).
  3. Europe (EP1141356 A2) - application deemed to be withdrawn on 2 February 2005
  4. Japan (JP2002533090 T) - application pending

The Samuel Roberts Noble Foundation

WO 2000/063400 A2

  • Earliest priority - 21 April 1999
  • Filed - 20 April 2000
  • OPI - 26 October 2000
  • Expected expiry - N/A 

Title - Plant transformation process

Claim 1

A method for direct plant transformation using plants and Agrobacterium comprising:

A) contacting the aerial portions of at least one plant at the time of flowering with Agrobacterium cells, said Agrobacterium cells harboring a vector, said vector enabling said Agrobacterium cells to transfer T-DNA containing at least one gene or gene fragment to said plant; and
B) applying a vacuum to said plant portions in contact with said Agrobacterium cells at a first time, said vacuum of sufficient strength to force said Agrobacterium cells into intimate contact with said plant such that said Agrobacterium cells transfer said T-DNA to cells of said plant at a second time to form a transformed plant, wherein said first time and said second time are the same or different.

Claim 9

A method for direct transformation of a plant comprising:

A) vernalizing and germinating initial seed to form said plant contacting the aerial portions of said plant at the time of flowering with Agrobacterium cells, said Agrobacterium cells harboring a vector, said vector enabling said Agrobacterium cells to transfer T-DNA containing at least one gene or gene fragment to said plant; and
B) applying a vacuum to said plant portions in contact with said Agrobacterium cells at a first time, said vacuum of sufficient strength to force said Agrobacterium cells into intimate contact with said plant such that said Agrobacterium cells transfer said T-DNA to cells of said plant at a second time to form a transformed plant, wherein said first time and said second time are the same or different.

Claim 17

A method for direct plant transformation using plants at the time of flowering and Agrobacterium comprising:
A) contacting aerial portions of at least one plant at the time of flowering with a mixture of Agrobacterium cells, said mixture comprising cells from a Agrobacterium strain harboring a vector with a DNA fragment and cells from said Agrobacterium strain harboring said vector with a second DNA fragment, said vector enabling said Agrobacterium cells to transfer said T-DNA to said plant; and
B) applying a vacuum to said plant portions in contact with said Agrobacterium cells at a first time, said vacuum of sufficient strength to force said Agrobacterium cells into intimate contact with said plant such that said Agrobacterium cells transfer T-DNA to cells of said plant at a second time to form a transformed plant, wherein said first time and said second time are the same or different.

Claim 25

A method for direct transformation of a plant at the time of flowering comprising:

A) vernalizing and germinating initial seed to form said plant contacting aerial portions of said plant at the time of flowering with a mixture of Agrobacterium cells, said mixture comprising cells from a Agrobacterium strain harboring a vector with a DNA fragment and cells from said Agrobacterium strain harboring said vector with a second DNA fragment, said vector enabling said Agrobacterium cells to transfer said T-DNA to said plant; and
B) applying a vacuum to said plant portions in contact with said Agrobacterium cells at a first time, said vacuum of sufficient strength to force said Agrobacterium cells into intimate contact with said plant such that said Agrobacterium cells transfer T-DNA to cells of said plant at a second time to form a transformed plant, wherein said first time and said second time are the same or different.

Claim 33

A method for direct plant transformation using plants at the time of flowering and Agrobacterium

comprising:A) contacting aerial portions of at least one plant at the time of flowering with Agrobacterium cells, said Agrobacterium cells harboring a vector, said vector enabling said Agrobacterium cells to transfer T-DNA containing at least one gene or gene fragment and a selectable marker gene to said plant;
B) applying a vacuum to said plant portions in contact with said Agrobacterium cells at a first time, said vacuum of sufficient strength to force said Agrobacterium cells into intimate contact with said plant such that said Agrobacterium cells transfer said T-DNA to cells of said plant at a second time to form a transformed plant, wherein said first time and said second time are the same or different;
C) allowing said transformed plant to grow to maturity and set seed;
D) germinating said seed to form progeny;
E) exposing said progeny to an agent enabling detection of selectable marker gene expression; and
F) selecting for progeny expressing said selectable marker gene and at least one gene, said expression of said selectable marker gene and at least one gene indicating gene transfer.

Claim 36

A method for direct transformation of a plant at the time of flowering comprising:

A) vernalizing and germinating initial seed to form said plant;
B) contacting aerial portions of said plant at the time of flowering with Agrobacterium cells, said Agrobacterium cells harboring a vector, said vector enabling said Agrobacterium cells to transfer T-DNA containing at least one gene or gene fragment and a selectable marker gene to said plant;
C) applying a vacuum to said plant portions in contact with said Agrobacterium cells at a first time, said vacuum of sufficient strength to force said Agrobacterium cells into intimate contact with said plant such that said Agrobacterium cells transfer said T-DNA to cells of said plant at a second time to form a transformed plant, wherein said first time and said second time are the same or different;
D) allowing said transformed plant to grow to maturity and set seed; germinating said seed to form progeny;
E) exposing said progeny to an agent enabling detection of selectable marker gene expression; and
F) selecting for progeny expressing said selectable marker gene and at least one gene, said expression of said selectable marker gene and at least one gene indicating gene transfer.

Status of National phase entries listed on INPADOC:

  1. Australia (AU43652/00 A) - application lapsed on 8 December 2005
  2. Canada (CA2370638 A1) - dead application on 20 April 2005 (i.e., the application cannot be reinstated).
  3. Europe (EP1171618 A2) - application deemed to be withdrawn on 11 May 2005
  4. New Zealand (NZ513993 A) - application void on 30 January 2004.

Note: Patent information on this page was last updated on 8 March 2006.

Vacuum Infiltration of seedling plants

Patent application filed by The Samuel Roberts Noble Foundation

Actual pending claims

EP 1141356 A2

Claim 1

A method for direct plant transformation using seedlings and Agrobacterium comprising: A) contacting at least one seedling with Agrobacterium cells, said Agrobacterium cells harboring a vector, said vector enabling said Agrobacterium cells to transfer T-DNA containing at least one gene or gene fragment to said seedling;
B) applying a vacuum to said seedling in contact with said Agrobacterium cells at a first time, said vacuum of sufficient strength to force said Agrobacterium cells into intimate contact with said seedling such that said Agrobacterium cells transfer said T-DNA to cells of said seedling at a second time, wherein said first and second time are the same or different.

Claim 9

A method for direct plant transformation using seedlings and Agrobacterium comprising: A) contacting at least one seedling with a mixture of Agrobacterium cells, said mixture comprising cells from a Agrobacterium strain harboring a vector with a DNA fragment and cells from said Agrobacterium strain harboring said vector a second DNA fragment, said vector enabling said Agrobacterium cells to transfer said T-DNA to said seedling;
B) applying a vacuum to said seedling in contact with said Agrobacterium cells at a first time, said vacuum of sufficient strength to force said Agrobacterium cells into intimate contact with said seedling such that said Agrobacterium cells transfer T-DNA to cells of said seedling at a second time, wherein said first and second time are the same or different.

Claim 18

A method for direct plant transformation using seedlings and Agrobacterium comprising: A) contacting at least one seedling with Agrobacterium cells, said Agrobacterium cells harboring a vector, said vector enabling said Agrobacterium cells to transfer T-DNA containing at least one gene or gene fragment and a selectable marker gene to said seedling;
B) applying a vacuum to said seedling in contact with said Agrobacterium cells at a first time, said vacuum of sufficient strength to force said Agrobacterium cells into intimate contact with said seedling such that said Agrobacterium cells transfer said T-DNA to cells of said seedling at a second time, wherein said first and second time are the same or different;
C) allowing said transformed seedling to grow to maturity and set seed;
D) germinating said seed to form progeny;
E) exposing said progeny to an agent enabling detection of selectable marker gene expression;
F) selecting for progeny expressing said selectable marker gene and at least one gene, said expression of said selectable marker gene and at least one gene indicating gene transfer.

Vacuum Infiltration of flowering plants


Patent application filed by The Samuel Roberts Noble Foundation

Actual pending claims

EP 1171618 A2

Claim 1

A method for direct plant transformation using plants and Agrobacterium comprising: A) contacting the aerial portions of at least one plant at the time of flowering with Agrobacterium cells, said Agrobacterium cells harboring a vector, said vector enabling said Agrobacterium cells to transfer T-DNA containing at least one gene or gene fragment to said plant; and
B) applying a vacuum to said plant portions in contact with said Agrobacterium cells at a first time, said vacuum of sufficient strength to force said Agrobacterium cells into intimate contact with said plant such that said Agrobacterium cells transfer said T-DNA to cells of said plant at a second time to form a transformed plant, wherein said first time and said second time are the same or different.

Claim 9

A method for direct transformation of a plant comprising: A) vernalizing and germinating initial seed to form said plant contacting the aerial portions of said plant at the time of flowering with Agrobacterium cells, said Agrobacterium cells harboring a vector, said vector enabling said Agrobacterium cells to transfer T-DNA containing at least one gene or gene fragment to said plant; and
B) applying a vacuum to said plant portions in contact with said Agrobacterium cells at a first time, said vacuum of sufficient strength to force said Agrobacterium cells into intimate contact with said plant such that said Agrobacterium cells transfer said T-DNA to cells of said plant at a second time to form a transformed plant, wherein said first time and said second time are the same or different.

Claim 17

A method for direct plant transformation using plants at the time of flowering and Agrobacterium comprising:
A) contacting aerial portions of at least one plant at the time of flowering with a mixture of Agrobacterium cells, said mixture comprising cells from a Agrobacterium strain harboring a vector with a DNA fragment and cells from said Agrobacterium strain harboring said vector with a second DNA fragment, said vector enabling said Agrobacterium cells to transfer said T-DNA to said plant; and
B) applying a vacuum to said plant portions in contact with said Agrobacterium cells at a first time, said vacuum of sufficient strength to force said Agrobacterium cells into intimate contact with said plant such that said Agrobacterium cells transfer T-DNA to cells of said plant at a second time to form a transformed plant, wherein said first time and said second time are the same or different.

Claim 25

A method for direct transformation of a plant at the time of flowering comprising: A) vernalizing and germinating initial seed to form said plant contacting aerial portions of said plant at the time of flowering with a mixture of Agrobacterium cells, said mixture comprising cells from a Agrobacterium strain harboring a vector with a DNA fragment and cells from said Agrobacterium strain harboring said vector with a second DNA fragment, said vector enabling said Agrobacterium cells to transfer said T-DNA to said plant; and
B) applying a vacuum to said plant portions in contact with said Agrobacterium cells at a first time, said vacuum of sufficient strength to force said Agrobacterium cells into intimate contact with said plant such that said Agrobacterium cells transfer T-DNA to cells of said plant at a second time to form a transformed plant, wherein said first time and said second time are the same or different.

Claim 33

A method for direct plant transformation using plants at the time of flowering and Agrobacterium comprising: A) contacting aerial portions of at least one plant at the time of flowering with Agrobacterium cells, said Agrobacterium cells harboring a vector, said vector enabling said Agrobacterium cells to transfer T-DNA containing at least one gene or gene fragment and a selectable marker gene to said plant;
B) applying a vacuum to said plant portions in contact with said Agrobacterium cells at a first time, said vacuum of sufficient strength to force said Agrobacterium cells into intimate contact with said plant such that said Agrobacterium cells transfer said T-DNA to cells of said plant at a second time to form a transformed plant, wherein said first time and said second time are the same or different;
C) allowing said transformed plant to grow to maturity and set seed;
D) germinating said seed to form progeny;
E) exposing said progeny to an agent enabling detection of selectable marker gene expression; and
F) selecting for progeny expressing said selectable marker gene and at least one gene, said expression of said selectable marker gene and at least one gene indicating gene transfer.

Claim 36

A method for direct transformation of a plant at the time of flowering comprising: A) vernalizing and germinating initial seed to form said plant;
B) contacting aerial portions of said plant at the time of flowering with Agrobacterium cells, said Agrobacterium cells harboring a vector, said vector enabling said Agrobacterium cells to transfer T-DNA containing at least one gene or gene fragment and a selectable marker gene to said plant;
C) applying a vacuum to said plant portions in contact with said Agrobacterium cells at a first time, said vacuum of sufficient strength to force said Agrobacterium cells into intimate contact with said plant such that said Agrobacterium cells transfer said T-DNA to cells of said plant at a second time to form a transformed plant, wherein said first time and said second time are the same or different;
D) allowing said transformed plant to grow to maturity and set seed; germinating said seed to form progeny;
E) exposing said progeny to an agent enabling detection of selectable marker gene expression; and
F) selecting for progeny expressing said selectable marker gene and at least one gene, said expression of said selectable marker gene and at least one gene indicating gene transfer.

Monocots

Overview

wheatsheafMonocots (Monocotyledonous) comprise one of the large divisions of Angiosperm plants (flowering plants with seeds protected within a vessel). They are herbaceous plants with parallel veined leaves and have an embryo with a single cotyledon, as opposed to dicot plants (dicotyledonous), which have an embryo with two cotyledons.

Most of the important staple crops of the world, the so-called cereals, such as wheat, barley, rice, maize, sorghum, oats, rye and millet, are monocots. Other food crops such as onion, garlic, ginger, banana, plantain, yam and asparagus are also classified as monocots.

barleyharvest

Agrobacterium-mediated transformation of commercially important monocots was first attained in rice and maize in the mid 90's. Following these achievements, other monocot crops were successfully transformed and refinements of techniques led to improved regeneration of transformed monocot tissue.

In this section of the document, the selected patents directed to Agrobacterium transformation of monocots are categorized as:

General Monocot Transformation Methods

Summary

Japan Tobacco (in Japan), Rhône-Poulenc Agro (in France), University of Guelph (in Canada) and recently, Paradigm Genetics (in the US), the Department of Primary Industries of Queensland (AU) and the National Institute of Agrobiological Resources (in Japan) have granted patents or patent applications directed to methods for Agrobacterium-mediated transformation of any monocot with a gene of interest. The main difference among them lies in:

callus2Japan Tobacco claims the transformation of a monocot callus during a dedifferentiation process and the transformation of the scutellum of an immature embryo prior to dedifferentiation. Thus, these patents granted in the United States and Australia cover transformation of monocot tissues that are widely and commonly used. In the United States, the breadth of the claimed monocot callus transformation method appears limited only by the minimum number of days in culture before the transformation process takes place. This time limit is not part of the claims in either the Australian patent or European patent application.

riceflowersRhône-Poulenc Agro (now Bayer Crop Science) claims the transformation of a monocot inflorescence via Agrobacterium. The inflorescence can be dissected and then transformed. Alternatively, callus formation is induced from an inflorescence in culture, and the derived callus is transformed with Agrobacterium. A transgenic monocot plant is then regenerated from the transformed inflorescence-derived callus. The invention is thus limited to transformation of a monocot inflorescence. Other tissues are not part of the scope of the claims.

In contrast to the previous two inventions that disclose particular tissue types for transformation, the Paradigm Genetics application discloses the use of vacuum infiltration in the presence of a phenolic compound for monocot transformation with Agrobacterium. A limitation of the claims as filed in the patent application is the use of a monocot flower. An apparatus to perform vacuum infiltration of the monocot plant is also part of the disclosed invention. It remains to be seen what claim scope is ultimately granted.

The Department of Primary Industries of Queensland does not disclose a particular tissue to be transformed in its PCT patent application. Neither are particular conditions stated for the transformation process. One limitation of the claimed invention consists of formation of an organogenic callus by the transformed plant cells.

The University of Guelph has a US application derived from a PCT application. An Australian application lapsed in 2002. The applications describe the use of vacuum infiltration in combination with a phenolic compound for the transformation of a monocot with Agrobacterium.

The National Institute of Agrobiological Resources (Japan) has PCT and European applications that disclose a method for transforming a monocot by treatment of intact seed with Agrobacterium containing a recombinant gene of interest.

Patents and applications assigned to Japan Tobacco

Japan Tobacco has patents and applications relating to Agrobacterium-transformation of monocots.  The granted patents include.

The patents and patent applications disclose an explant of a monocot in the process of dedifferentiation or already dedifferentiated used for transformation with Agrobacterium.

According to the scientific literature, differentiation of a cell is the process through which a cell becomes specialized to perform a particular function. A dedifferentiation process is thus the opposite of specialization. During cell dedifferentiation, more random planes of cell division increase progressively and there is a loss of organized structures.

Patents granted to Japan Tobacco

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 5591616

  •  
  • Earliest priority - 7 July 1992
  • Filed - 3 May 1994
  • Granted - 7 Jan 1997
  • Expected expiry - 2 May 2014
Title - Method of transforming monocotyledon

Claim 1

A method for transforming a monocotyledon callus, comprising contacting a cultured tissue of a monocotyledon during dedifferentiation wherein said dedifferentiation is obtained by culturing an explant on a dedifferentiation-inducing medium for not less than 7 days or a dedifferentiated cultured tissue of a monocotyledon, with a bacterium belonging to the genus Agrobacterium containing a desired gene.

Claim 17

A method for transforming a monocotyledon with a desired gene, comprising:

A) contacting a cultured tissue of said monocotyledon during dedifferentiation thereof, or a dedifferentiated cultured tissue of said monocotyledon, with a suspension of Agrobacterium tumefaciens having a cell population of 106 to 1011 cells/ml for 3-10 minutes, and then
B) culturing said cultured tissue of said monocotyledon during dedifferentiation thereof, or said dedifferentiated cultured tissue of said monocotyledon, on a solid medium for several days together with said Agrobacterium tumefaciens, or
C) adding said Agrobacterium tumefaciens to culture medium in which said cultured tissue of said monocotyledon during dedifferentiation thereof or said dedifferentiated cultured tissue of said monocotyledon is cultured, and continuously culturing said cultured tissue of said monocotyledon during dedifferentiation or said dedifferentiated cultured tissue of said monocotyledon together with said Agrobacterium tumefaciens,

wherein said dedifferentiated cultured tissue of said monocotyledon is selected from the group consisting of a tissue cultured during the process of callus formation which is cultured for not less than 7 days after an explant is placed on a dedifferentiation-inducing medium and a callus, and
wherein said Agrobacterium tumefaciens contains plasmid pTOK162, and said desired gene is present between border sequences of the T region of said plasmid pTOK162, or wherein said desired gene is present in another plasmid contained in said Agrobacterium tumefaciens.

The patent discloses  that "the term 'dedifferentiated tissue' ...means a callus or an adventitious embryo-like tissue obtained by culturing an explant in a medium containing a plant growth regulator such as an auxin or a cytokinin."

Japan Tobacco

US 7060876

  • Earliest priority - 7 July 1992
  • Filed - 13 Jan 1999
  • Granted - 13 Jun 2006
  • Expected expiry - 2 May 2014

Title - Method for transforming monocotyledons

Claim 1

A method for transforming a monocot plant comprising:

i) culturing an explant of said monocot plant, or a tissue isolated from said explant, for one to six days in a medium comprising at least one auxin to obtain a cultured tissue;
ii) co-culturing the cultured tissue from step i) with an Agrobacterium bacterium comprising a polynucleotide of interest;
iii) selecting cultured tissue into which the polynucleotide of interest has been introduced; and
iv) culturing the selected tissue on a regeneration medium to obtain a transformed monocot plant.

Claim 16

A method for transforming a tissue of a monocot plant comprising:

i) culturing an explant of an immature tissue of a monocot plant for one to six days on a medium comprising at least one auxin and that induces dedifferentiation of the cells of the explanted tissue to obtain a dedifferentiating or dedifferentiated cultured immature tissue;
ii) contacting the dedifferentiating or dedifferentiated cultured immature tissue with cells of Agrobacterium bacteria that comprise a vector comprising at least one virulence gene of a Ti plasmid, a left T-DNA border, a right T-DNA border and a polynucleotide of interest located between the left T-DNA border and the right T-DNA border;
thereby obtaining a transformed plant tissue.

Claim 20

A method for obtaining a transformed monocot plant comprising

i) culturing an explant of an immature tissue of a monocot plant for one to six days on a medium comprising at least one auxin and that induces dedifferentiation of the cells of the explanted tissue to obtain a dedifferentiating or dedifferentiated cultured immature tissue;
ii) contacting the dedifferentiating or dedifferentiated cultured immature tissue with cells of Agrobacterium bacteria that comprise a vector comprising at least one virulence gene of a Ti plasmid, a left T-DNA border, a right T-DNA border and a polynucleotide of interest located between the left T-DNA border and the right T-DNA border; thereby obtaining a transformed plant tissue; and
iii) culturing the transformed plant tissue on at least one regeneration medium, thereby obtaining a transformed monocot plant.

Granted US 7060876 is a continuation of US 08/668464 (now abandoned), which is a continuation-in-part of now granted US 5591616.

The claims are generally drawn towards:

  • a method for transforming a monocot plant comprising culturing an explant or a tissue from an explant for one to six days in a medium comprising at least one auxin (claim 1)
  • a method for transforming a tissue of a monocot plant comprising culturing an explant of an immature tissue for one to six days on a medium comprising at least one auxin (claim 16)
  • a method for obtaining a transformed monocot plant comprising culturing an explant of an immature tissue for one to six days on a medium comprising at least one auxin (claim 20)

Granted US 7060876 and US 5591616 together cover the whole duration of the dedifferentiation period of monocot plant tissue that can be used as transformation material by Agrobacterium in the United States.

The term "less than seven days" in the application US 2002/0178463 has been changed to "one to six days", and there is no limit on the type of plasmid that is contained in the Agrobacterium that is used to transform the monocot plant in granted US 7060876.

US 2002/0178463

  • Earliest priority - 7 July 1992
  • Filed - 13 Jan 1999
  • Pubished - 28 November 2002
  • Granted as US 7060876 (see above)
  • Expected expiry - N/A

Title - Method of transforming monocotyledons

Claim 1

A method for transforming a monocotyledon, comprising contacting a cultured tissue of said monocotyledon during dedifferentiation thereof obtained by culturing an explant on a dedifferentiation-inducing medium for less than 7 days with a bacterium belonging to the genus Agrobacterium containing a super binary vector having the virulence region of Ti plasmid pTiBo542 contained in Agrobacterium tumefaciens A281, left and right border sequences of T-DNA of a Ti plasmid or an Ri plasmid of a bacterium belonging to the genus Agrobacterium, and a desired gene located between said left and right border sequences.

Claim 13

A method for transforming a monocotyledon, comprising contacting a cultured tissue of said monocotyledon during dedifferentiation thereof obtained by culturing an explant derived from an immature tissue on a dedifferentiation-inducing medium for less than 7 days with a bacterium belonging to the genus Agrobacterium containing a desired gene and containing a vector having the virulence region of Ti plasmid contained in Agrobacterium tumefaciens.

United States patent application US 2002/0178463 is a continuation-in-part of application US 08/193,058 (now patent US 5,591,616, see above). The content of this application is very similar to the parent application. The main difference in the claims is that independent Claim 1 recites the use of a superbinary vector having the virulence region of a defined Ti plasmid and contained in a specific strain of Agrobacterium tumefaciens and tissue is cultured in dedifferentiating medium for less than 7 days. 

 In claim 13, the explant is derived from an immature tissue. The application discloses that the "term 'immature' means that the tissue has not reached the matured state of the tissue and will mature under conditions which allow the maturation."  The description doesn't clarify what physiological or phenotypic properties an immature tissue has but merely basically restates that "immature" means not mature.

AU 667939 B

  • Earliest priority - 7 July 1992
  • Filed - 6 July 1993
  • Granted - 18 April 1996
  • Expected expiry - 5 July 2013
Title - Method of transforming monocotyledon

The lead claim in the Australian patent AU 667939 B is broader than in the United States patent.

In the Australian patent, a dedifferentiating or dedifferentiated tissue of a monocot is also used as the initial tissue for transformation, but there is no restriction with respect to a minimum number of days of culture in the medium to induce dedifferentiation.

Claim 1

A method for transforming a monocotyledon comprising transforming a cultured tissue during dedifferentiation process or a dedifferentiated cultured tissue of said monocotyledon with a bacteria belonging to genus Agrobacterium containing a desired gene.

EP 604662 A1
  • Earliest priority - 7 July 1992
  • Filed - 6 July 1993
  • Application pending
Title - Method of transforming monocotyledon

The claims submitted in the European application EP 604 662 A1 are the same as the claims of the Australian patent.

Remarks

National phase entry of PCT application WO 94/0977 in Canada (CA 2121545) is still pending.

Note: Patent information on this page was last updated on 3 February 2006.

Patents and application assigned to Japan Tobacco-Patents and application assigned to Japan Tobacco

This family of patents and one application disclose the use of an immature embryo of a monocot for Agrobacterium-mediated transformation. Within the embryo, the tissue to be transformed is the scutellum, which is the name given to the cotyledon of monocot plants. The transformed scutellum can be induced to become dedifferentiated calli that have the ability to regenerate normal plants after transformation.

In addition, they disclose an Agrobacterium used for transformation that contains a Ti or Ri (root-inducing) plasmid with a desired gene and a plasmid having a virulence region derived from the A. tumefaciens Ti plasmid pTiBo542.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

AU 687863 B

  • Earliest priority - 3 September 1993
  • Filed - 1 Sept 1994
  • Granted - 5 March 1998
  • Expected expiry - 31 Aug 2014

Title - Method of transforming monocotyledon by using scutellum of immature embryo

Claim 1

A method for transforming monocotyledons comprising transforming scutellum of an immature embryo of a monocotyledon with a bacterium belonging to genus Agrobacterium containing a desired gene, which immature embryo has not been subjected to a dedifferentiation treatment, to obtain a transformant.

The claims of the Australian patent AU 687863 are directed to

  • a method for transforming a scutellum of an immature embryo of a monocotyledon with Agrobacterium having a desired gene. The embryo is not submitted to a dedifferentiation process prior to transformation with Agrobacterium.

Japan Tobacco

EP 672752 B1

  • Earliest priority - 3 September 1993
  • Filed - 1 Sept 1994
  • Granted - 26 May 2004
  • Expected expiry - 31 Aug 2014

Title - Method of transforming monocotyledon by using scutellum of immature embryo

Claim 1

A method for transforming monocotyledons comprising transforming scutellum of an immature embryo of a monocotyledon with a bacterium belonging to genus Agrobacterium containing a desired gene, which immature embryo has not been subjected to a dedifferentiation treatment, to obtain a transformant.

The independent claim is the same as the Australian patent.

Designated contracting States at the time of grant are: Austria, Belgium, Switzerland, Germany, Denmark, Spain, France, United Kingdom, Greece (reported on INPADOC as lapsed), Ireland, Italy, Liechtenstein, Luxembourg, Monaco (reported on INPADOC as lapsed), Netherlands, Portugal, Sweden.

EP 672752 A1

  • Earliest priority - 3 September 1993
  • Filed - 1 September 1994
  • OPI - 20 September 1995
  • Granted as EP 672752 B1 (see above)

Title - Method of transforming menocotyledon by using scutellum of immature embryo

This application has been granted as EP 672752 B1 (see above).

The independent claim in this application has been granted without amendments.

Remarks
  1. The United States application No. 428238, corresponding to a PCT application, was filed on 3 May 1995. Specification and claims of the PCT application WO 956722 are in Japanese.
  2. National phase entry of the PCT application WO 956722 in Japan (JP 3329819) has been granted on Sept 30 2002.
  3. National phase entry of the PCT application WO 956722 in Canada (CA 2148499) is still pending.

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

Patent assigned to Rhône-Poulenc Agro

The invention disclosed in the following patent is directed to the use of an inflorescence of a monocot as a target tissue to be transformed with Agrobacterium. In the method, a dissected inflorescence or a callus derived from the dissected inflorescence is co-cultivated with Agrobacterium.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 6037522

  • Earliest priority - 23 June 1998
  • Filed - 23 June 1998
  • Granted - 14 March 2000
  • Expected expiry - 22 June 2018

Title- Agrobacterium-mediated transformation of monocots

Claim 1

A method of transforming a monocot comprising co-cultivating a monocot inflorescence with Agrobacterium containing a plasmid comprising a heterologous nucleic acid.

Claim 5

A method of transforming a monocot comprising:

A) dissecting an inflorescence from a monocot;
B) initiating a callus from the inflorescence to generate an inflorescence-derived callus; and
C) co-cultivating the inflorescence-derived callus with Agrobacterium containing a plasmid comprising a heterologous nucleic acid.

Claim 13

A method of making a transgenic monocot comprising:

A) dissecting an inflorescence from a monocot;
B) initiating a callus from the inflorescence to generate an inflorescence-derived callus;
C) co-cultivating the inflorescence-derived callus with Agrobacterium containing a plasmid comprising a heterologous nucleic acid; and
D) regenerating a transgenic monocot from the callus.

Claim 16

A method of making a transgenic monocot comprising:

A) dissecting an inflorescence from a monocot;
B) co-cultivating the inflorescence with Agrobacterium containing a plasmid comprising a heterologous nucleic acid;
C) initiating a callus from the inflorescence; and
D) regenerating a transgenic monocot from the callus.

The United States patent US 6037522 claims

  • a method of transforming an inflorescence of a monocot  with Agrobacterium having heterologous DNA where:
  1.  the inflorescence to be transformed is first dissected and  then co-cultivated with Agrobacterium; or
  2.  the inflorescence to be transformed is first cultured in a medium to induce callus formation and then the callus is transformed with Agrobacterium.

Dependent claims also recite transgenic monocots, seeds or progeny of transgenic monocots produced by the methods.

      The patent describes that "heterologous nucleic acid"  is nucleic acid which is not normally found in Agrobacterium T-DNA or the monocot that is to be transformed and includes all synthetically engineered and biologically derived genes which may be introduced into a plant by genetic engineering, including, but not limited, to nonplant genes, modified genes, synthetic genes, portion of genes, and genes from monocots and other plant species.

Rhône-Poulenc Agro

(now Aventis CropScience,
now owned by Bayer)

Remarks

The related Australian application AU 46163/99 A1 was abandoned on March 15, 2001.

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

Patent application filed by Paradigm Genetics Inc.

The PCT disclosure refers to transformation of monocot plants with Agrobacterium using vacuum infiltration. The explant to be transformed is a flower . The monocot flower is in contact with a solution containing Agrobacterium while the vacuum is applied. An apparatus to carry out the vacuum infiltration is also described.

Specific PCT Application Information

PCT Number

Title, Independent Claims and Summary of Claims

Assignee

WO 0112828 A1

  • Earliest priority - 18 August 1999
  • Filed - 17 August 2000
  • OPI - 22 February 2001
  • Expected expiry - N/A 

Title - Methods and apparatus for transformation of monocotyledonous plants using Agrobacterium in combination with vacuum filtration

Claim 1

An in planta method of transforming a monocotyledonous plant comprising:

A) contacting at least one flower of the monocotyledonous plant with a solution or suspension comprising an Agrobacterium clone; and
B) subjecting said plant to a vacuum effective to cause entry of the Agrobacterium clone into at least one flower of the plant.

Claim 40

An apparatus for the transformation of a monocotyledonous plant, comprising:

  1. a vacuum chamber of sufficient size to contain at least one monocotyledonous plant;
  2. means for generating a vacuum;
  3. a connector that connects the means for generating a vacuum with the vacuum chamber; and
  4. means for affixing the monocotyledonous plant inside the vacuum chamber.

The  PCT application claims:

  • an in planta method of transforming a monocot flower by contacting at least one flower with Agrobacterium in suspension or in solution and applying vacuum to cause the entry of Agrobacterium into the plant flower.
  • an apparatus for transforming a monocot plant comprising a vacuum chamber of sufficient size to contain the plant, means to generate the vacuum and affix the plant inside the chamber.

The present application also contains independent claims reciting methods for transforming rice plants. They are discussed under the section Particular monocots - Rice.

Paradigm Genetics Inc

Remarks

A related patent application filed in Australia (AU 67807/00) has lapsed on 2 May 2002.

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

Patent application filed by The Department of Primary Industries of Queensland

The present disclosure refers to transformation of monocot cells through Agrobacterium. The explant to be transformed can be from any monocotyledonous plant. An advantage of the disclosed method according to the applicant is that the transformed monocot cells form an organogenic callus instead of an embryogenic callus. A modified monocot plant is regenerated from the organogenic callus formed by the selected transformed plant cells.

The application does not provide a definition for either organogenic or embryogenic callus. According to commonly accepted definitions in the scientific literature (which may or may not be used to construe the patent claims), during the development of an organogenic callus, the shoot or root organ, usually a shoot, is induced to form first, followed by root or shoot formation from that shoot or root. In an embryogenic callus type, embryo-like structures develop, called somatic embryos, that then simultaneously develop shoots and roots. Use of embryogenic callus, according to the applicant, is time consuming, labor intensive and not always successful.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

WO 01/33943 A1

  • Earliest priority - 5 November 1999
  • Filed - 3 November 2000
  • OPI - 17 May 2001
  • Expected expiry - N/A 

Title - A method of plant transformation

Claim 1

A method of transforming cells of a monocotyledonous plant with genetic material, said method comprising:

A) obtaining an explant from said plant;
B) co-cultivating the explant with Agrobacterium species having a T-DNA or T-DNA region comprising the genetic material to be transformed into the plant cells for a time and under conditions sufficient for the genetic material to transfer into the plant cells without said Agrobacterium overgrowing the plant cells; and
C) selecting for the transformed plant cells and permitting the cells to form organogenic callus.

Claim 21

A method for producing a genetically modified monocotyledonous plant, said method comprising:

A) obtaining explant from a plant to be genetically modified;
B) co-cultivating the explant with Agrobacterium species having a T-DNA or T-DNA region comprising genetic material to be transformed into said plant cells for a time and under conditions sufficient for the genetic material to transfer to plant cells without said Agrobacterium overgrowing the plant cells;
C) selecting transformed plant cells and permitting the cells to form organogenic callus; and then
D) regenerating a plant from selected transformed plant cells.

Claim 41

A method for producing a genetically modified monocotyledonous plant, said method comprising:

A) obtaining an explant from said plant to be genetically modified;
B) co-cultivating the explant with Agrobacterium species having a T-DNA or T-DNA region comprising the genetic material to be transformed into the plant cells for a time and under conditions sufficient for the genetic material to transfer into the plant cells without the Agrobacterium overgrowing the plant cells;
C) selecting for the transformed plant cells and permitting the cells to form organogenic callus; and
D) regenerating a plant from said transformed organogenic callus.

The present PCT application recites:

  • method of transforming cells of a monocot plant by co-cultivating an explant with Agrobacterium having a T-DNA with genetic material to be transferred into the plant cells. The bacteria do not overgrow the plant cells and the selected transformed cells form an organogenic callus.
  • a method for producing modified monocot plants by regenerating a plant from the organogenic callus containing the transformed cells.

The present application also contains independent claims directed to methods for transforming of pineapple plants (Claims 60 and 77). They are discussed under the section Particular monocots - Pineapple.

The Department of Primary Industries of Queensland

AU 779510 B2

  • Earliest priority - 5 November 1999
  • Filed - 3 Nov 2000
  • Granted - 27 Jan 2005
  • Expected expiry - 2 Nov 2020

Title - A method of plant transformation

Claim 1

A method of transforming cells of a pineapple plant with genetic material, said method comprising:

A) obtaining an explant from said plant;
B) co-cultivating the explant with Agrobacterium species having a T-DNA or T-DNA region comprising the genetic material to be transformed into the plant cells for a time and under conditions sufficient for the genetic material to transfer into the plant cells without said Agrobacterium overgrowing the plant cells; and
C) selecting for the transformed plant cells and permitting the cells to form organogenic callus.

Claim 19

A method for producing a genetically modified pineapple plant, said method comprising:

A) obtaining explant from a plant to be genetically modified;
B) co-cultivating the explant with Agrobacterium species having a T-DNA or T-DNA region comprising genetic material to be transformed into said plant cells for a time and under conditions sufficient for the genetic material to transfer to plant cells without said Agrobacterium overgrowing the plant cells;
C) selecting transformed plant cells and permitting the cells to form organogenic callus; and then
D) regenerating a plant from selected transformed plant cells.

Claim 37

A method for producing a genetically modified pineapple plant, said method comprising:

A) obtaining an explant from said plant to be genetically modified;
B) co-cultivating the explant with Agrobacterium species having a T-DNA or T-DNA region comprising the genetic material to be transformed into the plant cells for a time and under conditions sufficient for the genetic material to transfer into the plant cells without the Agrobacterium overgrowing the plant cells;
C) selecting for the transformed plant cells and permitting the cells to form organogenic callus; and
D) regenerating a plant from said transformed organogenic callus.

This granted patent is a national phase entry of WO 01/33943 (see above).

All three independent claims in the granted patent are limited to a "pineapple plant" instead of a "monocotyledonous plant".

Note: Patent information on this page was last updated on 5 February 2006.

Patent application filed by the University of Guelph (Canada)

The present disclosure is directed to transformation of any explant from monocot plants using Agrobacterium. According to the applicants, an advantage of the disclosed method is that vacuum infiltration of the tissue in the presence of Agrobacterium and a phenolic compound such as acetosyringone yields better transformation efficiency than by wounding. According to the inventors, the method is also simpler than previously described methods. Because the known patent applications have lapsed, the disclosed methods may be in the public domain. If you'd like to use it and are uncertain that it is in the public domain in your jurisdiction, it may be best to contact the assignee, for which a recent contact address disclosed on the website is plorenz@uoguelph.ca.

Specific PCT Application Information

PCT Number

Title, Independent Claims and Summary of Claims

Assignee

WO 00/58484 A2

  • Earliest priority - 26 March 1999
  • Filed - 26 September 2001
  • OPI - 5 October 2000
  • Expected expiry - N/A

Title - Transformation of monocotyledoneous plants using Agrobacterium

Claim 1

A method for the transformation of a monocot plant comprising,
i) exposing explant tissue of said monocot plant to an Agrobacterium strain under vacuum in the presence of a phenolic compound, said Agrobacterium strain comprising a heterologous gene of interest within a vector;
ii) removing said Agrobacterium from said explant tissue;
iii) adding an antibiotic against said Agrobacterium; and
iv) selecting explant tissue for occurrence of said heterologous gene of interest.

Claim 10

A method for the transformation of a monocot plant comprising,
i) placing explant tissue of said monocot plant into media comprising a suspension of Agrobacterium to obtain a mixture, said Agrobacterium strain comprising a heterologous gene of interest within a vector;
ii) maintaining said mixture under vacuum in the presence of acetosyringone;
iii) releasing said vacuum and further incubating said explant tissue in the presence of said Agrobacterium;
iv) transferring said explant tissue to fresh media comprising acetosyringone and incubating said explant tissue in the dark
v) washing said explant tissue with an antibiotic against said Agrobacterium,
vi) transferring said explant tissue to fresh media and allowing said explant tissue to differentiate, thereby producing differentiated calli;
vii) placing said differentiated calli onto media containing a selection agent, and maintaining said differentiated calli in the light; and
viii) obtaining calli that grow in the presence of the selection agent.

Claim 17

A method for the transformation of a monocot plant comprising,
i) placing explant tissue of said monocot plant into media comprising a phenolic compound, and a suspension of Agrobacterium to obtain a mixture, said Agrobacterium strain comprising a heterologous gene of interest within a vector;
ii) washing said explant tissue with an antibiotic against said Agrobacterium and transferring said explant tissue to fresh media comprising acetosyringone and incubating said explant tissue in the dark;
iii) transferring said explant tissue to fresh media and allowing said explant tissue to differentiate, thereby producing differentiated calli;
iv) placing said differentiated calli to media containing a selection agent, and maintaining said differentiated calli in the light; and
v) obtaining calli that grow in the presence of the selection agent.

The present PCT application recites:

  • method of transforming monocot plant
  • by vacuum infiltration of a plant tissue
  • with Agrobacterium having a heterologous gene of interest on a vector
  • in the presence of a phenoloic compound, e.g. acetosyringone.

University of Guelph

(Canada)

Remarks

Related applications in Australia (AU 112261/00), Canada (CA 2368841), and US (US 2002/112261) have lapsed or been withdrawn.

Note: Patent information on this page was last updated on 5 February 2006.

Patent application filed by the National Institute of Agrobiological Resources (JP)

The present disclosure is directed to transformation of monocot plants by infecting intact seed with Agrobacterium. Dependent claims recite that the seed is pre-germinated. Gramineae and more specifically rice are preferred embodiments mentioned in dependent claims.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Asignee

EP 1 198 985 A1

  • Earliest priority - 22 July 1999
  • Filed - 22 July 1999
  • Expected expiry - N/A
  • Status -pending

Title - Method for super-rapid transformation of monocotyledon

Claim 1

A method for transforming a monocotyledon, comprising a step of infecting an intact seed with an Agrobacterium which contains a desired recombinant gene.

The present EP application recites:

  • method of transforming monocot plant by infecting intact seed of a monocot with Agrobacterium.

Note:  because intact seed are mentioned in the broadest claim, transforming a damaged  seed could be outside the scope of the claims.

National Institute of Agrobiological Resources (JP)

AU775233 B2

  • Earliest priority - 22 July 1999
  • Filed - 22 July 1999
  • Granted - 22 July 2004
  • Expected expiry - 21 July 2019

Title - Method for super-rapid transformation of monocotyledon

Claim 1

A method for transforming a monocotyledon, comprising a step of infecting an intact seed with an Agrobacterium which contains a desired recombinant gene wherein the seed is a germinated seed which is germinated by preculturing four to five days after sowing on a medium comprising 2,4-D.

The granted independent claim of this patent is limited to transforming an intact germinated seed that has been precultured for four to five days after sowing with 2,4-D.

Remarks

National phase entry of PCT application WO 01/06844 in Canada (CA 2366104) and China (CN 1352522) are still pending.

Note: Patent information on this page was last updated on 5 February 2006.

Gramineae and Cereals

Summary

Gramineae is one of the largest families of monocot plants. Mostly herbaceous grass-like plants, this family includes several important staple crops (cereals) such as wheat, rice, maize, sorghum, barley, oats, and millet. It also encompasses plants such as bamboos, palms, and foraging grasses (e.g. turfgrass, king grass (Pennisetum purpureum), Brachiaria).

Remember that,

patents addressing the Gramineae family embrace cereals,
     but patents directed to cereals do not embrace all Gramineae.

Gramineae transformation. The United States and Australian patents granted to the University of Toledo and the United States patent granted to Goldman and Graves belong to the same patent family. They all claim a method for transforming seedlings of a Gramineae with a vir+ Agrobacterium. Furthermore, transformed pollen grains are obtained from a transformed seedling. Claims of both United States patents limit the inoculation of the bacterium to a particular area in the seedling.

Remarkably, the United States patent granted to Goldman and Graves also contains broad claims to the transformation of Gramineae with Agrobacterium. This particular claim encompasses any Gramineae, constituting one of the broadest claims recently issued in the area of plant transformation technologies. This could mean that any United States patent claiming Agrobacterium transformation of any tissue of a Gramineae may be dominated by this patent. The grant of this patent has wreaked havoc in the scientific community and multiple parties with interest in Agrobacterium- mediated transformation of Gramineae.

In 1998 the same inventors (Goldman and Graves)  filed a related United States patent application US 2002/0002711 A1 directed to transformation of Gramineae and corn in particular. One of the independent claims recites: "A transformed Gramineae". This could be the broadest claim one could think of, aiming to cover genetic transformation with any technique of an entire botanical family of enormous economic interest. If the above United States patent granted to Goldman and Graves caused outrage in the scientific community, the eventual granting of a claim as broad as the one filed in the present patent application could have had a disturbing impact on Gramineae transformation, for already existing transformants as well as for future transgenic Gramineae. Luckily, according to the USPTO, the patent application has been abandoned.

Cereal transformation. Plant Genetic Systems (now part of Bayer Crop Science) has a granted United States patent and a European application disclosing the transformation of any cereal with Agrobacterium. The claims require the wounding of a cereal tissue and the enzymatic disruption of a tissue cell wall before transformation. The European application additionally recites different transformation methods besides Agrobacterium. It remains to be seen what claim scope will be granted in Europe.

Patents granted to The University of Toledo

The invention disclosed in the following patents provides a method for transforming of Gramineae with a vir+ A. tumefaciens. A seedling is inoculated with the bacterium in an area of rapid cell division, which gives rise to germ cell lines. By inoculating this area, transformation of pollen is attained.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 5187073

  • Earliest priority - 30 June 1986
  • Filed - 13 November 1989
  • Granted - 16 February 1993
  • Expected expiry - 15 February 2010

Title - Process for transforming Gramineae and the products thereof

Claim 1

A method of producing transformed Gramineae, said method comprising:

A) making a wound in a graminaceous seedling with newly emerging radicle and stem, said wound being made in an area of the seedling containing rapidly dividing cells, wherein said area extends from the base of the scutellar node to slightly beyond the coleoptile node; and
B) inoculating the wound with vir+ A. tumefaciens.

The United States patent 5187073 claims

  • the transformation of a seedling of a Gramineae plant with vir+ A. tumefaciens in a wound located between the scutellar node and the coleoptile node

The University
of Toledo

US 6020539

  • Earliest priority - 30 June 1986
  • Filed - 27 June 1994
  • Granted - February 1 2000
  • Expected expiry - 15 February 2010

Title - Process for transforming Gramineae and the products thereof

Claim 1

A transformed pollen grain of a Gramineae produced by a plant grown from a seedling infected with vir+ Agrobacterium tumefaciens containing a vector comprising genetically-engineered T-DNA.

Claim 3

A transformed Gramineae plant derived from a seedling infected with vir+ Agrobacterium tumefaciens which contains a vector comprising genetically-engineered T-DNA.

Claim 6

A transformed Gramineae produced by making a wound in a graminaceous seedling with newly emerged radicle and stem, the wound being made in an area of the seedling containing rapidly dividing cells, wherein said area extends from the base of the scutellar node to slightly beyond the coleoptile node; and inoculating the wound with vir+ Agrobacterium tumefaciens.

Claim 17

A transformed Gramineae produced by making a wound in a graminaceous seedling with newly emerged radicle and stem, the wound being made in an area of the seedling containing rapidly dividing cells, wherein said area extends from the base of the scutellar node to slightly beyond the coleoptile node; and inoculating the wound with vir+ Agrobacterium tumefaciens; the transformed Gramineae containing a foreign gene which is an opine synthesis gene that is a nopaline synthase gene or an octopine synthase gene.

Claim 22

An Agrobacterium--mediated transformed Gramineae.

Claim 25

A transformed Gramineae plant comprising a genetically-engineered T-DNA further comprising a heterologous gene and a transcription unit in operable order.

This patent is a continuation of now abandoned US 08/016600, which is a continuation of now granted US 5187073.

Although assignment of this patent is not stated in the records provided by the International Patent Documentation Center (INPADOC) and USPTO PAIR, the patent can be licensed through the University of Toledo according to the information provided by the Office of Technology Licensing of the university.

The claims of the United States patent US 6,020,539 embrace the subject matter claimed in the United States patent US 5,187,073 and the Australian patent AU 606 874 B2 granted to the University of Toledo. That is the transformation of a Gramineae seedling in an area of high cellular division with vir+ A. tumefaciens. Transformed pollen and plants derived from the seedling inoculated with vir+ A. tumefaciens are also claimed.

United States patent US 6,020,539 further claims

  • the transformation of a Gramineae plant with a T-DNA having a foreign gene and a transcription unit;

  • either a nopaline synthase gene or an octopine synthase gene as a foreign gene;

  • the transformation of a Gramineae with Agrobacterium (claim 22).

This last, fairly broad claim does not restrict

  • the initial tissue to be transformed; any part, form or plant of a Gramineae can be used for the process;

  • the mechanism or procedure to achieve transformation with Agrobacterium; or

  • the species of Agrobacterium used to transform the Gramineae.

AU 606874 B2

  • Earliest priority - 30 June 1986
  • Filed - 30 June 1987
  • Granted - 21 February 1991
  • Expected expiry - 29 June 2007

Title - Transformation of Gramineae and products thereof

Claim 1

A method of producing transformed Gramineae, as hereinbefore defined, comprising:
A) making a wound in a seedling in an area of the seedling containing rapidly dividing cells that give rise to germ line cells; and
B) inoculating the wound with vir+ A. tumefaciens.

The Australian patent 606874 claims the transformation of a seedling with vir+ A. tumefaciens as well, but it does not specify the area where the inoculation occurs.

It claims

  • wounding of the seedling in an area that gives rise to germ cell lines;
  • transformed pollen derived from the transformed seedling having inserted foreign DNA in its cells;
  • transformed Gramineae plant derived from the seedling transformed with A. tumefaciens having a vector with engineered DNA
CA 1341455 A1
  • Earliest priority - 30 June 1986
  • Filed - 29 June 1987
  • Granted - 27 April 2004
  • Expected expiry  - 26 April 2021

Title - Process for transforming Gramineae and the products thereof

Claim 1

A method of producing transformed Gramineae comprising:
A) making a wound in a seedling in an area of the seedling containing rapidly dividing cells; and
B) inoculating the wound with vir+ A. tumefaciens.

Claim 10

A transformed pollen grain of a Gramineae.

Claim 11

A transformed pollen grain of a Gramineae produced by a plant grown from a seedling infected with vir+ Agrobacterium tumefaciens.

Claim 12

A transformed pollen grain of a Gramineae produced by a plant grown from a seedling infected with vir+ Agrobacterium tumefaciens which contains a vector comprising genetically-engineered T-DNA.

Claim 13

A transformed pollen grain of a Gramineae produced by a plant grown from a seedling infected with vir+ Agrobacterium tumefaciens which contains a vector comprising genetically-engineered T-DNA.

This patent claims

  • a method of Gramineae transformation by inoculating  vir+ Agrobacterium tumefaciens to a seedling that is wounded where the cells are rapidly dividing
  • a transformed Gramineae pollen grain (this claim is broad due to the fact that there is no limit on the method of transformation)
Remarks
  1. A corresponding patent and its divisional patent has been granted in Japan (JP 2693443 and JP 3234534 respectively).
  2. A continuation of now granted US 6020539 (US 2002-0002711 A1) has been abandoned.

Note: Patent information on this page was last updated on 14 February 2006.

Patent and application assigned to Plant Genetic Systems (now Bayer Crop Science)

The invention disclosed in the United States patent assigned to Plant Genetic Systems uses an embryogenic callus of a cereal, any cereal, as starting material for transformation with Agrobacterium. The tissue is either wounded or treated with an enzyme prior to the transformation process.

Plant Genetic Systems is now part of Bayer Crop Science, for which a recent contact address from their website on licensing is annette.josten@bayercropscience.com.

Specific Patent Data

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 6074877

  • Earliest priority - 23 November 1990
  • Filed - 28 May 1998
  • Granted - 13 June 2000
  • Expected expiry - 27 May 2018

Title - Process for transforming monocotyledonous plants

Claim 1

A process for the stable integration of a DNA, comprising a gene that is functional in a cell of a cereal plant, wherein said DNA is integrated into the nuclear genome of said cereal plant, said process comprising the steps of:

A) providing a compact embryogenic callus of said cereal plant;
B) wounding said compact embryogenic callus or treating said compact embryogenic callus with a cell wall degrading enzyme for a period of time so as not to cause a complete disruption of tissues, and transferring said DNA into the nuclear genome of a cell in said compact embryogenic callus by means of Agrobacterium-mediated transformation to generate a transformed cell; and
C) regenerating a transformed cereal plant from said transformed cell.

The United States patent 6074877 claims

  • Agrobacterium-mediated transformation of an embryogenic callus of a cereal, which is either wounded or treated with an enzyme that degrades cell walls;
  • introduction and stable integration of a gene into the nuclear genome of the callus cell;
  • regeneration of a transformed plant.

Plant Genetic Systems

(now Bayer Crop Science)

EP 955371 A2

  • Earliest priority - 23 November 1990
  • Filed - 21 November 1991
  • Granted as EP 955371 (see below)

Title - Process for transforming monocotyledonous plants

Claim 1

A method for the stable integration of a DNA comprising a gene that is functional in a cell of a cereal plant, into the nuclear genome of a cereal plant, said method comprising:

A) providing a compact embryogenic callus of a corn plant;
B) wounding and/or degrading said compact embryogenic callus and transferring said DNA in the nuclear genome of a cell in said compact embryogenic callus by means of electroporation, bombardment with DNA-coated microprojectiles or Agrobacterium-mediated transformation to generate a transformed cell; and optionally
C) regenerating a transformed cereal plant from said transformed cell.

Claim 18

The use of compact embryogenic callus of a cereal plant as starting material for transferring a DNA comprising a gene that is functional in a cell of a cereal plant, by means of electroporation, bombardment with DNA-coated microprojectiles or Agrobacterium-mediated transformation, into the nuclear genome of said cereal plant.

The patent application EP 955371 A2 additionally recites the use of electroporation and microbombardment for the transformation of an embryogenic callus of a cereal or corn. The claims submitted in the EP application include:

  • the use of an embryogenic callus of a cereal as starting tissue for transformation;
  • transformation of the tissue by either electroporation, microbombardment or Agrobacterium infection;
  • the insertion of a functional gene into the genome of the transformed cereal; and
  • the transformation of an embryogenic callus of corn.

EP 955371 B1

  • Earliest priority - 23 November 1990
  • Filed - 21 November 1991
  • Granted - February 22 2006
  • Expected expiry - 20 November 2011

Title - Process for transforming monocotyledonous plants

Claim 1

A method for the stable integration of a DNA comprising a gene that is functional in a cell of a cereal plant, into the nuclear genome of a cereal plant, said method comprising:

a) providing a compact embryogenic callus of a cereal plant;
b) wounding and/or degrading said compact embryogenic callus and transferring said DNA in the nuclear genome of a cell in said compact embryogenic callus by means of electroporation, bombardment with DNA-coated microprojectiles or Agrobacterium-mediated transformation to generate a transformed cell; and optionally
c) regenerating a transformed cereal plant from said transformed cell.

Claim 18

The use of compact embryogenic callus of a cereal plant as starting material for transferring a DNA comprising a gene that is functional in a cell of a cereal plant, by means of electroporation, bombardment with DNA-coated microprojectiles or Agrobacterium-mediated transformation, into the nuclear genome of said cereal plant.

Granted EP 955371 recites a method of cereal transformation that is not limited to Agrobacterium-mediated DNA transfer, but also includes electroporation and bombardment with DNA-coated microprojectiles.

Remarks
  1. The European application was assigned to Aventis CropScience N.V. on 7 June 2000.  This may now be assigned to Bayer Crop Science.
  2. A corresponding patent application in Canada (CA 2096843) is still pending.
  3. A corresponding patent in Japan (JP 3234598) has been granted with cereals limited to those of corn, wheat and rice.

Note: Patent information on this page was last updated on 8 March 2006.

Particular monocot plants

Find out more information about patents on particular monocot plants by following the links shown below.

Banana

Summary

BANANABanana is the first of the particular monocot plants presented in this section. Some of the patents discussed here refer to the genus Musa, to which banana and plantain belong.

The inventions assigned to Texas A&M University disclose transformation of a wounded meristematic tissue from a Musa plant with A. tumefaciens carrying an engineered T-DNA plasmid. Embryogenic material of banana transformed with Agrobacterium containing a gene of interest is disclosed by a United States patent and a European application assigned to Zeneca & DNA Plant Technology Corp.

The most limiting factors in the claims of these inventions are:

Banana (Musa) - Specific Patent Information - part 1

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 5792935

  • Earliest priority - 9 December 1993
  • Filed - 9 December 1994
  • Granted - 11 August 1998
  • Expected expiry - 10 August 2015

Title - Agrobacterium tumefaciens transformation of Musa species

Claim 1

A method for transforming a Musa plant, said method comprising:

A) wounding meristematic tissue from a Musa plant to generate a wounded Musa plant tissue and to facilitate access of Agrobacterium tumefaciens to Musa plant cells competent for transformation and regeneration; and
B) applying to said wounded Musa plant tissue at least one transformation competent Agrobacterium tumefaciens to transform said Musa plant, wherein said at least one transformation competent Agrobacterium tumefaciens harbors at least one Ti plasmid and at least one virulence gene, wherein said at least one Ti plasmid comprises at least one genetically engineered T-DNA to effect transformation of said Musa plant.

Transformation of an apical or adventitious meristem of a Musa plant by wounding the tissue and inserting A. tumefaciens carrying a T-DNA with foreign DNA. The plant can be transformed for the production of pharmaceutical products or the alteration of phenotypic traits of the fruit.

Texas A & M University

AU 693506 B2

  • Earliest priority - 9 December 1993
  • Filed - 9 December 1994
  • Granted - 2 July 1998
  • Expected expiry - 8 December 2014

Title - Agrobacterium tumefaciens transformation of Musa species

Claim 1

A method for transforming a Musa plant, said method including:

A) wounding meristematic tissue from a Musa plant, followed by bombarding the said wounded tissue with microparticles, to generate a wounded Musa plant tissue and to facilitate access of Agrobacterium tumefaciens to Musa plant cells competent for transformation and regeneration; and
B) applying to said wounded Musa plant tissue at least one transformation competent Agrobacterium tumefaciens to transform said Musa plant, wherein said at least one transformation competent Agr obacterium tumefaciens harbors at least one Ti plasmid and at least one virulence gene, wherein said at least one Ti plasmid includes at least one genetically engineered T-DNA to effect transformation of said Musa plant.

Microbombardment of wounded meristematic tissue of a Musa plant to facilitate A. tumefaciens infection. The transformation method is used to obtain Musa plants producing pharmaceutical products and fruits with improved phenotypic traits.

EP 731632 B1

  • Earliest priority - 9 December 1993
  • Filed - 9 December 1994
  • Granted - 7 November 2001
  • Expected expiry - 8 December 2014

Title - Agrobacterium tumefaciens transformation of Musa species

Claim 1

A method for transforming a Musa plant, said method comprising:

A) pre-wounding the meristematic tissue from a Musa plant prior to bombarding said plant with microparticles;
B) wounding the pre-wounded meristematic tissue by microparticle bombardment to generate a wounded Musa plant tissue and to facilitate access of Agrobacterium tumefaciens to Musa plant cells competent for transformation and regeneration; and
B) applying to said wounded Musa plant tissue at least one transformation competent Agrobacterium tumefaciens to transform said Musa plant, wherein said at least one transformation competent Agrobacterium tumefaciens harbors at least one Ti plasmid and at least one virulence gene, wherein said at least one Ti plasmid comprises at least one genetically engineered T-DNA to effect transformation of said Musa plant.

Designated contracting States at the time of grant are: Austria, Belgium, Germany, Spain, France, United Kingdom, Greece (reported on INPADOC as lapsed), Ireland, Italy, Netherlands, Portugal, Sweden.

A method for transforming a Musa meristematic tissue similar to the method disclosed in the related Australian patent. The tissue is wounded prior to the wounding by microbombardment. Double wounding of the tissue facilitates access of A. tumefaciens to Musa plant cells.
The claims as filed of the EP application had disclosed a single wounding step by microbombardment. The granted claims are more limiting as a prior wounding step is part of the method.

CA 2177267 A

  • Earliest priority - 9 December 1993
  • Filed - 9 December 1994
  • Granted - 28 September 2004
  • Expected expiry - 8 December 2014

Title - Agrobacterium tumefaciens transformation of Musa species

Claim 1

A method for transforming a Musa plant, said method comprising:

A) wounding meristematic tissue from a Musa plant by microparticle bombardment to generate a wounded Musa plant tissue and to facilitate access of Agrobacterium tumefaciens to Musa plant cells competent for transformation and regeneration; and
B) applying to said wounded Musa plant tissue at least one transformation competent Agrobacterium tumefaciens to transform said Musa plant, wherein said at least one transformation competent Agrobacterium tumefaciens harbors at least one Ti plasmid and at least one virulence gene, wherein said at least one Ti plasmid comprises at least one genetically engineered T-DNA to effect transformation of said Musa plant.

Claims as filed are similar to the Australian patent but a single step of wounding of the Musa tissue by microbombardment prior to the transformation with A. tumefaciens is disclosed.

EP 1087016 A2

  • Earliest priority - 9 December 1993
  • Filed - 9 December 1994
  • Deemed to be withdrawn - 10 August 2005

Title - Agrobacterium tumefaciens transformation of Musa species

Claim 1

A method for transforming a Musa plant, said method comprising:

A) wounding meristematic tissue from a Musa plant by microparticle bombardment to generate a wounded Musa plant tissue and to facilitate access of Agrobacterium tumefaciens to Musa plant cells competent for transformation and regeneration; and
B) applying to said wounded Musa plant tissue at least one transformation competent Agrobacterium tumefaciens to transform said Musa plant, wherein said at least one transformation competent Agrobacterium tumefaciens harbors at least one Ti plasmid and at least one virulence gene, wherein said at least one Ti plasmid comprises at least one genetically engineered T-DNA to effect transformation of said Musa plant;
C) growing said transformed Musa plant for a sufficient time to identify the presence of chimeric features;
D) producing non-chimeric tissue by dividing said transformed Musa plant into segments which have at least one meristem which can regenerate into an intact plant and which have cells that are uniformily transformed to produce non-chimeric tissue; and
E) growing said non-chimeric tissue into a non-chimeric plant.

This application was a divisional application to the application EP 731632 A1. Microbombardment is also used to wound a meristematic tissue of a Musa plant prior to the transformation with A. tumefaciens. In addition, the transformed Musa tissue is grown to identify chimeras and regenerate an intact plant from non-chimeric tissue.

Remarks

Application filed in Japan (JP 9508786 T2) is deemed to be withdrawn.

Note: Patent information on this page was last updated on 17 February 2006.

Banana (Musa) - Specific Patent Information - part 2

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 6133035

  • Earliest priority - 16 July 1997
  • Filed - 16 July 1997
  • Granted - 17 October 2000
  • Expected expiry - 15 July 2017

Title - Method of Genetically Transforming Banana Plants

Claim 1

A method of producing a transformed banana plant comprising transforming banana embryogenic material from inflorescences with Agrobacterium containing a gene of interest and regenerating a transformed banana plant from the transformed embryogenic material.

Claim 7

A method of producing a transformed banana plant comprising transforming a banana somatic embryo from inflorescences with Agrobacterium containing a gene of interest and regenerating a transformed banana plant from the transformed somatic embryo.

Claim 11

A method of genetically transforming banana, the method comprising: A) culturing somatic banana plant tissue from inflorescences in a medium to obtain at least one somatic embryo structure or pro-embryo structure;
B) culturing the somatic embryo or pro-embryo structure in a medium to obtain embryogenic material;
C) transforming the embryogenic material with Agrobacterium cells having at least one exogenous DNA sequence to produce transformed embryogenic material;
D) culturing the transformed embryogenic material in a medium to produce at least one transformed somatic embryo; and
E) germinating the transformed somatic embryo in a medium to produce a mature plantlet capable of being transferred to soil conditions.

Claim 19

A method of genetically transforming banana, the method comprising:
A) culturing somatic banana plant tissue from inflorescences in a medium to obtain at least one somatic embryo structure or pro-embryo structure;
B) culturing the somatic embryo or pro-embryo structure in a medium to obtain embryogenic material;
C) culturing the embryogenic material in a medium to produce at least one somatic embryo;
D) transforming the somatic embryo produced in step (c) with Agrobacterium cells having at least one exogenous DNA sequence to produce transformed somatic embryos;
E) multiplying the transformed somatic embryo to produce additional transformed somatic embryos; and
F) germinating the transformed somatic embryo to produce a mature plantlet capable of being transferred to soil conditions.

Methods for transformation of embryogenic material from banana inflorescences with Agrobacterium having a gene of interest. Production of plantlets capable of being transferred to soil conditions.

Zeneca & DNA Plant
Technology Corp.

(Zeneca is now Syngenta)

AU 744496 B2

  • Earliest priority - 16 July 1997
  • Filed - 13 July 1998
  • Granted - 28 February 2002
  • Expected expiry - 12 July 2018

Title - Method of Genetically Transforming Banana Plants

Claim 1

A method of producing a transformed banana plant comprising transforming banana embryogenic material with Agrobacterium containing a gene of interest and regenerating a transformed banana plant from the transformed embryogenic material.

Claim 7

A method of producing a transformed banana plant comprising transforming a banana somatic embryo with Agrobacterium containing a gene of interest and regenerating a transformed banana plant from the transformed somatic embryo.

Claim 11

A method of genetically transforming banana, the method comprising:
A) culturing somatic banana plant tissue in a medium to obtain at least one somatic embryo structure or pro-embryo structure;
B) culturing the somatic embryo or pro-embryo structure in a medium to obtain embryogenic material;
C) transforming the embryogenic material with Agrobacterium cells having at least one exogenous DNA sequence to produce transformed embryogenic material;
D) culturing the transformed embryogenic material in a medium to produce at least one transformed somatic embryo; and
E) germinating the transformed somatic embryo in a medium to produce a mature plantlet capable of being transferred to soil conditions.

Claim 19

A method of genetically transforming banana, the method comprising:
A) culturing somatic banana plant tissue in a medium to obtain at least one somatic embryo structure or pro-embryo structure;
B) culturing the somatic embryo or pro-embryo structure in a medium to obtain embryogenic material;
C) culturing the embryogenic material in a medium to produce at least one somatic embryo;
D) transforming the somatic embryo produced in step (c) with Agrobacterium cells having at least one exogenous DNA sequence to produce transformed somatic embryos;
E) multiplying the transformed somatic embryo to produce additional transformed somatic embryos; and
F) germinating the transformed somatic embryo to produce a mature plantlet capable of being transferred to soil conditions.

The invention claimed in Australia is similar to the related United States patent but the embryogenic material is not from a specific part of a banana plant.

Syngenta Ltd. & DNA Plant Technology Corp.

EP 996329 A1

  • Earliest priority - 16 July 1997
  • Filed - 13 July 1998
  • Application pending

Title - Method of Genetically Transforming Banana Plants

Claim 1

A method of producing a transformed banana plant comprising transforming banana embryogenic material with Agrobacterium containing a gene of interest and regenerating a transformed banana plant from the transformed embryogenic material.

Claim 7

A method of producing a transformed banana plant comprising transforming a banana somatic embryo with Agrobacterium containing a gene of interest and regenerating a transformed banana plant from the transformed somatic embryo.

Claim 11

A method of genetically transforming banana, the method comprising:

A) culturing somatic banana plant tissue in a medium to obtain at least one somatic embryo structure or pro-embryo structure;
B) culturing the somatic embryo or pro-embryo structure in a medium to obtain embryogenic material;
C) transforming the embryogenic material with Agrobacterium cells having at least one exogenous DNA sequence to produced transformed embryogenic material;
D) culturing the transformed embryogenic material in a medium to produce at least one transformed somatic embryo; and
E) germinating the transformed somatic embryo in a medium to produce a mature plantlet capable of being transferred to soil conditions.

Claim 19

A method of genetically transforming banana, the method comprising:

A) culturing somatic banana plant tissue in a medium to obtain at least one somatic embryo structure or pro-embryo structure;
B) culturing the somatic embryo or pro-embryo structure in a medium to obtain embryogenic material;
C) culturing the embryogenic material in a medium to produce at least one somatic embryo;
D) transforming the somatic embryo produced in step (C) with
Agrobacterium cells having at least one exogenous DNA sequence to produce transformed somatic embryos;
E) multiplying the transformed somatic embryo to produce additional transformed somatic embryos; and
F) germinating the transformed somatic embryo to produce a mature plantlet capable of being transferred to soil conditions.

The claims as filed in the European application recite the same as the claims granted in the United States patent US 6133035 with the exception of claim 7, where a banana somatic embryo is not limited to an embryo derived from an inflorescence.

Transformation of somatic embryos of banana with Agrobacterium having a gene of interest. Multiplication of transformed somatic embryos and production of plantlets capable of being transferred to soil conditions.

Remarks

National phase entry of WO 1999/03327 in Japan (JP 2001510021 T2) is still pending.

Note: Patent information on this page was last updated on 14 February 2006.

Barley - Patent assigned to Sapporo Breweries Ltd (JP)

barley_closeup

Barley is one of the major cereal crops worldwide and as such biotechnological genetic improvement technologies are a desirable avenue for the introduction of novel traits, like disease resistance or modified starch production.

This patent discloses a method for transformation of barley using Agrobacterium in combination with acetosyringone (a phenolic compound that induces DNA transfer by Agrobacterium) and suspending this mixture together with callus cells as target tissue for transformation.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 6291244 B1

  • Earliest priority - 25 July 1997
  • Filed - 24 Jan 2000
  • Granted - 18 Sep 2001
  • Expected expiry - 23 Jan 2020

Title - Method of producing transformed cells of barley

Claim 1

1. A method of producing transformed cells of barley, comprising:
(a) suspending, in a suspension medium containing 200 to 1000 mg/l acetosyringone, a microorganism belonging to the genus Agrobacterium comprising a foreign gene;
(b) culturing, in a co-culture medium containing about 1000 mg/l acetosyringone, the microorganism belonging to the genus Agrobacterium and barley callus cells;
(c) separating the cultured barley callus cells from the co-culture medium; and
(d) placing the separated barley callus cells on a selective medium to select the transformed cells into which the foreign gene has been introduced.

The present invention provides variations on existing protocols for the transformation of cereals and other monocots. In the case of barley the concentration of the widely used phenolic compound acetosyringone has been adjusted to the special requirements given for the interaction between Agrobacterium and the plant cells to achieve optimal transformation efficiency. If sub-optimal concentrations are used or a different or no phenolic compound is utilized, thereby possibly sacrificing transformation efficiency, infringement can likely be avoided.

Sapporo Breweries Ltd (JP)

Remarks

related patents and applications in Japan JP 2002509440 T2 (deemed withdrawn), Australia AU 79377/98 (lapsed) and WO 99/04618.

Note: Patent information on this page was last updated on 6 February 2006.

Duckweed

Summary

duckweedDuckweeds are small, fresh-water plants with a world-wide distribution. They are exploited for protein production due to two unusual aspects of their growth: the plants reproduce vegetatively by budding and under intensive culture they accumulate a very high rate of biomass. The level of protein production can achieve that obtained with yeast gene expression systems.

Two entities have patents and patent applications directed to Agrobacterium-mediated transformation of duckweed:

Although the inventions disclosed by both institutes may overlap in terms of the subject matter, they have been filed in different countries. The claims as filed by Yeda Research & Development Co. in the European patent application are broad and may have a different scope if granted.

Duckweed - Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 6040498

  • Earliest priority - 11 August 1998
  • Filed - 11 August 1998
  • Granted - 21 March 2000
  • Expected expiry - 10 August 2018

Title - Genetically Engineered Duckweed

Claim 1

A method for stably transforming duckweed tissue with a nucleotide sequence of interest, the method comprising the steps of:

A) inoculating a duckweed plant tissue with Agrobacterium comprising a vector which comprises a nucleotide sequence of interest; and
B) co-cultivating the tissue with the Agrobacterium to produce stably transformed tissue.

Claim 20

A stably transformed duckweed plant comprising a heterologous nucleic acid of interest incorporated in its genome wherein said plant is produced via an Agrobacterium-mediated method.

Claim 30

A method of producing recombinant proteins or peptides, comprising the steps of:

A) culturing a stably transformed duckweed plant that expresses at least one heterologous protein or peptide; and
B) collecting the at least one heterologous protein or peptide from the duckweed cultures.

Claim 48

A method for stably transforming duckweed tissue from the genus Lemna with a nucleotide sequence of interest, the method comprising the steps of:

A) inoculating a duckweed plant tissue with Agrobacterium comprising a vector which comprises a nucleotide sequence of interest, wherein the duckweed plant tissue is from the genus Lemna; and
B) co-cultivating the tissue with the Agrobacterium to produce stably transformed tissue.

Claim 59

A stably transformed duckweed plant from the genus Lemna comprising a heterologous nucleic acid sequence incorporated in its genome wherein said plant is produced via an Agrobacterium -mediated method.

Claim 62

A method of producing recombinant proteins or peptides, comprising:

A) culturing a stably transformed duckweed plant from the genus Lemna that expresses at least one heterologous protein or peptide; and
B) collecting the at least one protein or peptide from the duckweed cultures.

A method for transforming a duckweed tissue by co-cultivating the tissue with Agrobacterium having a sequence of interest. A method for producing recombinant proteins or peptides by culturing transformed duckweed plants expressing the proteins or peptides and collecting them form the cultured plants.
The same methods are used to transform a duckweed from the genus Lemna.

North Carolina State University

AU 775632 B2

  • Earliest priority - 12 August 1997
  • Filed - 11 August 1998
  • Granted - 19 December 2002
  • Expected expiry - 10 August 2018

Title - Genetically engineered duckweed

Claim 1

A method for producing a stably transformed duckweed plant comprising a heterologous nucleotide sequence of interest, the method comprising the steps of:

(a) inoculating a duckweed callus tissue with an Agrobacterium comprising a vector which is not a super-virulent vector and which comprises a heterologous nucleotide sequence of interest, wherein the nucleotide sequence comprises at least one expression cassette comprising a gene which confers resistance to a selection agent;
(b) co-cultivating the callus tissue with the Agrobacterium to produce stably transformed callus tissue; and
(c) regenerating a stably transformed duckweed plant from the stably transformed callus tissue.

Claim 40

A method for producing a stably transformed duckweed plant comprising a chimeric nucleotide sequence of interest, the method comprising the steps of:

(a) inoculating a duckweed callus tissue with an Agrobacterium comprising a vector which is not a super-virulent vector and which comprises a chimeric nucleotide sequence of interest, said chimeric nucleotide sequence comprising a coding sequence operably linked to a transcription initiation region that is heterologous to said coding sequence;
(b) co-cultivating the callus tissue with the Agrobacterium to produce stably transformed callus tissue; and
(c) regenerating a stably transformed duckweed plant from the stably transformed callus tissue.

Granted AU 775632 recites a method to produce stably transformed duckweed with duckweed callus tissue with a ('heterologous' or 'chimeric') nucleotide sequence of interest, which comprises

  1. inoculation of Agrobacterium,
  2. co-cultivation of Agrobacterium with the callus tissue, and
  3. regeneration of transformed callus tissue.
Remarks
  1. Continuations of the divisional patent application of US 6040498 (US 2004/73968 A1 and US 2003/115640 A1) are still pending.
  2. National phase entry of WO 1999/07210 in Canada (CA 2288895), China (CN 1272762), Europe (EP 1037523), Japan (JP 2001/513325) are pending.
  3. Other national phase entry of WO 1999/07210 includes Israel (IL 132580).

EP 1021552 A1

  • Earliest priority - 10 October 1997
  • Filed - 8 October 1998
  • Application pending

Title - Transgenic Lemnaceae

Claim 1

A genetically stable, transformed Lemnaceae plant and progeny thereof.

Claim 12*

A method for the stable genetic transformation of Lemnaceae plants which comprises:
incubating Lemnaceae plants and/or tissue with Agrobacterium cells containing a transforming DNA molecule, whereby cells in said plant tissue become stably transformed with said DNA.

Claim 19*

A method for the genetic transformation of a plant comprising: A) cutting the plant into particles of a size such that they still contain undamaged meristematic tissue capable of developing into full plants;
B) incubating said particles with Agrobacterium cells containing transforming DNA molecules, whereby said transforming DNA is introduced into meristematic cells in said particles; and
C) producing transformed plants from the transformed meristematic tissue.

Claim 23*

A method for the stable genetic transformation of a Lemnaceae plant comprising
microinjecting Agrobacterium cells containing a transforming DNA into the meristematic zone of the plant, whereby the meristemic tissue becomes stably transformed with said DNA.

Claim 25

A) method for the in planta transformation of Lemnaceae plants comprising: A) exposing the plant's meristematic zone by removal of the daughter fronds;
B) incubating the plant with Agrobacterium cells capable of targeting to the meristemic tissue.

Claim 37*

A booster medium for enhancing Agrobacterium cell's virulence comprising plant tissue culture at a pH below about 5.2.

Claim 43*

A booster medium for enhancing Agrobacterium cell's virulence comprising an extract from Lemnaceae plants.

Claim 45

A method for maintaining morphogenetic Lemnaceae calli for long-periods of time comprising culturing the calli in a medium having a low level of sucrose.

Claim 47

A method for the regeneration of plants from calli wherein the plant's growth medium has sucrose levels below 1.5% and comprises: B5, minerals and organic compounds.

Claim 48

A method for the production of highly regenerative calli, wherein the calli's growth medium has sucrose levels below 1.5% and comprises B5, minerals and organic compounds.

Claim 50

A method for the production of highly regenerative calli, wherein the calli's growth medium has sucrose levels below 1.5% and comprises B5, minerals, organic compounds and selection agents.

Claim 52

A method for the production of stable transformed plants, wherein the growth media has sucrose levels below 1.5% and comprises B5, minerals and organic compounds.

* Claims directly related to Agrobacterium -mediated transformation of a Lemnaceae plant.

Different methods for stable genetic transformation of a Lemnaceae plant with Agrobacterium containing a gene of interest. The methods include incubating the plants with Agrobacterium, incubating meristematic tissue with the bacterium, injecting the bacterium into the meristematic tissue and in planta transformation. The invention also includes methods for enhancing the virulence of Agrobacterium and for regenerating calli and transformed plants.

Yeda Research & Development Co.

AU 759570 B2

  • Earliest priority - 10 October 1997
  • Filed - 8 October 1998
  • Granted - 17 April 2003
  • Expected expiry - 7 October 2018

Title - Transgenic Lemnaceae

Claim 1

A stably transformed Lemnaceae plant, tissues, products and progeny thereof of the genus Spirodela, when produced by Agrobacterium-mediated transformation.

Claim 2

A method for the stable genetic transformation of Lemnaceae plants, comprising the step of:
Incubating meristematic tissues of Lemnaceae with Agrobacterium cells containing a transforming DNA molecule, wherein the Agrobacterium cells are A. tumefaciens strains EHA105, EHA 101 or GVE3103, whereby cells in said tissue become stably transformed with said DNA, and regenerating Lemnaceae from the meristematic tissue.

Claim 3

A method for the stable genetic transformation of Lemnaceae plants, comprising the step of:
microinjecting into a meristematic zone of Lemnaceae plants and/or tissue Agrobacterium cells containing a transforming DNA molecule, whereby cells in said plant tissue become stably transformed with said DNA.

Claim 4

A method for the stable genetic transformation of a Lemnaceae plant, comprising the steps of:
a) cutting the plant into particles of a size such that they still contain undamaged meristematic tissue capable of developing into full plants;
b) incubating said particles with Agrobacterium cells containing transforming DNA molecules, whereby said transforming DNA is introduced into meristematic cells in said particles; and
c) producing transformed plants form the meristematic tissue.

Claim 7

A method for the stable genetic transformation of a Lemnaceae plant, comprising the step of:
microinjecting Agrobacterium cells containing a transforming DNA molecule into the meristematic zone of the plant, whereby the meristematic tissue becomes stably transformed with said DNA.

Claim 8

A method for the in planta transformation of Lemnaceae plants, comprising the steps of:
a) exposing the plant’s meristematic zone by removal of daughter fronds; and
b) incubating the plant with Agrobacterium cells capable of targeting to the meristematic tissue.

This granted patent claims any Lemnaceae plant, part or whole, that is transformed using Agrobacterium.

It also claims a method of Agrobacterium-mediated transformation using the meristematic tissue of Lemnaceae plants.

Remarks
  1. National phase entry of WO 1999/19497 in Canada (CA 2312008) is still pending.
  2. Other national phase entry of WO 1999/19497 includes Israel (IL 135543).

Note: Patent information on this page was last updated on 9 March 2006.

Gladiolus

gladiolus

The present patent claims a method to transform a corm tissue from a Gladiolus plant with a vir+ A. tumefaciens.
The patent is thus limited to a gladiolus corm (an underground stem modified into a mass storage tissue) as the tissue to be transformed.
Other types of gladiolus tissues are not encompassed by the claims.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 5340730

  • Earliest priority - 31 March 1988
  • Filed - 17 June 1992
  • Granted - 23 August 1994
  • Expired - 25 September 2002 (due to non-payment of maintenance fees)

Title - Process for Transforming Gladiolus

Claim 1

A method of producing a transformed Gladiolus plant comprising:

A) removing a piece of tissue from a corm;
B) inoculating the tissue with vir+ Agrobacterium tumefaciens strain;
C) incubating the inoculated tissue until a tumor forms;
D) culturing at least a portion of the tumor in hormone-free medium until a cormel forms; and
E) growing the cormel to produce the transformed plant.

University of Toledo

Remarks

This patent has been abandoned according to the USPTO database. While there don't seem to be any patents with specific claims to Gladiolus transformation using Agrobacterium, other patents related to general methods or transformation of monocots still may apply.

Note: Patent information on this page was last updated on 7 February 2006.

Maize

Summary

CORNCOBSThe University of Toledo (US), Pioneer Hi-Bred (US), and Stine Biotechnology (US) have been granted United States patents directed to Agrobacterium-mediated transformation of maize. The main difference among them is the type of maize tissue used as target for transformation:

Maize - Specific Patent Information - part 1

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 5177010

  • Earliest priority - 30 June 1986
  • Filed - 5 September 1990
  • Granted - 5 Jan 1993
  • Expected expiry - 4 September 2010

Title - Process for Transforming Corn and the Products Thereof

Claim 1

A method of producing transformed corn, said method comprising:

A) making a wound in a corn seedling with newly emerging radicle and stem, said wound being made in an area of the seedling containing rapidly dividing cells, wherein said area extends from the base of the scutellar node to slightly beyond the coleoptile node; and
B) inoculating the wound with vir+ A. tumefaciens.

Transformation of a corn seedling by inoculating vir+ A. tumefaciens in a wounded area located between the scutellar node to slightly beyond the coleoptile node. This area presents a high rate of cell division.

University of Toledo

US 2002/0002711 A1

  • Earliest priority - 27 June 1994
  • Filed - 10 June 1998
  • Abandoned - 28 May 2002

Title - Process for Transforming Germinae and the Products Thereof

Claim 1

1. A transformed Gramineae.

Claim 7

A fertile transgenic Zea mays plant comprising stably incorporated exogenous DNA.

Claim 10

A transformed corn plant having a transformed gene, the plant produced by an Agrobacterium-mediated transformation or direct gene transfer transformation.

Claim 11

A transformed corn plant produced by an Agrobacterium or direct cell transfer whereby the plant or other differentiated organs or tissues provide an expression of exogenous DNA in the corn product.

Claim 12

A transformed corn plant produced by a regenerated protoplast or single cell cultures.

Claim 13

A transformed corn plant produced by a method equivalent to an Agrobacterium tumefaciens-mediated transformation.

Transformed corn plant having a transformed gene produced by: Agrobacterium -mediated transformation or an equivalent method, direct cell transfer, regenerated protoplasts and single cell cultures. Fertile transgenic Zea mays having an exogenous gene and transformed Gramineae are also part of the filed claims.

This patent application has been abandoned (failure to respond to a USPTO action) according to the USPTO.

Goldman and Graves

Remarks

A related patent has been granted in Japan (JP3234534, which is a divisional of now granted JP 2693443 claiming Agrobacterium-mediated transformation of Gramineae).

US 5981840

  • Earliest priority - 24 January 1997
  • Filed - 24 January 1997
  • Granted - 9 Nov 1999
  • Expected expiry - 23 January 2017

Title - Method for Agrobacterium-Mediated Transformation

Claim 1

A method for transforming maize using Agrobacterium comprising the steps of:

A) contacting at least one immature embryo from a maize plant with Agrobacterium capable of transferring at least one gene to the embryo;
B) co-cultivating the embryo with Agrobacterium;
C) culturing the embryo in a medium comprising N6 salts, an antibiotic at concentrations capable of inhibiting the growth of Agrobacterium, and a selective agent to select for embryos expressing the gene; and
D) regenerating plants expressing the gene.

Claim 4

A method for transforming maize using Agrobacterium comprising the steps of:

A) contacting at least one immature embryo from a maize plant with Agrobacterium capable of transferring at least one gene to the embryo in a medium comprising N6 salts;
B) co-cultivating the embryo with Agrobacterium in a medium comprising N6 salts;
C) culturing the embryo in a medium comprising N6 salts, an antibiotic at concentrations capable of inhibiting the growth of Agrobacterium, and a selective agent to select for embryos expressing the gene; and
D) regenerating plants expressing the gene in a medium comprising MS salts.

Claim 7

A method for transforming maize using Agrobacterium comprising the steps of:

A) contacting at least one immature embryo from a maize plant with Agrobacterium capable of transferring at least one gene to the embryo in a medium comprising N6 or MS salts;
B) co-cultivating the embryo with Agrobacterium in a medium comprising MS salts;
C) culturing the embryo in a medium comprising N6 salts, an antibiotic at concentrations capable of inhibiting the growth of Agrobacterium, and a selective agent to select for embryos expressing the gene; and
D) regenerating plants expressing the gene in a medium comprising MS salts.

Claim 10

A method for optimizing the production of transgenic maize plants of a first genotype using Agrobacterium-mediated transformation comprising the steps of:

A) isolating immature embryos from maize;
B) separating the embryos into treatment groups;
C) incubating each treatment group separately in a medium comprising N6 or MS salts and in a suspension of Agrobacterium at concentrations ranging from about 1×108 cfu/ml to about 1×1010 cfu/ml;
D) co-cultivating the embryos with Agrobacterium on a solid medium;
E) culturing the embryos in a medium comprising N6 salts, an antibiotic at concentrations capable of inhibiting the growth of Agrobacterium, and a selective agent to select for embryos transformed by Agrobacterium;
F) identifying the treatment group with the highest transformation frequency; and
G) using the concentration of Agrobacterium generating the highest transformation frequency to transform other embryos from the first genotype.

Claim 13

A method for transforming maize using Agrobacterium comprising the steps of:

A) contacting at least one immature embryo from a maize plant with Agrobacterium capable of transferring at least one gene to the embryo;
B) co-cultivating the embryo with Agrobacterium;
C) culturing the embryo in a medium containing salts other than MS salts, an antibiotic at concentrations capable of inhibiting the growth of Agrobacterium, and a selective agent to select for embryos expressing the gene; and
D) regenerating plants expressing the gene.

Transformation of an immature embryo of maize by contact and co-cultivation with Agrobacterium having a gene of interest. The media used for culturing the embryo contains N6 or MS salts, an antibiotic against Agrobacterium, and a selective agent for embryos expressing the gene. Regeneration of plants expressing the gene is also recited in the claims.

Pioneer Hi-Bred

AU 727849 B2

  • Earliest priority - 24 January 1997
  • Filed - 23 January 1998
  • Granted - 4 January 2001
  • Expected expiry - 22 January 2018

Title - Methods for Agrobacterium-mediated transformation

Claim 1

A method for transforming maize using Agrobacterium comprising the steps of:

A) contacting at least one immature embryo from a maize plant with Agrobacterium capable of transferring at least one gene to the embryo;
B) co-cultivating the embryo with Agrobacterium;
C) culturing the embryo in a medium comprising N6 salts, an antibiotic at concentrations capable of inhibiting the growth of Agrobacterium, and a selective agent to select for embryos expressing the gene; and
D) regenerating plants expressing the gene.

Claim 1 states the same method of maize transformation as that of US 5981840.

EP 971578 A1

  • Earliest priority - 24 January 1997
  • Filed - 23 January 1998
  • Application deemed to be withdrawn - 25 June 2003
Title

- Methods for Agrobacterium-mediated Transformation

Claim 1

A method for transforming maize using Agrobacterium comprising the steps of:

A) contacting tissue from a maize plant with Agrobacterium capable of transferring at least one gene to the tissue in a non-LS salt medium;
B) co-cultivating the tissue with Agrobacterium in a non-LS salt medium;
C) culturing the tissue in a non-LS salt medium and a selective agent to select for tissue expressing the gene; and
D) regenerating, in a non-LS salt medium, plants expressing the gene.

The transformation method disclosed in these applications is very similar to the method claimed in the United States patent US 5981840. The difference consists in the use of a co-cultivation medium free of LS salts.

Remarks
  1. A divisional patent of now granted US 5981840 has been granted in the US (US 6822144), which claims a stably transformed maize plant (limited to PHN46 or PHJ90 inbred plants) using Agrobacterium to transform an immature embryo.
  2. National phase entry of WO 1998/32326 in Canada (CA 2278618 AA) is pending.

Note: Patent information on this page was last updated on 7 February 2006.

Maize - Specific Patent Information - part 2

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 6420630 B1

  • Earliest priority - 1 December 1998
  • Filed - 1 December 1998
  • Granted - 16 July 2002
  • Expected expiry - 30 November 2018

Title - Methods for tissue culturing and transforming elite inbreds of Zea mays L.

Claim 1

A method for transforming a line of corn using Agrobacterium comprising the steps of:
(a) initiating co-cultivation of an immature embryo from said line with Agrobacterium capable of transferring at least one gene to tissue of said line to produce an infected embryo;
(b) applying heat shock treatment during said co-cultivation;
(c) culturing the infected embryo to initiate callus on a medium comprising an antibiotic;
(d) culturing the resulting callus tissue on a medium comprising a selective agent;
(e) selecting transformed callus tissue comprising growing Type II callus; and
(f) regenerating transgenic plants from said Type II callus.

A method of transforming maize by co-cultivating Agrobacterium carrying a gene of interest with immature embryos. Heat shock is applied to enhance DNA integration.

Stine Biotechnology

US 6919494 B2

  • Earliest priority - 1 December 1998
  • Filed - 30 July 2001
  • Granted - 19 July 2005
  • Expected expiry - 29 July 2021

Title - Methods for tissue culturing and transforming elite inbreds of Zea mays L.

Claim 1

A method for producing a corn plant comprising the steps of:

(a) co-cultivating an immature embryo from said tissue at a temperature of about 18ËšC. to 20ËšC. with Agrobacterium capable of transferring at least one DNA sequence of interest to said tissue to produce an infected embryo;

(b) culturing the infected embryo on a medium comprising an antibiotic to produce a resulting tissue;

(c) culturing said resulting tissue on a medium comprising a selective agent and an antibiotic;

(d) selecting transformed tissue having Type II callus; and

(e) regenerating transgenic plants from said Type II callus.

Claim 3

A method for transforming a line of corn comprising the steps of:

(a) co-cultivating an immature embryo from said line with Agrobacterium capable of transferring at least one DNA sequence of interest to said tissue of said line to produce an infected embryo;

(b) culturing the infected embryo to initiate callus on a medium comprising an antibiotic and a compound selected from the group consisting of glucose, maltose, lactose, sorbitol and mannitol, wherein the concentration of said compound is from 5 g/L to 30 g/L;

(c) culturing the resulting callus tissue on a medium comprising a selective agent and an antibiotic;

(d) selecting transformed callus tissue comprising growing Type II callus; and

(e) regenerating transgenic plants from said growing Type II callus.

Claim 4

A method for producing a transformed corn plant using Agrobacterium comprising the steps of:

(a) initiating co-cultivation of an immature embryo from said tissue with Agrobacterium capable of transferring at least one DNA sequence of interest to said tissue to produce an infected embryo;

(b) applying heat shock treatment during said co-cultivation;

(c) culturing the infected embryo to initiate callus on a medium comprising an antibiotic and glucose;

(d) culturing the resulting callus tissue on a medium comprising a selective agent and an antibiotic;

(e) selecting transformed callus tissue having Type II callus; and

(f) regenerating transgenic plants from said Type II callus.

Granted patent of application US 2002/0104131 (see below).

Continuation of US Patent Application 09/203,679 (now US Patent 6420630 B1)

US 2002/0104131 A1

  • Earliest priority - 1 December 1998
  • Filed - 30 July 2001
  • Granted as US 6919494 (see above)

Title - Methods for tissue culturing and transforming elite inbreds of Zea mays L.

Claim 1 (not granted in US 6919494)

A method for stimulating a high frequency production of Type II callus from immature embryos of elite corn inbreds which comprises culturing said embryos on a solid medium comprising sucrose and a monosaccharide sugar, wherein the concentration of said monosaccharide sugar is between about 5 g/L and about 30 g/L.

Claim 4

A method for transforming elite lines of corn using Agrobacterium comprising the steps of:

(a) co-cultivating an immature embryo from said elite line with Agrobacterium capable of transferring at least one gene to tissue of said elite line on a solid medium to produce an infected embryo;

(b) culturing the infected embryo on a solid medium comprising an antibiotic;

(c) culturing the resulting tissue on a solid medium comprising a selective agent to select for transformed tissue;

(d) selecting transformed tissue with growing Type II callus capable of forming water tower embryo structures; and

(e) regenerating plants from said embryo structures.

Claim 22

A method for transforming elite lines of corn using Agrobacterium comprising the steps of:

(a) co-cultivating an immature embryo from said elite line with Agrobacterium capable of transferring at least one gene to tissue of said elite line on a solid medium to produce an infected embryo;

(b) culturing the infected embryo on a solid medium comprising an antibiotic and a monosaccharide sugar in an amount of from 5 g/L to 30g/L;

(c) culturing the resulting tissue on a solid medium comprising an antibiotic and a selective agent;

(d) culturing the resulting tissue on a solid medium comprising a selective agent to select for transformed tissue;

(e) selecting transformed tissue with growing Type II callus capable of forming water tower embryo structures; and

(f) regenerating plants from said embryo structures.

Claim 32

A method for transforming elite lines of corn using Agrobacterium comprising the steps of:

(a) co-cultivating at a temperature of 19[deg.] C. an immature embryo from said elite line with Agrobacterium capable of transferring at least one gene to tissue of said elite line on a solid medium to produce an infected embryo, said Agrobacterium is selected from Agrobacterium one to two days after rescue from frozen glycerol stocks;

(b) culturing the infected embryo on a solid medium comprising an antibiotic at a concentration of 15 mg/L to 75 mg/L and a monosaccharide sugar selected from the group consisting of glucose, maltose, lactose, sorbitol and mannitol in an amount of from 5 g/L to 30 g/L;

(c) culturing the resulting tissue on a solid medium comprising an antibiotic and a selective agent;

(d) culturing the resulting tissue on a solid medium comprising a selective agent to select for transformed tissue;

(e) selecting transformed tissue with growing Type II callus capable of forming water tower embryo structures; and

(f) regenerating plants from said embryo structures.

A method in which formation of Type II callus (a preferred form of target tissue for the transformation with Agrobacterium) from immature embryos is enhanced by adding sucrose and a monosaccharide to the medium.

Continuation of US Patent Application 09/203,679 (now US Patent US 6420630 B1)

US 2002/0104132 A1

  • Earliest priority - 1 December 1998
  • Filed - 30 July 2001
  • Abandoned - 19 September 2005

Title - Methods for tissue culturing and transforming elite inbreds of Zea mays L.

Claim 1

A method for stimulating a high frequency production of Type II callus from immature embryos of elite corn inbreds which comprises

  • culturing said embryos on a solid medium comprising sucrose and a monosaccharide sugar, wherein the concentration of said monosaccharide sugar is between about 5 g/L and about 30 g/L.
Claim 4

A method for transforming elite lines of corn using Agrobacterium comprising the steps of:

(a) co-cultivating an immature embryo from said elite line with Agrobacterium capable of transferring at least one gene to tissue of said elite line on a solid medium to produce an infected embryo;

(b) culturing the infected embryo on a solid medium comprising an antibiotic;

(c) culturing the resulting tissue on a solid medium comprising a selective agent to select for transformed tissue;

(d) selecting transformed tissue with growing Type II callus capable of forming water tower embryo structures; and

(e) regenerating plants from said embryo structures.

Claim 22

A method for transforming elite lines of corn using Agrobacterium comprising the steps of:

(a) co-cultivating an immature embryo from said elite line with Agrobacterium capable of transferring at least one gene to tissue of said elite line on a solid medium to produce an infected embryo;

(b) culturing the infected embryo on a solid medium comprising an antibiotic and a monosaccharide sugar in an amount of from 5 g/L to 30g/L;

(c) culturing the resulting tissue on a solid medium comprising an antibiotic and a selective agent;

(d) culturing the resul ting tissue on a solid medium comprising a selective agent to select for transformed tissue;

(e) selecting transformed tissue with growing Type II callus capable of forming water tower embryo structures; and

(f) regenerating plants from said embryo structures.

Claim 32

A method for transforming elite lines of corn using Agrobacterium comprising the steps of:

(a) co-cultivating at a temperature of 19[deg.] C. an immature embryo from said elite line with Agrobacterium capable of transferring at least one gene to tissue of said elite line on a solid medium to produce an infected embryo, said Agrobacterium is selected from Agrobacterium one to two days after rescue from frozen glycerol stocks.;

(b) culturing the infected embryo on a solid medium comprising an antibiotic at a concentration of 15 mg/L to 75 mg/L and a monosaccharide sugar selected from the group consisting of glucose, maltose, lactose, sorbitol and mannitol in an amount of from 5 g/L to 30 g/L;

(c) culturing the resulting tissue on a solid medium comprising an antibiotic and a selective agent;

(d) culturing the resulting tissue on a solid medium comprising a selective agent to select for transformed tissue;

(e) selecting transformed tissue with growing Type II callus capable of forming water tower embryo structures; and

(f) regenerating plants from said embryo structures.

A method as in the application above but specifically designed for elite corn inbred lines.

Divisional application from US Patent Application 09/203,679 (now US Patent US 6420630 B1), this application has been abandoned due to failure to respond to a USPTO action according to the USPTO.

US 2005/0278802 A1

  • Earliest priority - 1 December 1998
  • Filed - 18 July 2005
  • Application pending

Title - Methods for tissue culturing and transforming elite inbreds of Zea mays L.

Claim 35

A method for producing a corn plant comprising the steps of:

(a) culturing a corn embryo on a medium comprising a compound selected from the group consisting of glucose, maltose, lactose, sorbitol, and mannitol, wherein said compound is in an amount of from about 5 g/L to 30 g/L, to produce a type II callus; and

(b) regenerating a plant.

This is a divisional application of now granted US 6420630.

All of the independent claims preceeding claim 35 has been cancelled.

Note: Patent information on this page was last updated on 7 February 2006.

Onions (Allium spp)

Summary

onionsThe New Zealand Institute for Crop & Food Research and Seminis Vegetable Seeds have filed patent applications directed to the transformation of Allium spp. (onions) using Agrobacterium.

Because of their limited subject matter, these applications may be affected by other patents with granted claims to general transformation methods for monocots.

Specific Patent Onions - Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

WO 2000/44919 A1

  • Earliest priority - 29 January 1999
  • Filed - 10 December 1999
  • OPI - 3 August 2000

Title - Transformation and Regeneration of Allium plants
A preferred embodiment utilizes the alliinase gene, which encodes an enzyme involved in sulfur metabolism.

Claim 1

A method of transforming plants of the Allium genus.

Claim 3

A method of transforming plants of the Allium genus comprising inoculating an embryo culture of an Allium species with an Agrobacterium tumefaciens strain containing a suitable vector or plasmid.

Claim 9

A method of transforming Allium using immature embryos as an explant source, including:
(a) isolating immature embryos of the Allium plant to be transformed;
(b) innoculating cultures of the immature embryos with an Agrobacterium tumefaciens strain containing a binary vector;
(c) wounding embryos and infiltrating embryos with agrobacteria;
(d) transferring embryos to a selective medium;
(e) culturing embryo pieces;
(f) selecting putative transgenic cultures; and
(g) regenerating plants.

New Zealand Institute for Crop & Food Research Ltd.

AU 763531 C

  • Earliest priority - 29 January 1999
  • Filed - 10 December 1999
  • Granted - 24 July 2003
  • Amended - 26 February 2004
  • Expected expiry - 9 December 2019

Title - Transformation and regeneration of Allium plants

Claim 1

A method of transforming plants of the Allium genus comprising the following steps:
(a) delivering previously manipulated DNA into embryo, or embryo derived culture cell types of the Allium genus via vector or direct gene transfer;
(b) selecting transformed plant material;
(c) culturing and regenerating the transformed plants;
wherein the transformation is carried out without passage through a callus phase.

Claim 7

A method of transforming Allium using immature embryos as an explant source, including:
(a) isolating immature embryos of the Allium plant to be transformed;
(b) innoculating cultures of the immature embryos with an Agrobacterium tumefaciens strain containing a binary vector;
(c) wounding embryos and infiltrating embryos with agrobacteria;
(d) transferring embryos to a selective medium;
(e) culturing embryo pieces;
(f) selecting putative transgenic cultures; and
(g) regenerating plants.

Remarks
  1. Related patent granted in New Zealand (NZ 513184).
  2. National phase entries of WO 2000/44919 in Canada (CA 2361143 A1) and Europe (EP 1144664 A1) are still pending.

EP 1180927 B1

  • Earliest priority - 5 May 1999
  • Filed - 5 May 2000
  • Granted - 21 December 2005
  • Expected expiry - 4 May 2020

Title - Transformation of Allium sp with Agrobacterium using embrogenic callus cultures

A method of transforming Allium species (onions) with Agrobacterium carrying a heterologous gene. A preferred embodiment utilizes immature embryos and flower buds as target tissue for transformation.

Claim 1

A method for transforming an Allium species with a heterologous gene, the method comprising the step of: contacting embryogenic callus material from an Allium species with a bacterium belonging to the genus Agrobacterium which contains a heterologous gene.

Claim 8

A method for transforming an Allium species with a heterologous gene, the method comprising the steps of:
a. culturing immature embryos or flower buds from an Allium species on an initiation medium for a period of from about 2 to about 6 months until embryogenic callus material forms on the embryos or flower buds;
b. transferring the embryogenic callus material to a coculture medium and contacting the embryogenic callus material with a suspension of Agrobacterium rhizogenes or Agrobacterium tumefaciens containing a heterologous gene;
c. incubating the embryogenic callus material with the Agrobacterium rhizogenes or Agrobacterium tumefaciens for a period of from about 2 to about 4 days; and
d. removing the Agrobacterium rhizogenes or Agrobacterium tumefaciens from the transformed embryogenic callus material.

Designated contracting State at the time of grant is Spain.

Seminis Vegetable Seeds Inc. (US)

EP 1180927 A1

  • Earliest priority - 5 May 1999
  • Filed - 5 May 2000
  • Granted as EP 1180927 B1 (see above)

Title - Transformation of Allium sp with Agrobacterium using embrogenic callus cultures

A method of transforming Allium species (onions) with Agrobacterium carrying a heterologous gene. A preferred embodiment utilizes immature embryos and flower buds as target tissue for transformation.

Claim 1 (granted)

A method for transforming an Allium species with a heterologous gene, the method comprising the step of: contacting embryogenic callus material from an Allium species with a bacterium belonging to the genus Agrobacterium which contains a heterologous gene.

Claim 9 (granted)

A method for transforming an Allium species with a heterologous gene, the method comprising the steps of:

a. culturing immature embryos or flower buds from an Allium species on an initiation medium for a period of from about 2 to about 6 months until embryogenic callus material forms on the embryos or flower buds;
b. transferring the embryogenic callus material to a coculture medium and contacting the embryogenic callus material with a suspension of Agrobacterium rhizogenes or Agrobacterium tumefaciens containing a heterologous gene;
c. incubating the embryogenic callus material with the Agrobacterium rhizogenes or Agrobacterium tumefaciens for a period of from about 2 to about 4 days; and
d. removing the Agrobacterium rhizogenes or Agrobacterium tumefaciens from the transformed embryogenic callus material.

AU 780954 B2

  • Earliest priority - 5 May 1999
  • Filed - 5 May 2000
  • Granted - 28 April 2005
  • Expected expiry - 4 May 2020

Title - Transformation of Allium sp. with Agrobacterium using embryogenic callus cultures

Claims of this patent are limited to transforming Allium cepa and A. fistulosum using Agrobacterium.

Claim 1

A method for transforming an Allium cepa or Allium fistulosum with a DNA of interest from a heterologous gene, the method comprising the steps of: contacting embryogenic callus material from an Allium cepa or Allium fistulosum with a bacterium belonging to the genus Agrobacterium which contains a DNA of interest from a heterologous gene and obtaining a transformed Allium cepa or Allium fistulosum embryogenic callus under selective conditions.

Claim 8

A method for transforming a plant or plant tissue of an Allium cepa or Allium fistulosum with a DNA of interest from a heterologous gene, the method comprising the steps of:
a. culturing immature embryos or flower buds from an Allium cepa or Allium fistulosum on an initiation medium for a period of from about 2 to about 6 months until an embryogenic callus forms on the embryos or flower buds;
b. transferring the embryogenic callus to a coculture medium and contacting the embryogenic callus with a suspension of Agrobacterium rhizogenes or Agrobacterium tumefaciens containing a DNA of interest from a heterologous gene; and
c. obtaining a transformed Allium cepa or Allium fistulosum embryogenic callus under selective conditions.

Note: Patent information on this page was last updated on 7 February 2006.

Pineapple

Summary

pineappleThe invention disclosed by DNA Plant Technology Corp. in a granted United States patent is directed to the transformation of embryogenic pineapple cells or pineapple callus with Agrobacterium having a T-DNA with a heterologous gene.

The recently granted Australian patent also uses an embryogenic cell or an embryogenic callus cell as a starting material for transformation.

In a recently filed PCT application, the Department of Primary Industries of Queensland (Australia) discloses methods for transforming pineapple cells and genetically modified pineapple by co-cultivating a pineapple explant with Agrobacterium having a gene of interest. Unlike the method used by DNA Plant Technology Corp., the transformed pineapple cells form an organogenic callus, which according to the applicants is easier and faster to obtain than an embryogenic callus.

Pineapple - Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 5952543

  • Earliest priority - 25 February 1997
  • Filed - 24 February 1998
  • Granted - 14 September 1999
  • Expected expiry - 23 February 2018

Title - Genetically transformed pineapple plants and methods for their production

Claim 1

A method for modifying the genotype of a pineapple cell, said method comprising:

A) contacting said pineapple cell with Agrobacterium comprising a T-DNA containing a DNA segment, such that said DNA segment is integrated into the genome of said pineapple cell; and
B) selecting a pineapple cell comprising said integrated DNA segment wherein said pineapple cell is an embryogenic cell or an embryogenic callus cell.

Claim 11

A method for modifying the genotype of a pineapple cell, said method comprising:

A) culturing pineapple tissue to produce pineapple embryogenic cells;
B) contacting said pineapple embryogenic cells with Agrobacterium comprising a T-DNA containing a DNA segment, such that said DNA segment is integrated into the genome of said pineapple cells; and
C) selecting a pineapple cell comprising said integrated DNA segment.

DNA Plant Technology Corp.

AU 740294 B2

  • Earliest priority - 25 February 1997
  • Filed - 25 February 1998
  • Granted - 1 November 2001
  • Expected expiry - 24 February 2018

Title - Genetically transformed pineapple plants and methods for their production

 
Claim 1

A method for modifying the genotype of a pineapple cell, said method comprising:

A) contacting said pineapple cell with Agrobacterium comprising a T-DNA containing a DNA segment, such that said DNA segment is integrated into the genome of said pineapple cell; and
B) selecting a pineapple cell comprising said integrated DNA segment wherein said pineapple cell is an embryogenic cell or an embryogenic callus cell.

Claim 11

A method for modifying the genotype of a pineapple cell, said method comprising:

A) culturing pineapple tissue to produce pineapple embryogenic cells;
B) contacting said pineapple embryogenic cells with Agrobacterium comprising a T-DNA containing a DNA segment, such that said DNA segment is integrated into the genome of said pineapple cells; and
C) selecting a pineapple cell comprising said integrated DNA segment.

Claim 39

A method for modifying the genotype of a pineapple cell, said method being substantially as hereinbefore described with reference to any one of the examples.

Claim 41

A pineapple plant cell comprising an integrated Agrobacterium T-DNA sequence comprising a heterologous gene, substantially as hereinbefore described with reference to any one of the examples.

Claim 51

A pineapple plant comprising an integrated Agrobacterium T-DNA sequence comprising a heterologous gene, substantially as hereinbefore described with reference to any one of the examples.

 

* Claims 1 and 11 of the Australian granted patent are the same as those of the United States patent. The three additional independent claims in this patent (claims 39, 41, 51) recite methods and transgenic pineapple plants stated in the examples of the specification.

 

WO 2001/33943 A1

  • Earliest priority - 5 November 1999
  • Filed - 3 November 2000
  • OPI - 17 May 2001

Title - A method of plant transformation

Claim 1 - See below *

Claim 21 - See below *

Claim 41 - See below *

Claim 60

A method of transforming cells of a pineapple plant or a related plant with genetic material, said method comprising: A) obtaining explant from said pineapple plant or a related species;
B) co-cultivating same with Agrobacterium species having T-DNA or T-DNA region comprising genetic material to be transformed into said pineapple plant cells for a time and under conditions sufficient for transfer of the genetic material to occur;
C) selecting for transformed pineapple or related cells and permitting the cells to form organogenic callus.

Claim 77

A method of genetically modifying a pineapple or related plant, said method comprising: A) obtaining an explant from a pineapple or related plant to be genetically modified;
B) co-cultivating the explant with Agrobacterium species having a T-DNA comprising genetic material to be transferred into the pineapple or related cells for a time and under conditions sufficient for the genetic material to transfer to said cells;
C) selecting for transformed pineapple or related cells and permitting the cells to form organogenic callus; and
D) regenerating a pineapple or related plant from said selected transformed cells.

Method for transforming pineapple cells by co-cultivating an explant with Agrobacterium having T-DNA with genetic material to be transformed into the plant cells.

The selected transformed pineapple cells form an organogenic callus. A genetically modified pineapple plant is regenerated from the organogenic callus.

* The present application also contains claims (1, 21, 41) directed to methods for transforming monocot plants in general, which are discussed under the section General transformation methods.

Department of Primary Industries of Queensland

AU 779510 B

  • Earliest priority - 5 November 1999
  • Filed - 3 November 2000
  • Granted - 27 January 2005
  • Expected expiry - 2 November 2020

Title - A method of plant transformation

Claim 1

A method of transforming cells of a pineapple plant with genetic material, said method comprising:-

(a) obtaining an explant from said plant;

(b) co-cultivating the explant with Agrobacterium species having a T-DNA or T-DNA region comprising the genetic material to be transformed into the plant cells for a time and under conditions sufficient for the genetic material to transfer into the plant cells without said Agrobacterium overgrowing the plant cells; and

(c) selecting for the tranformed plant cells and permitting the cells to form organogenic callus.

Claim 19

A method for producing a genetically modified pineapple plant, said method comprising:-

(a) obtaining explant from a plant to be genetically modified;

(b) co-cultivating the explant with Agrobacterium species having a T-DNA or T-DNA region comprising genetic material to be transformed into said plant cells for a time and under conditions sufficient for the genetic material to transfer to plant cells without said Agrobacterium overgrowing the plant cells;

(c) selecting transformed plant cells and permitting the cells to form organogenic callus; and

(d) then regenerating a plant from selected transformed plant cells.

Claim 37

A method for producing a genetically modified pineapple plant, said method comprising:

(a) obtaining an explant from said plant to be genetically modified;

(b) co-cultivating the explant with Agrobacterium species having a T-DNA or T-DNA region comprising the genetic material to be transformed into the plant cells for a time and under conditions sufficient for the genetic material to transfer into the plant cells without the Agrobacterium overgrowing the plant cells;

(c) selecting for the transformed plant cells and permitting the cells to form organogenic callus; and

(d) regenerating a plant from said transformed organogenic callus.

Granted independent claims in this patent recite the same method of pineapple transformation as claims 60 and 77 in WO 2001/33943, except that the plant is limited to pineapple only and not those of "related plants".

Note: Patent information on this page was last updated on 7 February 2006.

Rice

Summary

Rice - Specific Patent Information - part 1

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 6329571

  • Earliest priority - 22 October 1996
  • Filed - 22 October 1997
  • Granted - 11 December 2001
  • Expected expiry - 21 October 2017

Title - Method for Transforming Indica Rice

Claim 1

A method for transforming rice comprising transforming immature embryo cells of Indica rice by Agrobacterium method and selecting transformed cells, characterized in that a medium containing

  • 2000 to 4000 mg/l of KNO3,
  • 60 to 200 mg/l of MgSO4,
  • 200 to 600 mg/l of KH2PO4,
  • 100 to 450 mg/l of CaCl2,
  • 200 to 600 mg/l of (NH4)2SO4,
  • 1 to 7 mg/l of H3BO3,
  • 2 to 20 mg/l of MnSO4,
  • 20 to 50 mg/l of EDTA or a salt thereof,
  • 3 to 8 mg/l of Fe,
  • 50 to 200 mg/l of myoinositol,
  • 0.5 to 10 mg/l of 2,4-dichlorophenoxyacetic acid,
  • 0.01 to 5 mg/l of a cytokinin,
  • 5000 to 80,000 mg/l of a sugar, and
  • a gelling agent,which medium has a pH of 4.5 to 6.5, 

is used as a medium for selecting said transformed cells.

A method for transformation of Indica rice using immature embryo cells as target tissue for Agrobacterium. Ranges for the media components are disclosed in the independent claim.

Japan Tobacco

AU 736027 B2

  • Earliest priority - 22 October 1996
  • Filed - 22 October 1997
  • Granted - 26 July 2001
  • Expected expiry - 21 October 2017

Title - Method for Transforming Indica Rice

Claim 1

A method for transforming rice comprising transforming immature embryo cells of Indica rice by Agrobacterium method and selecting transformed cells, characterized in that a medium containing:

  • 2000 to 4000 mg/l of KNO3,
  • 60 to 200 mg/l of MgSO4,
  • 200 to 600 mg/l of KH2PO4,
  • 100 to 450 mg/l of CaCl2,
  • 200 to 600 mg/l of (NH4)2SO4,
  • 1 to 7 mg/l of H3BO3,
  • 2 to 20 mg/l of MnSO4,
  • 20 to 50 mg/l of EDTA or a salt thereof,
  • 3 to 8 mg/l of Fe,
  • 50 to 200 mg/l of myoinositol,
  • 0.5 to 10 mg/l of 2,4-dichlorophenoxyacetic acid,
  • 0.01 to 5 mg/1 of a cytokinin,
  • 5000 to 80,000 mg/l of a sugar, and
  • a gelling agent, which medium has a pH of 4.5 to 6.5,

is used as a medium for selecting said transformed cells.

Transformation of immature embryo cells of Indica rice by Agrobacterium. The composition of the medium used to select the transformed cells is disclosed.

EP 897013 A1

  • Earliest priority - 22 October 1996
  • Filed - 27 October 1997
  • Application deemed withdrawn - 18 December 2003

Title - Method for Transforming Indica Rice

Claim 1

A method for transforming rice comprising transforming immature embryo cells of Indica rice by Agrobacterium method and selecting transformed cells, characterized in that a medium containing:

  • 2000 to 4000 mg/l of KNO3,
  • 60 to 200 mg/l of MgSO4,
  • 200 to 600 mg/l of KH2PO4,
  • 100 to 450 mg/l of CaCl2,
  • 200 to 600 mg/l of (NH4)2SO4,
  • 1 to 7 mg/l of H3BO3,
  • 2 to 20 mg/l of MnSO4,
  • 20 to 50 mg/l of EDTA or a salt thereof,
  • 3 to 8 mg/l of Fe,
  • 50 to 200 mg/l of myoinositol,
  • 0.5 to 10 mg/l of 2,4-dichlorophenoxyacetic acid,
  • 0.01 to 5 mg/1 of a cytokinin,
  • 5000 to 80,000 mg/l of a sugar, and
  • a gelling agent, which medium has a pH of 4.5 to 6.5,

is used as a medium for selecting said transformed cells.

Remarks

  1. National phase entry of WO 1998/17813 in Canada (CA 2240454) has lapsed according to CIPO.
  2. National phase entry of WO 1998/17813 in China (CN 1206435) is deemed withdrawn according to CNPO.
  3. National phase entry of WO 1998/17813 in Japan (JP H10-117776) has been rejected by the JPO.

Note: Patent information on this page was last updated on 8 February 2006.

Rice - Specific Patent Information - part 2

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 6215051

  • Earliest priority - 4 November 1992
  • Filed - 4 May 1998
  • Granted - 10 April 2001
  • Expected expiry - 3 May 2018

Title - Aarobacterium-mediated method for transforming rice
(note that Agrobacterium has the incorrect spelling, as shown above, on the patent)

Claim 1

A method for the production of a transgenic plant of rice crop comprising the steps:

A) infecting an immature embryo of rice crop with the genus Agrobacterium for transformation;
B) co-culturing the infected embryo with a dicot suspension culture during the step of transformation;
C) allowing the transformed embryo in step (B) to grow into a callus in a selective medium comprising a sufficient amount of a plant growth hormone for the growth of rice crop; and
D) allowing the cultured callus to regenerate root and shoot in a regeneration medium comprising a pre-determined amount of nutrients for the growth of rice crop.

Claim 8

A method for the production of a transgenic rice plant comprising the steps of:

A) transforming an immature rice embryo with a gene encoding a desired gene product by culturing the embryo in a dicot suspension culture with bacteria from the genus Agrobacterium, said bacteria comprising said gene;
B) growing the transformed embryo from step (A) into a callus in a selective medium comprising a rice plant growth hormone; and
C) regenerating root and shoot from said cultured callus in a regeneration medium comprising nutrients for the growth of rice crop.

Method for the production of transgenic rice plants by co-culturing an immature rice embryo and Agrobacterium with a dicot suspension culture. The transformed embryo grows into a callus that in turn regenerates roots and shoots.

National Science Council of R.O.C.

Remarks

Related Japanese applications and United States patents are not directed to transformation of rice with Agrobacterium. They refer to a gene expression system with a promoter region from the alpha amylase genes.

WO 2001/12828 A1

  • Earliest priority - 18 August 1999
  • Filed - 17 August 2000
  • OPI - 22 February 2001

Title - Methods and Apparatus for transformation of Monocotyledenous plants using Agrobacterium in combination with vacuum filtration

Claim 1 - See below *

Claim 20

An in planta method of transforming a rice plant comprising: A) contacting at least one panicle of the rice plant with a solution or suspension comprising at least one Agrobacterium clone; and
B) subjecting the rice plant to a vacuum effective to cause entry of the Agrobacterium clone into at least one flower of the panicle.

Claim 38

An in planta method of producing a transgenic rice plant, comprising: A) contacting at least one panicle of a first rice plant with a solution comprising at least one Agrobacterium clone wherein the Agrobacterium clone comprises at least one heterologous gene;
B) subjecting the first rice plant to a vacuum effective to cause entry of the Agrobacterium clone into at least one flower of the panicle;
C) cultivating the first rice plant to maturity; and
D) collecting seeds of the first rice plant expressing the heterologous gene.

Claim 40 - See below *

An in planta method for transforming rice panicles by contacting the panicle with Agrobacterium in a suspension containing a heterologous gene and subjecting the plant to vacuum so Agrobacterium enters the plant part. After the transformation the plant is cultivated into maturity and seeds express the heterologous gene.

* Independent claims 1 and 40 recite use of vacuum infiltration to transform monocotyledonous plants, and are introduced in the General Monocot Transformation Methods section.

Paradigm Genetics

Remarks

National phase entry of WO 01/12828 in Australia (AU 67807/00 A) has lapsed.

WO 02/057407 A2

  • Earliest priority - 17 January 2001
  • Filed - 14 January 2002
  • OPI - 25 July 2002

Title - Novel Method for Transgenic Plants by Transformation and Regeneration of Indica Rice Plant Shoot Tips

Claim 1

A novel method of transforming excised shoot tip tissue of the Indica rice cultivars by using the Agrobacterium method.

A method of transformation of Indica rice using excised shoot tip tissue as a target for Agrobacterium.

Avestha Gengraine Technologies Pty. Ltd.

Remarks

  1. related application in India IN 2001CH00047
  2. National phase entry of WO 02/57407 in Europe (EP 1444339) is still pending.

Note: Patent information on this page was last updated on 8 February 2006.

Sorghum

Summary

sorghum_fieldAn Australian patent, AU 743 706 B2, was granted to Pioneer Hi-Bred Inc. in January 2002 and a United States Patent, US 6 369 298 B1, was granted in April. The subject matter is the transformation of sorghum via Agrobacterium. A related application was filed in South Africa.

The granted Australian claims are more limited than the initially filed claims. The sorghum tissue to be transformed is now restricted to a certain group of tissues and the concentration of Agrobacterium cells in suspension is fixed. Another limiting factor of the granted invention is the number of copies of the sequence of interest inserted into the genome of a sorghum cell, tissue or plant, offering another avenue for designing around.

The method disclosed in the US patent utilizes an immature embryo as target for Agrobacterium. The gene cassette must contain a gene which confers resistance to a selection agent. Furthermore, during culture the medium must contain an antibiotic to eliminate the bacteria as well as contain the selection agent.

The broadest claim in the pending US application recites a sorghum plant transformed with Agrobacterium. The main restriction is that fewer than 5 copies of the introduced construct are present in the genome (multiple copies of integrated foreign DNA are generally undesirable).

Sorghum - Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

AU 743706 B2

  • Earliest priority - 30 April 1997
  • Filed - 14 April 1998
  • Granted - 31 January 2002
  • Expected expiry - 13 April 2018

Title - Agrobacterium Mediated Transformation of Sorghum

Claim 1

A method for transforming sorghum with a nucleotide sequence of interest, said method comprising the steps of:

A) contacting tissue selected from the group consisting of: an immature embryo or cells derived from an immature embryo, immature inflorescence, the basal portion of young leaves and tissue capable of forming callus and/or secondary embryos from a sorghum plant with an Agrobacterium comprising a vector which comprises said nucleotide sequence, wherein said nucleotide sequence comprises at least an expression cassette comprising a gene which confers resistance to a selection agent;
B) co-cultivating the tissue with said Agrobacterium in a concentration from about 1 x 103 cfu/ml to about 1.5 x 1010 cfu/ml;
C) culturing the tissue in a medium comprising an antibiotic capable of inhibiting the growth of Agrobacterium and said selection agent;
D) regenerating transformed sorghum plants.

Claim 16

A method for transforming sorghum with a nucleotide sequence, said method comprising the steps of:

A) contacting a tissue selected from the group consisting of: an immature embryo or cells derived from an immature embryo, immature inflorescence, the basal portion of young leaves and tissue capable of forming callus and/or secondary embryos from a sorghum plant with an Agrobacterium comprising a super-binary vector which comprises said nucleotide sequence, wherein said nucleotide sequence comprises at least an expression cassette co mprising a gene which confers resistance to a selection agent;
B) co-cultivating the tissue with said Agrobacterium in a concentration from about 1 x 103 cfu/ml to about 1.5 x 1010 cfu/ml;
C) culturing the tissue in a medium comprising an antibiotic capable of inhibiting the growth of Agrobacterium and said selection agent;
D) regenerating transformed sorghum plants.

Claim 31

A Agrobacterium-mediated transformed sorghum plant, said plant comprising fewer than 5 copies of a nucleic acid of interest flanked by at least one T-DNA border sequence incorporated in its genome, wherein said plant is derived from tissue selected from the group consisting of: an immature embryo or cells derived from an immature embryo, immature inflorescence, the basal portion of young leaves and tissue capable of forming callus and/or secondary embryos.

Claim 41

A Agrobacterium-mediated transformed plant cell, said cell comprising fewer than 5 copies of a nucleic acid of interest flanked by at least one T-DNA border sequence incorporated in its genome, wherein said plant cell is sorghum and wherein said plant cell is derived from tissue selected from the group consisting of: an immature embryo or cells derived from an immature embryo, immature inflorescence, the basal portion of young leaves and tissue capable of forming callus and/or secondary embryos.

Claim 44

A Agrobacterium-mediated transformed plant tissue, said tissue comprising fewer than 5 copies of a nucleic acid of interest flanked by at least one T-DNA border sequence incorporated in its genome of cells of said tissue, wherein said plant is sorghum and wherein said plant tissue is derived from tissue selected from the group consisting of: an immature embryo or cells derived from an immature embryo, immature inflorescence, the basal portion of young leaves and tissue capable of forming callus and/or secondary embryos.

Method for sorghum transformation with Agrobacterium containing a gene that confers resistance to a selective agent. The tissue to be transformed is selected from: immature embryo, immature inflorescence, basal portion of young leaves and tissue capable of forming callus or secondary embryos. Agrobacterium contains a vector or a super binary vector having the mentioned gene. The transformed sorghum tissue or cell has less than 5 copies of the gene of interest flanked by at least one T-border.

Pioneer Hi-Bred Inc.

US 6369298

  • Earliest priority - 30 April 1997
  • Filed - 7 April 1998
  • Granted - 9 April 2002
  • Expected expiry - 6 April 2018

Title - Agrobacterium Mediated Transformation of Sorghum

Claim 1

A method for transforming sorghum with a nucleotide sequence of interest, said method comprising the steps of: contacting an immature embryo from a sorghum plant with an Agrobacterium comprising a vector which comprises said nucleotide sequence, wherein said nucleotide sequence comprises at least an expression cassette comprising a gene which confers resistance to a selection agent; co-cultivating said immature embryo with said Agrobacterium; culturing said immature embryo in a medium comprising an antibiotic capable of inhibiting the growth of said Agrobacterium and said selection agent; regenerating transformed sorghum plants.

Claim 15

A method for transforming sorghum with a nucleotide sequence, said method comprising the steps of: contacting an immature embryo from a sorghum plant with an Agrobacterium comprising a super-binary vector which comprises said nucleotide sequence, wherein said nucleotide sequence comprises at least an expression cassette comprising a gene which confers resistance to a selection agent; co-cultivating said immature embryo with said Agrobacterium; culturing said immature embryo in a medium comprising an antibiotic capable of inhibiting the growth of said Agrobacterium and said selection agent; regenerating transformed sorghum plants.

A method for transformation of sorghum in which an immature embryo is the target tissue for Agrobacterium. The gene cassette must contain a gene which confers resistance to a selection agent. During further culture the medium must contain an antibiotic to eliminate the bacteria as well as contain the selection agent.

US 2002/0138879 A1

  • Earliest priority - 30 April 1997
  • Filed - 19 March 2002
  • Application pending

Title - Agrobacterium Mediated Transformation of Sorghum

Claim 1

An Agrobacterium-transformed sorghum plant wherein said plant comprises fewer than 5 copies of a nucleic acid of interest flanked by at least one T-DNA border sequence incorporated in its genome.

Claim 12

A sorghum plant transformed by contacting an immature embryo from a sorghum plant with an Agrobacterium comprising a nucleic acid of interest; co-cultivating said immature embryo with said Agrobacterium; culturing said immature embryo in a medium comprising an antibiotic capable of inhibiting the growth of said Agrobacterium; and regenerating a transformed sorghum plant, said plant comprising fewer than 5 copies of said nucleic acid flanked by at least one T-DNA border sequence incorporated in its genome.

Claim 19

A sorghum plant transformed by contacting an immature embryo from a sorghum plant with an Agrobacterium comprising a vector which comprises; a nucleic acid comprising at least one expression cassette comprising a gene of interest; and a nucleic acid comprising at least one expression cassette comprising a gene which confers resistance to a selection agent; co-cultivating said immature embryo with said Agrobacterium; culturing said immature embryo in a medium comprising an antibiotic capable of inhibiting the growth of said Agrobacterium and a selection agent; and regenerating a transformed sorghum plant, said plant comprising fewer than 5 copies of said vector flanked by at least one T-DNA border sequence incorporated in its genome.

This application is a division of now granted US 6369298.

A sorghum plant transformed with Agrobacterium with fewer than 5 copies of the introduced construct integrated in the genome.

Remarks

National phase entry of WO 98/49332 has been accepted in South Africa (ZA 98/03603).

Note: Patent information on this page was last updated on 8 February 2006.

Turfgrass

Summary

Rutgers University has filed a PCT application directed to transformation of turfgrass callus with Agrobacterium. The bacterium contains a vector with a selectable marker gene and an insertion site for any coding sequence, both of them controlled by promoters isolated from monocot plants. The promoters, according to the applicants, function efficiently in turfgrass cells.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

EP 1100876 A1
  • Earliest priority - 17 July 1998
  • Filed - 13 July 1999
  • Application pending

Title - Agrobacterium-mediated transformation of turfgrass

Claim 1

A method of producing a transgenic turfgrass plant, comprising the steps of: A) providing regenerable callus tissue from the turfgrass plant;
B) inoculating the tissue with Agrobacterium carrying at least one vector for transformation, the vector comprising virulence genes that confer strong infectivity to Agrobacterium, in which vector is inserted a heterologous DNA construct operably linked to a promoter from a monocotyledonous species, and a selectable marker gene conferring antibiotic resistance to transformed cells operably linked to a promoter from a monocotyledonous species;
C) culturing the inoculated tissue under conditions that enable the Agrobacterium vector to transform cells of the tissue;
D) selectively culturing the inoculated tissue on a selection medium comprising the antibiotic; and
E) regenerating a transformed turfgrass plant from the selectively cultured tissue.

Claim 11

A superbinary vector system for Agrobacterium-mediated transformation of turfgrass, which comprises:

A) a virulence region from a Ti plasmid of an A. tumefaciens strain that confers to the strain as strong a virulence as that displayed by A. tumefaciens strain 281;
B) a selectable marker gene operably linked to a promoter obtained from a gene of a monocotyledonous plant; and
C) a site for insertion of at least one additional coding sequence, operably linked to a promoter obtained from a gene of a monocotyledonous plant, the promoter being the same as or different from the promoter operably linked to the selectable marker gene.

A method of producing a transgenic turfgrass plant by inoculating a regenerable turfgrass callus with Agrobacterium containing an antibiotic resistance linked to a monocot promoter. The antibiotic resistance is used as a selectable marker for the transformed tissue. A transformed turfgrass plant is regenerated from the selected transformed tissue.

A super-binary vector used for the Agrobacterium-mediated transformation of turfgrass comprising: a virulence region, a selectable marker linked to a monocot promoter, and an insertion site for a coding sequence. This site is linked to the same or a different monocot promoter.

Rutgers University

Remarks

National phase entry of WO 2000/04133 in Australia (AU 52136/99 A) has lapsed.

Note: Patent information on this page was last updated on 9 February 2006.

Wheat

Summary

wheat_closeupIn 2001 Monsanto was granted an Australian patent directed to transformation of wheat with Agrobacterium. Related applications are still pending in Europe and Canada.

The granted claims of the Australian patent are narrower in their scope than the claims as filed in the European and Canadian applications. In the Australian patent the wheat tissues to be transformed are restricted to certain types of tissues while the applications disclose the transformation of wheat cells derived from any tissue.

Both the Australian patent and the applications disclose the insertion into the cells of genes that confer resistance to selective agents such as gentamycin, kanamycin, and hygromycin. Production of fertile and transgenic wheat plants is also disclosed.

Note that the claim language may be modified during the prosecution process and when granted might not encompass the same scope as the filed claims.

Wheat - Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

AU 738153 C

  • Earliest priority - 21 June 1996
  • Filed - 20 June 1997
  • Granted - 13 September 2001
  • Amended - 1 July 2004
  • Expected expiry - 19 June 2017

Title - Methods for the production of stably-transformed, fertile wheat employing agrobacterium-mediated transformation and compositions derived therefrom

Claim 1

A fertile, transgenic wheat plant, the genome of which has been altered through the genomic introduction of a pre-selected genetic component, said component comprising an exogenous gene positioned under the control of one or more pre-selected genetic control elements, the plant prepared by a process comprising:

A) preparing a DNA composition in vitro, which composition includes the genetic component one desires to introduce into the genome of a wheat plant;
B) introducing said DNA composition into recipient wheat cells by Agrobacterium transformation;
C) regenerating wheat plants from said cells which have received said genetic component; and
D) identifying a fertile, transgenic wheat plant whose genome has been altered through the stable introduction of said genetic component, and wherein said recipient cells comprise an immature embryo, a callus tissue, or suspension cells.

Claim 7

A fertile, transgenic wheat plant, the genetic complement of which has been altered through the addition of a DNA composition comprising a pre-selected functional genetic element that includes a transgene selected from the group consisting of an nptll gene, a bla gene, a nptI gene, a dhfr gene, a aphlV gene, a aacC3 gene, a aacC4 gene and a GUS gene, wherein said functional genetic element confers on said wheat plant a phenotypic trait that is not found in the parentage of said plant, wherein said DNA composition was added using Agrobacterium transformation of recipient cells comprising an immature embryo, a callus tissue, or suspension cells.

Claim 10

A fertile, transgenic wheat plant, the genome of which has been altered through the genomic introduction of a pre-selected genetic component, said component comprising an exogenous gene positioned under the control of one or more pre-selected genetic control elements, substantially as hereinbefore described with reference to any one of the examples.

Claim 11

A fertile, transgenic wheat plant, the genetic complement of which has been altered through the addition of a DNA composition comprising a pre-selected functional genetic element, substantially as hereinbefore described with reference to any one of the examples.

Claim 14

A method for producing a fertile transgenic wheat plant, comprising the steps of:

A) establishing a regenerable culture from a wheat plant to be transformed, wherein said culture comprises an immature embryo, a callus tissue, or suspension cells;
B) introducing a DNA composition comprising a genetic component one desires to introduce into the genome of said wheat plant, by Agrobacterium transformation;
C) identifying or selecting a transformed cell line; and
D) regenerating a fertile transgenic wheat plant therefrom, wherein said DNA is transmitted through a complete sexual cycle of said transgenic plant to its progeny, wherein said progeny comprises a selectable or screenable marker gene, and wherein said marker gene is chromosomally integrated.

Claim 18

A method for producing a fertile transgenic wheat plant, substantially as hereinbefore described with reference to any one of the examples.

Claim 19

A method for producing a transgenic wheat plant, comprising the steps of:

A) establishing a culture from a wheat plant to be transformed, wherein said culture comprises an immature embryo, a callus tissue, or suspension cells;
B) transforming said culture with an Agrobacterium comprising a DNA composition comprising a genetic component one desires to introduce into the genome of said wheat plant;
C) identifying or selecting a transformed cell line; and
D) regenerating a transgenic wheat plant therefrom.

Claim 21

A method for producing a transgenic wheat plant, substantially as hereinbefore described with reference to any one of the examples.

Process for the production of a fertile, transgenic wheat plant by transforming an immature embryo, a callus tissue or suspension cells of wheat with Agrobacterium having an exogenous gene.
The transgene can be selected from: an nptII gene, bla gene, nptI gene, dhfr gene, aphIV gene, aacC3, aacC4 and a GUS gene.
The fertile transgenic wheat plant produces progeny comprising a selectable or screenable marker integrated into the chromosomes.

Monsanto

EP 856060 A1

  • Earliest priority - 21 June 1996
  • Filed - 20 June 1997
  • Application pending

Title - Methods for the Production of Stably-transformed, Fertile Wheat employing Agrobacterium-mediated transformation and compositions derived therefrom

Claim 1

A fertile, transgenic wheat plant, the genome of which has been altered through the genomic introduction of a pre-selected genetic component, said component comprising an exogenous gene positioned under the control of one or more pre-selected genetic control elements, the plant prepared by a process comprising:

A) preparing a DNA composition in vitro, which composition includes the genetic component one desires to introduce into the genome of a wheat plant;
B) introducing said DNA composition into recipient wheat cells by Agrobacterium transformation;
C) regenerating wheat plants from said cells which have received said genetic component; and
D) identifying a fertile, transgenic wheat plant whose genome has been altered through the stable introduction of said genetic component.

Claim 8

A fertile, transgenic wheat plant, the genetic complement of which has been altered through the addition of a DNA composition comprising a pre-selected functional genetic element that includes a transgene selected from the group consisting of an nptll gene, a bla gene, a nptI gene, a dhfr gene, a aphlV gene, a aacC3 gene, a aacC4 gene and a GUS gene, wherein said functional genetic element confers on said wheat plant a phenotypic trait that is not found in the parentage of said plant.

Claim 14

A method for producing a fertile transgenic wheat plant, comprising the steps of:

A) establishing a regenerable culture from a wheat plant to be transformed;
B) introducing a DNA composition comprising a genetic component one desires to introduce into the genome of said wheat plant, by Agrobacterium transformation;
C) identifying or selecting a transformed cell line; and
D) regenerating a fertile transgenic wheat plant therefrom, wherein said DNA is transmitted through a complete sexual cycle of said transgenic plant to its progeny, wherein said progeny comprises a selectable or screenable marker gene, and wherein said marker gene is chromosomally integrated.

Claim 18

A method for producing a transgenic wheat plant, comprising the steps of:

A) establishing a culture from a wheat plant to be transformed;
B) transforming said culture with an Agrobacterium comprising a DNA composition comprising a genetic component one desires to introduce into the genome of said wheat plant;
C) identifying or selecting a transformed cell line; and
D) regenerating a transgenic wheat plant therefrom.

National phase entry of WO 97/48814, this application is still pending.

Insertion of a foreign gene into a wheat plant via Agrobacterium . The foreign gene is selected from a group of genes conferring resistance to different antibiotics, i.e. kanamycin, hygromycin, and also the GUS gene. Regenerating and obtaining fertile transformed wheat plants is also covered by the claims.

Remarks
  1. National phase entry of WO 97/48814 in Canada (CA 2230216) is still pending.
  2. National phase entry of WO 97/48814 in China (CN 1208437) is deemed to be withdrawn on 26 January 2005.
  3. WO 97/48814 has also entered national phase in Czech Republic (CZ 9800867), Hungary (HU 9902123), and Turkey (TR 9800294).
  4. A related patent application in the US (US 2003/24014 A1) is still pending.

Note: Patent information on this page was last updated on 9 February 2006.

Dicots

Overview

APPLESDicotyledonous plants (dicots) are the second major group of plants within the Angiospermae division (flowering plants with seeds protected in vessels). The other major group is the monocots.

In contrast to monocots, dicots have an embryo with two cotyledons, which give rise to two seed leaves. The mature leaves have veins in a net-like pattern, and the flowers have four or five parts.

Apart from cereals and grasses that belong to the monocot group, most of the fruits, vegetables, spices, roots and tubers, which constitute a very important part of our daily diet, are classified as dicots. In addition, all legumes, beverages such as coffee and cocoa, and a great variety of flowers, oil seeds, fibers, and woody plants belong to the dicot group.

cranberriesGeneral transformation methods.

Several patents encompass transformation of dicots, although they are mainly directed to the use of co-integrated vectors and binary vectors for the incorporation of foreign DNA into plants. A broad patent directed to transformation of dicots using an Agrobacterium strain lacking functional tumor genes was granted to Washington University. The invention teaches transformed dicot cells, regenerated plants and their progeny.

sunflowersAgrobacterium transformation of particular dicots.

Only patents with broad claims reciting methods for Agrobacterium-mediated transformation of dicot plants are presented here. Inventions directed to insertion of specific genes and generation of transformed plants exhibiting determined traits are beyond the scope and goal of this white paper.

The cited patents disclose inventions directed to general methods to obtain transgenic plants through Agrobacterium-mediated transformation from plant groups as diverse as pulses, vegetables, fiber crops, oil-producing crops and ornamental trees. The inventions cover aspects such as the initial tissue used for transformation, transformation protocols, media composition, and in some cases the insertion of particular genes into plants.

General transformation methods

Summary

A patent with broad claims to transformation of dicots in general with a non-oncogenic Agrobacterium was issued to Washington University.

Although issued in 2000 in the United States, this patent has an initial priority date of 1983. Thus, the prosecution process took approximately 17 years until the patent was finally granted by the United States Patent and Trademark Office (USPTO). The patent could be considered one of the broadest in scope granted in the area of Agrobacterium transformation. The patent rights under this patent may overlap with the rights already granted in previous patents related to transformation of dicots with Agrobacterium.

One of the distinctive factors of that patent is the knocking out of the cytokinin function in the Ti plasmid in order to get a non-tumorigenic Agrobacterium strain. As a general practice in Agrobacterium-mediated transformation, "disarmed" strains lacking functional tumorigenic genes are used. The present patent thus may constitute a blow for a widely used and standard procedure carried out to regenerate complete transformed dicot plants.

With respect to enablement of the invention, the examples referred to transformation of tobacco only, a model plant at the time the invention was initially filed and one of the easiest dicot plants to be transformed with Agrobacterium. No other plant examples are provided in the disclosure.

Most other patents analyzed here claim transformation of dicots in conjunction with the use of co-integrated or binary vectors, the vectors being the main subject matter of the claimed inventions. This group of patents are reviewed under the section of "Binary vectors and co-integrated vectors". In the following table, you will find a reference to those patents and links to more information on them.

Assigned to Patent No. Title

Washington University

US 6051757

Regeneration of plants containing genetically engineered T-DNA

More information on this patent
Schilperoort & Hille

US 4693976

Process for the incorporation of foreign DNA into the genome of dicotyledonous plants using stable co-integrated plasmids.

More information on these patents

EP 120515 B1

A process for the incorporation of foreign DNA into the genome of dicotyledonous plants; a process for the production of Agrobacterium tumefaciens bacteria.

Syngenta Mogen B.V.

US 4940838

Process for the incorporation of foreign DNA into the genome of dicotyledonous plants.


More information on these patents

US 5464763

EP 120516 B1

A process for the incorporation of foreign DNA into the genome of dicotyledonous plants; Agrobacterium tumefaciens bacteria and a process for the production thereof.

Leiden University & Schilperoort

US 5149645

A process for introducing foreign DNA into the genome of plants

More information on this patent

Patent granted to Washington University

The present United States patent granted to Washington University discloses the transformation of dicot plants with an Agrobacterium vector having the cytokinin gene of the T-DNA region inactivated.  According to the USPTO assignments database, this patent was exclusively licensed to Syngenta.

In a wildtype T-DNA of a Ti plasmid, the genes encoding phytohormones are responsible for the tumorous state of a transformed tissue. Cytokinin, one of those phytohormones, induces the formation of shoots in a tumor.

In the disclosed invention, regeneration of a transformed dicot plant is achieved by inactivating the cytokinin gene. Additionally, the cytokinin gene is replaced by foreign DNA. The plasmid containing the mutant T-DNA, with foreign DNA replacing the cytokinin gene, is accomplished by homologous recombination within Agrobacterium.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 6051757

  • Earliest priority - 4 November 1983
  • Filed - 5 June 1995
  • Granted - 18 April 2000
  • Expected expiry - 17 April 2017

Title - Regeneration of plants containing genetically engineered T-DNA

Claim 1

A method of transforming a dicotyledonous plant susceptible to transformation by Agrobacterium, comprising:

contacting the plant with an Agrobacterium tumefaciens bacterium comprising a gene vector, the vector comprising
(i) DNA foreign to the Agrobacterium, and
(ii) the vector not comprising a functional cytokinin autonomy gene.

Claim 2

A method for producing a morphologically and developmentally normal dicotyledonous plant comprising non-Agrobacterium foreign DNA stably integrated in the plant's genome, said method comprising the following steps:

A) transforming a dicotyledonous plant cell susceptible to transformation by Agrobacterium with an Agrobacterium -derived gene vector, said vector comprising
(i) non-Agrobacterium foreign DNA and
(ii) the vector not comprising a functional cytokinin autonomy gene; and

B) regenerating said transformed plant cell to produce a morphologically and developmentally normal transformed plant with said foreign DNA stably integrated in the plant's genome.

Claim 5

A method for producing a transgenic dicotyledonous plant comprising a stably integrated non-Agrobacterium foreign DNA, the method comprising:

A) sexually propagating a dicotyledonous plant comprising non-Agrobacterium foreign DNA stably integrated into its genome, said foreign DNA having been introduced into the genome by an Agrobacterium-derived gene vector not comprising a functional cytokinin-autonomy gene; and
B) selecting for progeny plants which comprise the non-Agrobacterium foreign DNA stably integrated into the genome of said progeny plants.

Claim 6

A method for producing a transgenic dicotyledonous plant comprising stably integrated non-Agrobacterium foreign DNA, the method comprising:

A) sexually propagating a dicotyledonous plant comprising non-Agrobacterium foreign DNA stably integrated into its genome, said plant derived from a dicotyledonous plant which was transformed by Agrobacterium-mediated transformation with a gene vector comprising
(i) said non-Agrobacterium foreign DNA and
(ii) not comprising a functional cytokinin autonomy gene; and

B) obtaining a progeny plant which comprises the non-Agrobacterium foreign DNA stably integrated into its genome.

Claim 7

A method for producing a transgenic dicotyledonous plant comprising stably integrated non-Agrobacterium foreign DNA, the method comprising:

A) propagating a dicotyledonous plant comprising non-Agrobacterium foreign DNA stably integrated into its genome, said plant derived from a dicotyledonous plant which was transformed by Agrobacterium-mediated transformation with a gene vector comprising
(i) said non-Agrobacterium foreign DNA and
(ii) not comprising a functional cytokinin autonomy gene; and

B) obtaining a plant which comprises the non-Agrobacterium foreign DNA stably integrated into its genome.

Claim 8

A method for producing a transgenic dicotyledonous plant comprising stably integrated non-Agrobacterium foreign DNA, the method comprising:

growing a seed of a dicotyledonous plant comprising non-Agrobacterium foreign DNA stably integrated into its genome, said plant derived from a dicotyledonous plant which was transformed by Agrobacterium-mediated transformation with a gene vector comprising
(i) said non-Agrobacterium foreign DNA and
(ii) not comprising a functional cytokinin autonomy gene.

Claim 9

A method for producing seed of a transgenic dicotyledonous plant comprising stably integrated non-Agrobacterium foreign DNA, the method comprising:

A) propagating a dicotyledonous plant comprising non-Agrobacterium foreign DNA stably integrated into its genome, said plant derived from a dicotyledonous plant which was transformed by Agrobacterium-mediated transformation with a gene vector comprising
(i) said non-Agrobacterium foreign DNA and
(ii) not comprising a functional cytokinin autonomy gene; and

B) harvesting seed from said propagated plant.

Claim 10

A method of transforming a dicotyledonous plant of a species that is a naturally susceptible host for Agrobacterium, comprising:

contacting the plant with an Agrobacterium bacterium comprising a gene vector, the vector comprising
(i) DNA foreign to the Agrobacterium and
(ii) the vector not comprising a functional cytokinin autonomy gene.

Claim 11

A method for producing a transgenic dicotyledonous plant comprising non-Agrobacterium foreign DNA stably integrated in the plant's genome, said method comprising the following steps:

A) transforming a cell of a dicotyledonous plant species that is a naturally susceptible host for Agrobacterium by Agrobacterium -mediated transformation with a gene vector comprising
(i) non-Agrobacterium foreign DNA and
(ii) not comprising a functional cytokinin autonomy gene; and

B) regenerating said transformed plant cell to produce a normal transformed dicotyledonous plant with said foreign DNA stably integrated in the plant's genome.

Claim 14

A method for producing a transgenic dicotyledonous plant comprising a stably integrated non-Agrobacterium foreign DNA, the method comprising:

A) sexually propagating a dicotyledonous plant comprising non-Agrobacterium foreign DNA stably integrated into its genome, said plant derived from a dicotyledonous plant which is of a species that is a naturally susceptible host for Agrobacterium and which was transformed by Agrobacterium-mediated transformation with a gene vector comprising
(i) said non-Agrobacterium foreign DNA and
(ii) not comprising a functional cytokinin autonomy gene; and

B) obtaining a progeny plant which comprises the non-Agrobacterium foreign DNA stably integrated into its genome.

Claim 15

A method for producing a transgenic dicotyledonous plant comprising a stably integrated non-Agrobacterium foreign DNA, the method comprising:

A) propagating a dicotyledonous plant comprising non-Agrobacterium foreign DNA stably integrated into its genome, said plant derived from a dicotyledonous plant which is of a species that is a naturally susceptible host for Agrobacterium and which was transformed by Agrobacterium-mediated transformation with a gene vector comprising
(i) said non-Agrobacterium foreign DNA and
(ii) not comprising a functional cytokinin autonomy gene; and

B) obtaining a plant which comprises the non-Agrobacterium foreign DNA stably integrated into its genome.

Claim 16

A method for producing a transgenic dicotyledonous plant comprising stably integrated non-Agrobacterium foreign DNA, the method comprising:

growing a seed of a dicotyledonous plant comprising non-Agrobacterium foreign DNA stably integrated into its genome, said plant derived from a dicotyledonous plant which is of a species that is a naturally susceptible host for Agrobacterium and which was transformed by Agrobacterium-mediated transformation with a gene vector comprising
(i) said non-Agrobacterium foreign DNA and
(ii) not comprising a functional cytokinin autonomy gene.

Claim 17

A method for producing seed of a transgenic dicotyledonous plant comprising stably integrated non-Agrobacterium foreign DNA, the method comprising:

A) propagating a dicotyledonous plant comprising non-Agrobacterium foreign DNA stably integrated into its genome, said plant derived from a dicotyledonous plant which is of a species that is a naturally susceptible host for Agrobacterium and which was transformed by Agrobacterium-mediated transformation with a gene vector comprising
(i) said non-Agrobacterium foreign DNA and
(ii) not comprising a functional cytokinin autonomy gene; and

B) harvesting seed from said propagated plant.

Claim 18

An Agrobacterium-mediated method for genetically engineering a dicotyledonous plant comprising:

A) producing a transgenic plant cell by transforming a cell of dicotyledonous plant species that is a naturally susceptible host for Agrobacterium with a gene vector comprising non-Agrobacterium foreign DNA and not comprising a functional cytokinin autonomy gene by Agrobacterium tumefaciens-mediated transformation; and
B) regenerating a whole normal plant from the transgenic plant cell which contains said foreign DNA stably integrated into its genome.

Claim 20

A method for producing a transgenic dicotyledonous plant comprising intact T-DNA comprising non-Agrobacterium foreign DNA stably integrated into the genome of said plant, the method comprising:

A) propagating a dicotyledonous plant comprising non-Agrobacterium foreign DNA stably integrated into its genome, said plant derived from a dicotyledonous plant which is of a species that is a naturally susceptible host for Agrobacterium and which was transformed by Agrobacterium-mediated transformation with a disarmed T-DNA gene vector comprising
(i) said non-Agrobacterium foreign DNA and
(ii) not comprising a functional cytokinin autonomy gene; and

B) obtaining a plant which comprises the intact T-DNA stably integrated into its genome.

The United States patent US 6051757 claims

  • transformation of a dicot plant, which is either susceptible to transformation (claim 1) or a naturally susceptible host (claim 10) with A. tumefaciens (claim 1) or an Agrobacterium (claim 10) having a vector that lacks the cytokinin function and contains foreign DNA instead;
  • regeneration of a transformed dicot cell and production of a morphologically normal plant;
  • sexual or non-sexual propagation of the transformed dicot plant and generation of a progeny bearing the foreign gene;
  • seed production and harvesting from a propagated transformed dicot plant.

Washington University, exclusively licensed to Syngenta

Remarks

A related United States application (US 07/155092) was in interference, the process by which the United States Patent Office determines who was the earliest inventor when there are competing claims (in this case, from Monsanto).   According to the USPTO status database PAIR, Syngenta lost the interference case in 2004. 

Note: Patent information on this page was last updated on 10 March 2006.

Particular dicot plants

Find out more information about patents on particular dicot plants by following the links shown below.

Acacia

Summary

The genus Acacia is composed of as many as 8000 species native to the tropics and subtropics. The commercially valuable species Acacia mangium is variously known as "Mangium", "Black Wattle" and "Hickory Wattle", and is traded as brown salwood. Its distribution covers the northern part of Queensland in Australia, Papua New Guinea and the Molucca Islands of Indonesia. Mangium is a fast-growing tree, relatively short-lived (30-50 years) and adapted to a wide range of acidic soils in most tropical lowlands. It is a pioneer species that colonize disturbed sites. Major plantations of A. mangium are grown in Southeast Asia for paper pulp. Wood from this species is used in furniture, handles of sporting goods, door frames and light construction. Plantations of A. mangium are also used for erosion control, shade and shelter. This species is playing an important role in efforts to sustain commercial supply of tree products while reducing pressure on natural forest ecosystems.

The Institute of Molecular Agrobiology, located at the National University of Singapore, has filed applications related to the genetic transformation of A. mangium with Agrobacterium and to the regeneration of the species. The PCT applications disclose methods for transforming A. mangium with a gene of interest using A. tumefaciens. One of the recited methods uses stems as initial tissue to be transformed with the bacterium.

For patent documents in the United States, Australia and New Zealand, the ownership has changed to Temasek Life Sciences Laboratory Ltd.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 6846971

  • Earliest priority - 19 January 2000
  • Filed - 2 January 2002
  • Granted - 25 January 2005
  • Expected expiry - 18 January 2000

Title - Regeneration and genetic transformation of Acacia mangium

Claim 1

A method of transforming Acacia mangium with a gene of interest comprising the steps of:

a) activating Agrobacterium tumefaciens comprising said gene of interest by culturing said Agrobacterium in induction medium comprising acetosyringone;
b) preculturing an explant of Acacia mangium selected from the group comprising a stem, a leaflet, a petiole and a bud in medium comprising supplemented basic MS medium, wherein said explant is soaked in 0.5 M mannitol prior to the co-cultivation;
c) co-cultivating said activated Agrobacterium tumefaciens and said precultured explant in medium comprising supplemented basic MS medium to produce infected explants;
d) culturing said infected explants in medium comprising supplemented basic MS to induce callus and adventitious buds; and
e) culturing said callus or adventitious buds on a selective medium comprising supplemented basic MS medium; wherein in said supplemented basic MS medium comprises a) thidiazuron, b) indole-3-acetic acid, c) casein enzymatic hydrolysate, d) L-ascorbic acid, e) L-glutamine, f) L-asparagine, g) L-proline, h) sucrose and l) phytagel or agar.

Claim 7

A method of preparing transgenic Acacia mangium cells comprising the steps of
a) preculturing stem pieces of Acacia mangium in culture medium comprising supplemented basic MS medium, wherein said stem pieces are soaked in 0.5M mannitol prior to co-cultivating with Agrobacterium tumefaciens wherein said supplemented basic MS medium comprises a) thidiazuron, b) indole-3-acetic acid, c) casein enzymatic hydrolysate, d) L-ascorbic acid, e) L-glutamine, f) L-asparagine, g) L-proline, h) sucrose and i) phytagel or agar; and
b) co-cultivating said stem pieces of step (a) with Agrobacterium tumefaciens in culture medium AM-265, wherein said Agrobacterium was activated by culturing the Agrobacterium in induction medium comprising acetosyringone prior to said co-cultivation.

Granted US 6846971 recites a method of Agrobacterium-mediated transformation of Acacia mangium.

Temasek Life Sciences Laboratory Ltd

AU 784180 B2

  • Earliest priority - 19 January 2000
  • Filed - 19 January 2000
  • Granted - 12 February 2006
  • Expected expiry - 18 January 2020

Title - Regeneration and genetic transformation of Acacia mangium

Caim 1
A method for regenerating Acacia mangium comprising:
a) inducing callus formation from an explant;
b) culturing said callus to produce adventitious buds;
c) culturing said adventitious buds to elongate and produce pinnate leaves; and
d) culturing elongated buds of step (c) such that they produce roots and become plantlets.

Claim 11
A method for regenerating Acacia mangium comprising:
a) culturing auxiliary buds from an Acacia mangium tree to produce adventitious buds comprising hyllodes;
b) subculturing said adventitious buds comprising phyllodes to produce advantitious shoots;
c) culturing said adventitious shoots.

Claim 14
A method of tranforming Acacia mangium with a gene of interest comprising the steps of:
a) activating Agrobacterium tumefaciens comprising said gene of interest to form activated Agrobacterium tumefaciens;
b) preculturing an explant of Acacia mangium to yield a precultured explant;
c) co-cultivating said activated Agrobacterium tumefaciens and said precultured explant to produce infected explants;
d) culturing said infected explants to induce callus and adventitious buds; and
e) culturing said callus or adventitious buds on a selective medium.

Claim 25
A method for promoting root formation from transformed adventitious buds comprising

  • culturing transformed adventitious buds on a medium comprising 1/2 MS basic medium supplemented with a) alpha-naphthaleneacetic acid, b) kinetin, c) casein enzymatic hydrolysate, d) L-ascorbic acid, e) L-glutamine, f) L-asparagine, g) L-proline, h) sucrose and i) phytagel.

Claim 28
A method of preparing transgenic Acacia mangium cells comprising the steps of
a) preculturing stem pieces of Acacia mangium in a culture medium; and
b) cocultivating said stem pieces of step (a) with activated Agrobacterium tumefaciens.

Claim 41
A transgenic Acacia mangium cell.

Claim 42
A transgenic Acacia mangium plant.

The applicant of granted AU 784180 is stated in the patent document as Temasek Life Sciences Laboratory.

US 2005/155116 A1

  • Earliest priority - 19 January 2000
  • Filed - 9 December 2004
  • Application pending

Title - Regeneration and genetic transformation of acacia mangium

Claim 1
A method for regenerating Acacia mangium comprising:
a) inducing callus formation from an explant;
b) culturing the callus on a medium comprising thidiazuron to produce adventitious buds;
c) culturing the adventitious buds to elongate the buds and produce pinnate leaves; and
d) culturing elongated buds of step (c) to produce plantlets with roots.

Claim 11
A method for regenerating Acacia mangium comprising:
a) culturing auxiliary buds from an Acacia mangium tree to produce adventitious buds comprising phyllodes;
b) subculturing the adventitious buds comprising phyllodes to produce adventitious shoots;
c) culturing the adventitious shoots.

Claim 14
A method of making transgenic Acacia mangium plants comprising;
a) preparing transgenic Acacia mangium cells by preculturing stem pieces in culture medium comprising thidiazuron;
b) co-cultivating the stem pieces of step (a) with Agrobacterium in medium comprising thidiazuron to form adventitious buds;
c) culturing the adventitious buds in a selective medium comprising an antibiotic and gibberellic acid; and
d) rooting the plantlets which develop from the adventitious buds of step c).

This application is a divisional of now granted US 6846971 (see above).

WO 2001/53452 A2

  • Earliest priority - 19 January 2000
  • Filed - 19 January 2000
  • OPI - 7 November 2002

Title - Regeneration and genetic transformation of acacia mangium

Claim 1

A method for regenerating Acacia mangium comprising:

A) inducing callus formation from an explant;
B) culturing said callus to produce adventitious buds;
C) culturing said adventitious buds to elongate and produce pinnate leaves; and
D) culturing elongated buds of step (c) such that they produce roots and become plantlets.

Claim 11

A method for regenerating Acacia mangium comprising:

A) culturing auxiliary buds from an Acacia mangium tree to produce adventitious buds comprising phyllodes;
B) subculturing said adventitious buds comprising phyllodes to produce adventitious shoots; and
C) culturing said adventitious shoots.

Claim 14*

A method of transforming Acacia mangium with a gene of interest comprising the steps of:

A) activating Agrobacterium tumefaciens comprising said gene of interest to form activated Agrobacterium tumefaciens;
B) preculturing an explant of Acacia mangium to yield a precultured explant;
C) co-cultivating said activated Agrobacterium tumefaciens and said precultured explant to produce infected explants;
D) culturing said infected explants to induce callus and adventitious buds; and
E) culturing said callus or adventitious buds on a selective medium.

Claim 25

A method for promoting root formation from transformed adventitious buds comprising culturing transformed adventitious buds on a medium comprising 1/2 MS basic medium supplemented with:

A) cx-naphthaleneacetic acid,
B) kinetin,
C) casein enzymatic hydrolysate,
D) L-ascorbic acid,
E) L-glutamine,
F) L-asparagine,
G) L-proline,
H) sucrose and
I) phytagel.

Claim 28*

A method of preparing transgenic Acacia mangium cells comprising the steps of:

a) preculturing stem pieces of Acacia mangium in a culture medium; and
b) co-cultivating said stem pieces of step (a) with activated Agrobacterium tumefaciens.

Claim 41

A transgenic Acacia mangium cell.

Claim 42

A transgenic Acacia mangium plant.

Methods for transforming explants of A. mangium with a gene of interest by co-cultivating A. tumefaciens having the gene of interest with pre-cultured explants of the tree species. In one of the methods the tissue selected for transformation is stems. Transgenic cells and plants of A. mangium are also part of the recited invention.

Additional claims recite methods for the regeneration of non-transformed A. mangium from different tissues.

Institute of Molecular Agrobiology

Remarks
  1. National phase entries of WO 2001/53452 in Canada (CA 2362767) and China (CN 1378599) are pending.
  2. National phase entry of WO 2001/53452 in Europe (EP 1272608) is deemed to be withdrawn on 9 March 2005.
  3. National phase entry of WO 2001/53452 in New Zealand (NZ 514910) has been granted on 27 February 2004.
  4. Other national phase entry of WO 2001/53452 include: Norway (NO 20014331; application rejected according to INPADOC), Brazil (BR 200009112).

Note: Patent information on this page was last updated on 10 March 2006.

Beans (Phaseolus vulgaris)

Summary

nunabeansThe University of Toledo has been granted three patents in the United States, Australia and Europe directed to the transformation of Phaseolus vulgaris (common beans) with Agrobacterium.

One of the distinctive features of the claimed intentions is a lack of regeneration of transformed bean plants in a tissue culture media. Mesocotyl cells of beans seedlings are inoculated with Agrobacterium and then the plant is allowed to grow normally. Note that the European patent claims transformation of Phaseolus vulgaris (common beans) as well as Glycine max (soybeans).

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 5169770

  • Earliest priority - 16 December 1988
  • Filed - 21 June 1990
  • Granted - 8 December 1992
  • Patent expired - 5 January 2005

Title - Agrobacterium mediated transformation of germinating plant seeds

Claim 1

A non-tissue culture process for producing a transgenic plant, which process comprises:
(a) germinating a seed of a Phaseolus vulgaris plant for about 24 to 48 hours;
(b) inoculating the meristematic or mesocotyl cells produced by the germinating seed of step (a), prior to differentiation of said cells, with an armed or disarmed Agrobacterium strain containing an Agrobacterium-derived vector, said vector containing a transferable gene; and
(c) allowing the cells to differentiate into a mature plant.

Granted patent US 5169770 has expired due to non-payment of maintenance fees according to the USPTO.

University of Toledo

EP 397687 B1

  • Earliest priority - 21 December 1987
  • Filed - 16 December 1988
  • Granted - 11 May 1994
  • Expected expiry - 15 December 2008

Title - Agrobacterium mediated transformation of germinating plant seeds

Claim 1

A non-tissue culture process for producing a transgenic plant, which comprises:

(a) germinating a seed of a Phaseolus vulgaris or Glycine max plant, for 24 to 48 hours;
(b) inoculating the meristematic or mesocotyl cells produced during germination, prior to differentiation of the seed, with a virulent or non-virulent Agrobacterium strain containing a transferable gene in an Agrobacterium-derived vector; and
(c) allowing the cells to differentiate into a mature plant.

Designated contracting States at the time of grant are: Austria (patent lapsed as reported by INPADOC), Belgium (patent lapsed as reported by INPADOC), Switzerland (patent lapsed as reported by INPADOC), Germany (patent lapsed as reported by INPADOC), France (patent lapsed as reported by INPADOC), United Kingdom (patent lapsed as reported by INPADOC), Italy, Liechtenstein, Luxembourg, Netherlands (patent lapsed as reported by INPADOC), Sweden (patent lapsed as reported by INPADOC)

Remarks
  1. National phase entries of WO 1989/05859 in Australia (AU 633248 B2 and AU 648951 B2) have both ceased according to IP Australia.
  2. National phase entry of WO 1989/05859 in Japan (JP H04/501201) is deemed to be withdrawn.
  3. Other national phase entries of WO 1989/05859 include Denmark (DK 126690) and Kuwait (KR 154872).

Note: Patent information on this page was last updated on 10 March 2006.

Brassica

Summary

cabbage1The genus Brassica encompasses crops such as broccoli, brussel sprouts, cabbage and cauliflower. In addition turnips and choy sum, an Asian vegetable, belong to the Brassica genus. Finally mustards, canola or rapeseed and rutabaga are species of Brassica as well.

The patents granted to Calgene in the United States and in Europe are directed to transgenic Brassica cells containing expression cassettes inserted in their genome through co-cultivation with a disarmed Agrobacterium tumefaciens. Brassica explants, such as leaf and hypocotyl tissue, and protocols to achieve transformation are claimed as well as the component elements of the expression cassettes.

One the most limiting aspects of the claimed inventions is the sequences of the expression cassette or construct inserted into the genome of Brassica plants. In this regard the expression cassette must contain the following elements in 5' to 3' order:

AgrEvo (now Bayer Crop Science) has a granted United States patent that is directed to a method to produce a transgenic Brassica microspore using Agrobacterium . The microspore is treated first with a mucolytic enzyme to kill the bacteria and then develops into a haploid or doubled haploid embryo and ultimately a homozygous transgenic plant (Update July 2003).

The University of Helsinki has granted Australian and United States patents and a European application directed to the transformation of turnip rape (Brassica rapa ) with A. tumefaciens. The claims as granted in Australia and in the US and claims as filed in Europe are fairly narrow in scope; the methods comprise very detailed steps, e.g. type of tissue to be transformed and specific, pre-cultivation and co-cultivation conditions.

Brassica - Patents granted to Calgene

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 5188958

  • Earliest priority - 29 May 1986
  • Filed - 14 August 1989
  • Granted - 23 February 1993
  • Expected expiry - 22 February 2010

Title - Transformation and foreign gene expression in Brassica species

Claim 1

Transgenic Brassica species cells and progeny thereof comprising an expression cassette, wherein said cells are characterized as oncogene-free and capable of regeneration to morphologically normal whole plants, and wherein said expression cassette comprises, in the 5' to 3' direction of transcription:

(i) a transcription initiation region functional in Brassica species cells;
(ii) a DNA sequence comprising an open reading frame having an initiation codon at its 5' terminus or a nucleic acid sequence complementary to an endogenous transcription product which when expressed will alter the phenotype of said transgenic cells;
(iii) a transcription termination region functional in Brassica species cells;
(iv) a right border of T-DNA; and
(v) a structural gene capable of expression in said Brassica providing for selection of transgenic Brassica species cells;
wherein said expression cassette is capable of altering the phenotype of said Brassica species cells when said cells are grown under conditions whereby said DNA sequence or said nucleic acid sequence is expressed.

Claim 8

A transformed Brassica plant produced according to the method comprising:

A) co-cultivating Brassica cells with disarmed A. tumefaciens comprising a plasmid containing an insertion sequence resulting from joining in vitro of a transcription cassette to at least the right T-DNA border of a Ti or Ri plasmid whereby said Brassica cells are transformed with said insertion sequence which becomes integrated into the plant cell genome to provide transformed oncogene-free cells;
B) transferring said transformed oncogene-free cells to callus inducing medium, wherein said callus inducing medium contains at least one auxin and a means for selecting for transformed cells as a result of a marker carried on said plasmid whereby callus comprising transformed cells is produced;
C) transferring said callus to regeneration medium containing less than about 2% sucrose or an organic caloric equivalent thereto to produce shoots; and
D) transferring said shoots to a growing medium to produce plants capable of having an altered phenotype when grown under condition whereby a DNA sequence in said insertion sequence is expressed.

Transformation of Brassica with a disarmed A. tumefaciens having a cassette with a right T-DNA border from a Ti or a Ri-plasmid that is free of oncogenic genes. Induction of callus and shoot formation are key steps in the method to regenerate plants having an altered phenotype. The elements of the expression cassette are also recited in the claims.

Calgene

US 5463174

  • Earliest priority - 29 May 1986
  • Filed - 11 September 1992
  • Granted - 31 October 1995
  • Expected expiry - 22 February 2010

Title - Transformation and foreign gene expression in Brassica species

Claim 1

Transgenic Brassica species cells and progeny thereof comprising an expression cassette, wherein said cells are characterized as oncogene-free and capable of regeneration to morphologically normal whole plants, and wherein said expression cassette comprises, in the 5' to 3' direction of transcription:
(i) a transcription initiation region functional in Brassica species cells;
(ii) a DNA sequence comprising an open reading frame having an initiation codon at its 5' terminus or a nucleic acid sequence complementary to an endogenous transcription product; and
(iii) a transcription termination region functional in Brassica species cells;
wherein at least one of said transcription initiation region and transcription termination region is not naturally associated with said DNA sequence or said nucleic acid sequence; and
wherein said expression cassette imparts a detectable trait when said Brassica species cells are grown under conditions whereby said DNA sequence or said nucleic acid sequence is expressed.

Claim 8

A method for transforming Brassica species cells to produce morphologically normal whole Brassica plants capable of having an altered phenotype as a result of said transformation, said method comprising:

A) co-cultivating a Brassica leaf explant with disarmed A. tumefaciens comprising a plasmid containing an expression cassette joined to at least a right T-DNA border, whereby said expression cassette becomes integrated into the genome of cells in said Brassica explant to provide transformed oncogene-free cells;
B) transferring said explant to callus inducing medium comprising approximately 1 mg/l of one or more growth regulators selected from the group consisting of 2,4-D, kinetin and zeatin to allow callus to form on said explant;
C) transferring said callus to regeneration medium containing less than about 2% sucrose, or an organic caloric equivalent thereto, and comprising at least one milligram per liter of a cytokinin, and a means for selecting for transformed cells as a result of a marker carried on said plasmid, whereby shoots comprising transformed cells are produced from said callus; and
D) transferring said shoots to a growing medium to produce plants capable of having an altered phenotype when grown under conditions whereby a DNA sequence in said expression cassette is expressed.

Claim 11

A transformed Brassica plant produced according to the method comprising:

A) co-cultivating a Brassica leaf or hypocotyl explant with disarmed A. tumefaciens comprising a plasmid containing an expression cassette joined to at least a right T-DNA border, whereby said expression cassette becomes integrated into the genome of cells in said Brassica explant to provide transformed oncogene-free cells, and wherein said expression cassette comprises a neomycin phosphotransferase II gene conferring kanamycin resistance;
B) transferring said explant to callus inducing medium comprising at least one auxin to allow callus to form on said explant;
C) transferring said callus to regeneration medium containing less than about 2% sucrose, or an organic caloric equivalent thereto, and comprising at least one milligram per liter of a cytokinin, and a means for selecting for transformed cells as a result of expression of said neomycin phosphotransferase II gene, whereby shoots comprising transformed cells are produced from said callus; and
D) transferring said shoots to a growing medium to produce plants.

Claim 19

A cell culture of stably transformed Brassica species cells, wherein said cells are capable of regeneration into morphologically normal whole Brassica plants capable of having an altered phenotype as a result of said transformation and regeneration, and wherein said cells are produced according to a method comprising:

A) co-cultivating a Brassica leaf or hypocotyl explant with disarmed A. tumefaciens comprising a plasmid containing an expression cassette joined to at least a right T-DNA border, whereby said expression cassette becomes integrated into the genome of cells in said Brassica tissue explant to provide transformed oncogene-free cells;
B) transferring said tissue explant to callus inducing medium to produce callus comprising stably transformed cells, wherein said callus inducing medium contains at least one auxin and a means for selecting for transformed cells as a result of a marker carried on said plasmid.

Claim 20

Transgenic Brassica species cells and progeny thereof comprising an expression cassette, wherein said cells are characterized as oncogene-free and capable of regeneration to morphologically normal whole plants, and wherein said expression cassette comprises, in the 5' to 3' direction of transcription:
(i) a transcription initiation region functional in Brassica species cells;
(ii) a DNA sequence comprising a gene of interest encoding a protein product or a nucleic acid sequence complementary to an endogenous transcription product which when expressed will alter the phenotype of said transgenic cells; and
(iii) a transcription termination region functional in Brassica species cells;
wherein said expression cassette further comprises a structural gene capable of expression in said Brassica species cells and providing for selection of Brassica species cells comprising said structural gene, and a right border region of T-DNA capable of providing for integration of said expression cassette into the genome of said Brassica species cells; and
wherein said gene of interest or said nucleic acid sequence is expressed and imparts a detectable trait to said Brassica species cells.

Granted US 5463174 is a continuation of now granted US 5188958.

Method to transform Brassica leaf and hypocotyl explants with a disarmed A. tumefaciens having a cassette with a right T-DNA border. Media composition for callus and shoot regeneration are claimed. A claimed expression cassette contains npt II gene for conferring resistance to kanamycin; other elements of the cassette are also recited in the claims.

US 5750871

  • Earliest priority - 29 May 1986
  • Filed - 30 March 1995
  • Granted - 12 May 1998
  • Expected expiry - 22 February 2010

Title - Transformation and foreign gene expression in Brassica species

Claim 1

Transgenic Brassica species cells and progeny thereof comprising an expression cassette, wherein said cells are characterized as oncogene-free and capable of regeneration to morphologically normal whole plants, and wherein said expression cassette comprises, in the 5' to 3' direction of transcription:
(i) a transcription initiation region functional in Brassica species cells;
(ii) a DNA sequence comprising an open reading frame having an initiation codon at its 5' terminus or a nucleic acid sequence complementary to an endogenous transcription product; and
(iii) a transcription termination region functional in Brassica species cells;
wherein at least one of said transcription initiation region and transcription termination region is not naturally associated with said DNA sequence or said nucleic acid sequence; and
wherein said expression cassette is integrated into the genome of said Brassica species cells and imparts a detectable trait when said Brassica species cells are grown under conditions whereby said DNA sequence or said nucleic acid sequence is expressed.

Claim 15

A method for transforming Brassica species cells to produce morphologically normal whole Brassica plants having an altered phenotype as a result of said transformation, said method comprising:

A) co-cultivating a Brassica hypocotyl or leaf explant with disarmed A. tumefaciens comprising a plasmid containing an expression cassette joined to at least a right T-DNA border, whereby said expression cassette becomes integrated into the genome of cells in said Brassica explant to provide transformed oncogene-free cells;
B) transferring said explant to callus inducing medium to allow callus to form on said explant, wherein said callus inducing medium comprises about 1 mg/l of an auxin and from about 0 to 1 mg/l of a cytokinin;
C) transferring said callus to regeneration medium containing less than about 2% sucrose, or an organic caloric equivalent thereto, and comprising at least one milligram per liter of a cytokinin, and a means for selecting for transformed cells as a result of a marker carried on said plasmid, whereby shoots comprising transformed cells are produced from said callus; and
D) transferring said shoots to a growing medium to produce plants having an altered phenotype when grown under conditions whereby a DNA sequence in said expression cassette is expressed.

Granted US 5750871 is a continuation of now granted US 5463174.

The inventors claim elements of an expression cassette that is integrated into the genome of Brassica cells. Hypocotyl and leaf explants are used for transformation. Medium components for callus and shoot regeneration are also claimed.

EP 270615 B1

  • Earliest priority - 29 May 1986
  • Filed - 26 May 1987
  • Granted - 4 August 1993
  • Revoked (appeal of proprietor rejected) - 28 July 2000

Title - Transformation and foreign gene expression in Brassica species

Claim 1

Transgenic Brassica species cells having a DNA construct resulting from in vitro joining of at least two fragments, wherein said fragments comprise:
(i) a transcription initiation region functional in said Brassica;
(ii) a DNA sequence comprising an open reading frame having an initiation codon at its 5' terminus or a sequence complementary to an endogenous transcription product;
(iii) a transcription termination region functional in said Brassica;
(iv) a right border of T-DNA; and
(v) a structural gene capable of expression in said Brassica providing for selection of transformed Brassica cells;
wherein said fragments provide an expression cassette capable of expression in said Brassica cells.

Claim 7

A method for transforming Brassica cells to produce Brassica plants said method comprising:

A) co-cultivating Brassica cells with A. tumefaciens comprising a plasmid comprising an insertion sequence resulting from the in vitro joining of a transcription cassette to at least the right T-DNA border and a marker which provides for selection of cells containing said marker, whereby said Brassica cells are transformed with said insertion sequence which becomes integrated into the plant cell genome;
B) transferring said transformed Brassica cells to callus inducing media containing at least one auxin and selecting for cells comprising said marker to produce callus from said transformed cells;
C) transferring said callus to regeneration media containing less than about 2% sucrose or an organic caloric equivalent to produce shoots; and
D) transferring said shoots to a growing medium to produce plants.

Designated contracting States at the time of grant are: Austria, Belgium, Switzerland (patent lapsed as reported by INPADOC), Germany, France, United Kingdom, Italy, Liechtenstein, Luxembourg, Netherlands, Sweden (patent lapsed as reported by INPADOC)

Transgenic Brassica cells and progeny having an expression cassette that confers an altered phenotype. A method to transform those cells with a disarmed A. tumefaciens is also claimed. The method is the same as the one claimed in US 5188958.

CA 1341167 A1
  • Earliest priority - 29 May 1986
  • Filed - 28 May 1987
  • Granted - 16 January 2001
  • Expected expiry - 15 January 2018

Title - Transformation and foreign gene expression in Brassica species

Claim 1
Transgenic Brassica species cells and cellular progeny thereof comprising an expression cassette, wherein said cells are characterized as oncogene-free and capable of regeneration to morphologically normal whole plants, and wherein said expression cassette comprises, in the 5'- 3' direction of transcription:
(1) a transcription initiation region functional in Brassica species cells;
(2) a DNA sequence comprising an open reading frame having an initiation codon at its 5' terminus or a nucleic acid sequence complementary to an endogenous transcription product; and
(3) a transcription termination region functional in Brassica species cells; wherein at least one of said transcription initiation region and transcription termination region is not naturally associated with said DNA sequence or said nucleic acid sequence; and wherein said expression cassette imparts a detectable trait when said Brassica species cells are grown under conditions whereby said DNA sequence or said nucleic acid sequence is expressed.

Claim 2
Transgenic Brassica species cells and cellular progeny thereof comprising an expression cassette, wherein said cells are characterized as oncogene-free and capable of regeneration to morphologically normal whole plants, and wherein said expression cassette comprises in the 5' - 3' direction of transcription:
(1) a transcription initiation region functional in Brassica species cells;
(2) a DNA sequence comprising an open reading frame having an initiation codon at its 5' terminus or a nucleic acid sequence complementary to an endogenous transcription product which when expressed will alter the phenotype of said transgenic cells;
(3) a transcription termination region functional in Brassica species cells; wherein said expression cassette further comprises a structural gene capable of expression in said Brassica species cells and providing for selection of transgenic Brassica species cells comprising said structural gene, and a right border region of T-DNA capable of providing for integration of said expression cassette into the genome of said Brassica species cells; and wherein said expression cassette is capable of altering the phenotype of said Brassica species cells when said cells are grown under conditions whereby said DNA sequence or said nucleic acid sequence is expressed.

Claim 6
A method for transforming Brassica species cells to produce morphologically normal whole Brassica plants capable of having an altered phenotype as a result of said transformation, said method comprising:

  • co-cultivating Brassica cells with A.tumefaciens comprising an oncogene-free plasmid containing an insertion sequence resulting from joining in vitro of a transcription cassette to at least the right T-DNA border of a Ti- or Ri-plasmid whereby said Brassica cells are transformed with said insertion sequence which becomes integrated into the plant cell genome to provide transformed oncogene-free cells;
  • transferring said transformed oncogene-free cells to callus inducing medium, wherein said callus inducing medium contains at least one auxin and a means for selecting for transformed cells as a result of a marker carried on said plasmid whereby callus comprising transformed cells is produced;
  • transferring said callus to regeneration medium containing less than about 2% sucrose or an organic caloric equivalent thereto to produce shoots; and
  • transferring said shoots to a growing medium to produce plants capable of having an altered phenotype when grown under conditions whereby a DNA sequence in said insertion sequence is expressed.

Claim 16
Transgenic Brassica species cells and cellular progeny thereof comprising an expression cassette, wherein said cells are derived from tissue explants and are characterized as oncogene-free, and wherein said expression cassette comprises, in the 5'- 3' direction of transcription:
(1) a transcription initiation region functional in Brassica species cells;
(2) a DNA sequence comprising an open reading frame having an initiation codon at its 5' terminus or a nucleic acid sequence complementary to an endogenous transcription product; and
(3) a transcription termination region functional in Brassica species cells; wherein at least one of said transcription initiation region and transcription termination region is not naturally associated with said DNA sequence or said nucleic acid sequence; and wherein said expression cassette imparts a detectable trait when said Brassica species cells are grown under conditions whereby said DNA sequence or said nucleic acid sequence is expressed.

Claim 17
Transgenic Brassica species cells and cellular progeny thereof comprising an expression cassette, wherein said cells are derived from tissue explants and are characterized as oncogene-free, and wherein said expression cassette comprises in the 5' - 3' direction of transcription:
(1) a transcription initiation region functional in Brassica species cells;
(2) a DNA sequence comprising an open reading frame having an initiation codon at its 5' terminus or a nucleic acid sequence complementary to an endogenous transcription product which when expressed will alter the phenotype of said transgenic cells;
(3) a transcription termination region functional in Brassica species cells; wherein said expression cassette further comprises a structural gene capable of expression in said Brassica species cells and providing for selection of transgenic Brassica species cells comprising said structural gene, and a right border region of T-DNA capable of providing for integration of said expression cassette into the genome of said Brassica species cells; and wherein said expression cassette is capable of altering the phenotype of said Brassica species cells when said cells are grown under conditions whereby said DNA sequence or said nucleic acid sequence is expressed.

Claim 18
A method for transforming Brassica species cells to produce morphologically normal whole Brassica plants capable of having an altered phenotype as a result of said transformation, said method comprising: transforming Brassica cells with a transcription cassette comprising, in the 5'-3' direction of transcription:
(1) a transcription initiation region functional in Brassica species cells;
(2) a DNA sequence comprising an open reading frame having an initiation codon at its 5' terminus or a nucleic acid sequence complementary to an endogenous transcription product; and
(3) a transcription termination region functional in Brassica species cells; wherein at least one of said transcription initiation region and said transcription termination region is not naturally associated with said DNA sequence or said nucleic acid sequence; whereby said cassette becomes integrated into the plant cell genome to provide transformed cells which are not tumor cells; transferring said transformed cells to callus inducing medium, wherein said callus inducing medium contains at least one auxin and a means for selecting for transformed cells as a result of a marker carried on said plasmid whereby callus comprising transformed cells is produced; transferring said callus to regeneration medium; and transferring said shoots to a growing medium to produce plants capable of having an altered phenotype when grown under conditions whereby a DNA sequence in said insertion sequence is expressed.

CA 1341481 A1
  • Earliest priority - 29 May 1986
  • Filed - 28 May 1987
  • Granted - 26 April 2005
  • Expected expiry - 25 April 2025

Title - Transformation and foreign gene expression in Brassica species

Claim 1
An expression or transcription cassette comprising in the 5' - 3' direction of transcription:
(1) a transcription initiation region functional in Brassica species cells;
(2) a nucleic acid sequence comprising an open reading frame having an initiation codon at its 5' terminus or a nucleic acid sequence complementary to an endogenous transcription product which when expressed will alter the phenotype of Brassica species cells;
(3) a transcription termination region functional in Brassica species cells;
(4) a structural gene capable of expression in Brassica species cells and providing for selection of transgenic Brassica species cells comprising said structural gene; and
(5) a right border region of T-DNA capable of providing for integration of said expression or transcription cassette into the genome of Brassica species cells; and wherein said expression or transcription cassette is capable of altering the phenotype of said transgenic Brassica species cells when said cells are grown under conditions whereby said nucleic acid sequence is expressed.

Claim 11
Transgenic Brassica species tissue consisting of a uniform cell type comprising an expression cassette, wherein said tissue is characterized as oncogene-free, and wherein said expression cassette comprises, in the 5' - 3' direction of transcription:
(1) a transcription initiation region functional in Brassica species tissue;
(2) a DNA sequence comprising an open reading frame having an initiation codon at its 5' terminus or a nucleic acid sequence complementary to an endogenous transcription product; and
(3) a transcription termination region functional in Brassica species tissue; wherein at least one of said transcription initiation region and transcription termination region is not naturally associated with said DNA sequence or said nucleic acid sequence; and wherein said expression cassette imparts a detectable trait when said Brassica species tissue is grown under conditions whereby said DNA sequence or said nucleic acid sequence is expressed.

Claim 12
Transgenic Brassica species tissue consisting of a uniform cell type comprising an expression cassette, wherein said tissue is characterized as oncogene-free, and wherein said expression cassette comprises in the 5' - 3' direction of transcription:
(1) a transcription initiation region functional in Brassica species tissue;
(2) a DNA sequence comprising an open reading frame having an initiation codon at its 5' terminus or a nucleic acid sequence complementary to an endogenous transcription product which when expressed will alter the phenotype of said transgenic tissue; and
(3) a transcription termination region functional in Brassica species tissue; wherein said expression cassette further comprises a structural gene capable of expression in said Brassica species tissue and providing for selection of transgenic Brassica species tissue comprising said structural gene, and a right border region of T-DNA capable of providing for integration of said expression cassette into the genome of said Brassica species tissue; and wherein said expression cassette is capable of altering the phenotype of said Brassica species tissue when said tissue is grown under conditions whereby said DNA sequence or said nucleic acid sequence is expressed.

Claim 13
A transgenic Brassica species cell comprising an expression cassette, wherein said expression cassette comprises, in the 5' - 3' direction of transcription:
(1) a transcription initiation region functional in the Brassica species cell;
(2) a DNA sequence comprising an open reading frame having an initiation codon at its 5' terminus or a nucleic acid sequence complementary to an endogenous transcription product; and
(3) a transcription termination region functional in the Brassica species cell; wherein at least one of said transcription initiation region and transcription termination region is not naturally associated with said DNA sequence or said nucleic acid sequence; and wherein said expression cassette imparts a detectable trait when said Brassica species cell is grown under conditions whereby said DNA sequence or said nucleic acid sequence is expressed.

Claim 14
A transgenic Brassica species cell comprising an expression cassette, wherein said expression cassette comprises in the 5' - 3' direction of transcription:
(1) a transcription initiation region functional in the Brassica species cell;
(2) a DNA sequence comprising an open reading frame having an initiation codon at its 5' terminus or a nucleic acid sequence complementary to an endogenous transcription product which when expressed will alter the phenotype of said transgenic cell; and
(3) a transcription termination region functional in the Brassica species cell; wherein said expression cassette further comprises a structural gene capable of expression in said Brassica species cell and providing for selection of the transgenic Brassica species cell comprising said structural gene, and a right border region of T-DNA capable of providing for integration of said expression cassette into the genome of said Brassica species cell: and wherein said expression cassette is capable of altering the phenotype of said Brassica species cell when said cell is grown under conditions whereby said DNA sequence or said nucleic acid sequence is expressed.

WO 1987/07299 A1

  • Earliest priority - 29 May 1986
  • Filed - 26 May 1987
  • OPI - 3 December 1987

Title - Transformation and foreign gene expression in Brassica species

Claim 1

Transformed Brassica species cells having a DNA construct resulting from in vitro joining of at least two fragments, wherein said fragments comprise:

(1) a transcription initiation region functional in said Brassica;
(2) a DNA sequence comprising an open reading frame having an initiation codon at its 5' terminus or a sequence complementary to an endogenous transcription product;
(3) a transcription termination region func tional in said Brassica;
(4) a right border of T-DNA;
(5) a structural gene capable of expression in said Brassica providing for selection of transformed Brassica cells; wherein said fragments provide an expression cassette capable of expression in said Brassica cells.

Claim 7

A method for transforming Brassica cells to produce Brassica plants, said method comprising:

  • co-cultivating Brassica cells with A. tumefaciens comprising a plasmid comprising an insertion sequence resulting from the in vitro joining of a transcription cassette to at least the right T-DNA border and a marker which provides for selection of cells containing said marker, whereby said Brassica cells are transformed with said insertion sequence which becomes integrated into the plant cell genome;
  • transferring said transformed Brassica cells to callus inducing media containing at least one auxin and selective for cells comprising said marker to produce callus from said transformed cells;
  • transferring said callus to regenerate media containing less than about 2% sucrose or organic caloric equivalent to produce shoots; and
  • transferring said shoots to a growing medium to produce plants.
Remarks
  1. Other national phase entries of WO 1987/07299 include: Finland (FI 880383; patent lapsed), Japan (JP H01/500718; appeal against rejection of application withdrawn by applicant).

Note: Patent information on this page was last updated on 13 March 2006.

Brassica - Patent Assigned to AgrEvo Canada Inc. (now Bayer Crop Science)

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 6316694

  • Earliest priority - 17 March 1995
  • Filed - 14 November 1997
  • Granted - 13 November 2001
  • Expected expiry - 14 March 2016

Title - Transformed embryogenic microspores for the generation of fertile homozygous plants

Claim 1

A method for producing a stably transformed Brassica embryogenic microspore, capable of leading to a non-chimeric transformed haploid or doubled haploid embryo which develops into a fertile homozygous Brassica plant within one generation, said process comprising the following steps:
a. infecting an embryogenic microspore with Agrobacteria, which contain a plasmid carrying a gene of interest under regulatory control of initiation and termination signals bordered by at least one T-DNA border, and
b. washing out and killing the Agrobacteria after co-cultivation using mucolytic enzymes, thereby producing a stably transformed Brassica embryogenic microspore.

Claim 2

A method for producing a non-chimeric Brassica plant, containing a foreign DNA stably incorporated into its genome, said method comprising:
a. co-cultivating a Brassica embryogenic microspore with Agrobacteria which contains a plasmid carrying a gene of interest under regulatory control of initiation and termination signals;
b. washing out and killing the Agrobacteria after co-cultivation using mucolytic enzymes; and
c. regenerating a non-chimeric haploid or doubled haploid Brassica embryo from said microspore, wherein the embryo contains said gene of interest stably integrated into its genome, thereby producing a non-chimeric Brassica plant.

This patent discloses a method to generate transgenic plants from the Brassica family by using microspores as a target tissue for Agrobacterium carrying a gene of interest. After infection bacteria are eliminated by treatment with mucolytic enzymes. Microspores are further cultivated to produce haploid or doubled haploid embryos from which fully regenerated transgenic plants are obtained.

AgrEvo Canada Inc. (now Bayer Crop Science)

Remarks
  1. Claims of other granted national phase entries of the corresponding PCT application for US 6316694 (WO 1996/29419)  in Australia (AU 710201) and China (CN 1110562) are not limited to plants from the Brassica family.
  2. National phase entry of WO 1996/29419 in Canada (CA 2215763) is pending.
  3. Nationall phase entry of WO 1996/29419 n Europe (EP 737748) is deemed to be withdrawn on 6 September 2000.

Note: Patent information on this page was last updated on 13 March 2006.

Turnip rape (Brassica rapa) - Granted patents assigned to the University of Helsinki

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 6455761

  • Earliest priority - 18 September 1997
  • Filed - 10 March 2000
  • Granted - 24 September 2002
  • Expected expiry - 15 September 2018

Title - Agrobacterium-mediated transformation of turnip rape

Claim 1

A method for transforming mature plants of turnip rape, comprising

(i) excising an internode section of the inflorescence-carrying stem of a mature turnip rape plant,
(ii) sterilizing said internode section, and cutting it in 4-8 mm segments to obtain an internode segment,
(iii) placing an internode segment in a horizontal position on an agar pre-cultivation medium supplemented with 15-90 μM of silver nitrate and 2,4-dichlorophenoxyacetic acid (2,4-D) hormone,
(iv) pre-cultivating the internode segment on said medium for 1 day,
(v) immersing the internode segment in a MS solution inoculated with Agrobacterium tumefaciens bacteria carrying at least one gene heterologous to said turnip rape,
(vi) placing the immersed internode segment in a horizontal position on an agar MS co-cultivation medium,
(vii) co-cultivating the internode segment with Agrobacteria for 2 days,
(viii) washing the internode segment to remove the Agrobacteria,
(ix) placing the internode segment in a vertical position with the basal side down on MS agar medium for selection with an antibiotic, the medium being supplemented with cytokinine hormones and silver nitrate, to obtain an internode segment with regenerated primordia or embryonic green nodules,
(x) placing the internode segment with regenerated primordia or embryogenic green nodules on a hormone-free regeneration medium, and
(xi) recovering the transgenic shoots regenerated.

The independent claim of United Stated patent US 6455761 discloses a quite detailed protocol of how to obtain transgenic turnip rape (Brassica rapa). This offers a number of opportunities to develop similar methods and avoid infringement with respect to this specific patent at the same time. Other patents have more general claims that cover the use of Agrobacterium to produce transgenic dicots for example.


University of Helsinki

AU 732372 B2

  • Earliest priority - 18 September 1997
  • Filed - 16 September 1998
  • Granted - 26 April 2001
  • Patent ceased - 22 April 2004

Title - Agrobacterium-mediated transformation of turnip rape

Claim 1

A method for transformation of mature plants of turnip rape, comprising

- excising an internode section of the inflorescence carrying stem of a mature turnip rape plant,
- sterilizing said internode section, and cutting it in 4-8 mm segments,
- placing a segment in a horizontal position on an agar pre-cultivation medium supplemented with silver nitrate and 2, 4-dichlorophenoxyacetic acid (2, 4-D) hormone,
- pre-cultivating the segment on said medium for 1 day,
- immersing the segment in a MS solution inoculated with Agrobacterium tumefaciens bacteria carrying at least one gene heterologous to said turnip rape,
- placing the immersed segment in a horizontal position on an agar MS co-cultivation medium,
-co-cultivating the segment with Agrobacteria for 2 days,
- washing the segment from the Agrobacteria,
-placing the segment in a vertical position with the basal side down on MS agar medium for selection with an antibiotic, the medium being supplemented with cytokinine hormones and silver nitrate, and
-placing the segment with regenerated primordia or embryogenic green nodules on a hormone free regeneration medium, and
- recovering the transgenic shoots regenerated.

Remarks
  1. National phase entry of WO 1999/14349 in Canada (CA 2302835) is deemed dead on 16 September 2004.
  2. National phase entry of WO 1999/14349 in Europe (EP 1009845) is deemed to be withdrawn on 6 October 2004.
  3. Other national phase entry of WO 1999/14349 includes Finland (FI 973720).

Note: Patent information on this page was last updated on 13 March 2006.

Cacao

Summary

cacaoThe Penn State Research Foundation has filed patent applications in Europe and Australia (both now abandoned) and has been granted a United States patent related to transformation of cacao floral tissue or a cacao cell with Agrobacterium.

The invention sets out different steps for a method to transform cacao tissue. The steps include

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 6150587

  • Earliest priority - 27 June 1997
  • Filed - 26 June 1998
  • Granted - 21 November 2000
  • Expected expiry - 25 June 2018

Title - Method and tissue culture media for inducing somatic embryogenesis, Agrobacterium-mediated transformation and efficient regeneration of cacao plants

Claim 1

A method of inducing Agrobacterium -mediated transformation of cacao, which method comprises:

A) co-culturing a cacao floral tissue explant or cell with a non-tumorigenic Agrobacterium to produce a transformed embryogenic callus, wherein the cacao tissue explant or cell is cultured on a primary callus growth medium, said primary callus growth medium comprising DKW basal salts, a carbon source, and at least two growth regulators;
B) culturing the embryogenic callus produced in step (A) on a secondary callus growth medium having the property of inducing homeostatic growth and bipolar callus development, wherein the secondary callus growth medium is comprised of a low salt WPM basal medium, at least one growth regulator and a carbon source; and
C) culturing the callus produced in step (B) on a hormone-free embryo development medium having the property of inducing embryo differentiation, wherein the embryo development medium is comprised of a DKW basal medium and a carbon source.

Transformation of cacao floral tissue or cacao cells with a non-tumorigenic Agrobacterium. Media for cultivation of embryogenic callus and induction of embryo differentiation are also claimed.

Another granted patent US 6197587 and patent application US 2001/047524 A1 share the same priority documents as US 6150587, however the claims do not concern transformation of cacao plants. US 6197587 B1 recites a method of inducing somatic embryogenesis in a cacao tissue, and US 2001/047524 A1 recites a method of inducing somatic embryogenesis in a cacao tissue as well as regenerating cacao plantlets, and medium compositions for callus growth, embryo development, and regeneration.

Penn State Research Foundation

WO 1999/00008 A1

  • Earliest priority - 27 June 1997
  • Filed - 26 June 1998
  • OPI - 7 January 1999

Title - Method and tissue culture media for inducing somatic embryogenesis, Agrobacterium-mediated transformation and efficient regeneration of cacao plants

Claim 1

A method of inducing Agrobacterium-mediated transformation of cacao comprising the steps of:

(a) coculturing a cacao tissue explant or cell with a non-tumorigenic Agrobacterium to produce a transformed embryogenic callus;
(b) culturing the embryogenic callus produced in step (a) on an embryo development medium, said medium having the property of inducing embryo differentiation to obtain mature transformed somatic embryos.

Claim 16
A method of regenerating transformed cacao plantlets comprising the steps of:
(a) providing a transformed cacao somatic embryo;
(b) germinating said somatic embryo on a primary embryo conversion medium; and
(c) regenerating a transformed cacao plantlet on a secondary embryo conversion medium from a germinated embryo produced in step (b).

Claim 24
A method of regenerating transformed cacao plantlets comprising the steps of:
(a) providing a transformed cacao somatic embryo;
(b) culturing said somatic embryo on a plant regeneration medium.

PCT application WO 1999/00008 recite an Agrobacterium-mediated transformation method of cacao that is not limited to cacao floral tissue explant or cell as granted US 6150587 (see above), but of any cacao tissue explant or cell. Methods of regenerating transformed cacao plantlets are also recited.

Related PCT application WO 1999/00487 recites a method of inducing somatic embryogenesis in a cacao tissue as well as regenerating cacao plantlets, and medium compositions for callus growth, embryo development, and regeneration.

Remarks
  1. National phase entry of WO 1999/00008 in Australia (AU 81743/98) has lapsed on 9 March 2000.
  2. National phase entry of WO 1999/00008 in Europe (EP 999737) is deemed to be withdrawn on 12 March 2003.

Note: Patent information on this page was last updated on 13 March 2006.

Camelina sativa (Gold of pleasure)

Camelina sativa belongs to the family Brassicaceae. This plant is native to Eastern Europe and Southwest Asia, where there are also wild weedy forms. The developed crop form was widely grown across Europe until the 1950s. The seeds yield an oil of excellent nutritional quality which in the past was used as an illuminant and for cosmetic purposes, while the stems were utilized for making brushes, packaging, and thatching temporary buildings. There were additional uses of the green crop as fodder and of the seed for fattening poultry, while the protein-rich press cake was a valued livestock food. Small areas have been grown in recent years for use in the soap and cosmetic industries and as a constituent of birdseed. Experiments are being conducted to assess its future potential.

Summary of the invention

The present invention discloses a general method for transformation of Camelina sativa using Agrobacterium. Independent Claim 1 is not limited in the sort of explant used for transformation. The only limitation seems to be that an explant is used as starting material, which could mean that full plants are excluded from protection.

Independent Claims 27-30 recite broad claims on various industrial application of the genetically modified plant, which is seen as having potential for the production of a number of metabolites and products.

Naturally, this patent application must be viewed in the light of the many other patents on Agrobacterium-mediated transformation, including general methods, methods for dicots and vectors.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assigne


WO 2002/38779 A1

  • Earliest priority - 13 November 2000
  • Filed - 12 November 2001
  • OPI - 16 May 2002

Title - A transformation system in Camelina sativa

Claim 1

A method for Agrobacterium-mediated genetic transformation, characterized in that the method is Agrobacterium-mediated genetic transformation of Camelina sativa comprising the steps of:

(a) providing explants from Camelina sativa;
(b) contacting the explants of Camelina sativa with Agrobacterium containing at least one recombinant DNA construct;
(c) allowing the transformation to take place on culture medium optionally supplemented with at least one hormone;
(d) inducing formation (regeneration) of one or more shoots and roots from the transformed explants on a cell culture medium optionally containing at least one hormone; and
(e) growing the shoots into a whole Camelina sativa plant.

Claim 27
The use of Camelina sativa as an alternative model plant in Agrobacterium-mediated transformation.

Claim 28
The use of transgenic Camelina sativa for producing heterologous or homologous products.

Claim 29
The use of transgenic Camelina sativa for producing proteins.

Claim 30
The use of transgenic Camelina sativa for producing metabolites.

Agrobacterium-mediated transformation of Camelina sativa explants and the subsequent regeneration of the transformed cells into whole Camelina sativa plants. The use of transgenic Camelina sativa for the production of homologous or heterologous recombinant products are also claimed.

According to the specification, the term "hormone" in claim 1 'means organic compounds or molecules originating in certain parts or organs of a plant, which compounds when transported to another tissue elicit a certain response. Plant hormones are active preferably in small concentrations and can be used in different combinations. The major classes of plant hormones are auxin, gibberellins, cytokinins, ethylene, and abscisic acid, each of which has many effects. Also a variety of other compounds including oligosaccharmns, batasins and brassino steroids function as hormones in plants.'

Unicorp Ltd

Remarks
  1. National phase entry of WO 2002/38779 in Canada (CA 2427117), United States (US 2004/0031076) and Europe (EP1334199) are pending.
  2. National phase entry of WO 2002/38779 in Australia (AU 1407802) has lapsed as advertised on 29 January 2004 according to IP Australia.
  3. National phase entry of WO 2002/38779 in Finland (FI 110009B B1) has been granted on 15 November 2002.

Note: Patent information on this page was last updated on 14 March 2006.

Carnations

Summary

carnationIn a European application and a United States granted patent, the invention claimed by Florigene Europe is directed to

Carnations - Patent application filed by Florigene Europe B.V.

Specific Patent Information

Patent Number
Title, Independent Claims and Summary of Claims
Assignee

WO 1992/017056 A1

  • Earliest priority - 1 April 1991
  • Filed - 31 March 1992
  • OPI - 15 October 1992

Title - Carnation plants and methods for their transformation and propagation

Claim 1

A method for genetically transforming carnation plant material, said method comprising:

A) co-cultivating carnation plant material with Agrobacterium cells carrying an exogenous DNA sequence;
B) initiating callus formation in the plant material; and
C) selecting transformed plant cells.

Claim 5

A method for producing genetically altered carnation plants, said method comprising:

A) co-cultivation of carnation plant material with Agrobacterium cells carrying an exogenous DNA sequence including a selectable marker gene in a co-cultivation medium containing nutrients, an energy source, and an induction compound under conditions which allow the Agrobacterium cells to infect the plant material and transfer the exogenous DNA to the carnation chromosomes;
B) culturing plant material from step (A) in a callus initiation medium containing nutrients, an energy source, an auxin, a cytokinin, an anti-Agrobacterium antibiotic, and a plant selection agent which inhibits callus and shoot formation from plant material which does not express the selectable marker gene to produce transformed callus material; and
C) culturing transformed callus material in a regeneration medium containing nutrients, an energy source, an auxin, a cytokinin, an anti-Agrobacterium antibiotic, and the plant selection agent, present in amounts effective to produce transformed shoots.

Claim 23

A method for micropropagating shoots from carnation plant material, said method comprising:

A) culturing carnation plant material to produce a plurality of shoots; and
B) placing vitrified shoots from step (A) in a normalizing medium containing nutrients and an energy source but being substantially free from growth regulators, whereby new shoots are produced which are free from vitrification.

Claim 26

A method for micropropagating shoots from previously established carnation shoots, said method comprising:

A) separating individual shoots; and
B) culturing individual shoots in a multiplication medium comprising nutrients, an energy source, growth regulators and a solidifying agent for a time sufficient to produce at least about 50 shoots for each individual shoot cultured.

Claim 27

A method for regenerating carnation plants, said method comprising: culturing carnation plant material on a regeneration medium containing nutrients, an energy source, a solidifying agent, indole butyric acid at a concentration in the range from about 1 to 5 M, and thidiazuron at a concentration in the range from about 0.5 to 2 M, whereby shoots are produced at a regeneration frequency above about 20 percent.

Claim 28

Carnation callus material which expresses an exogenous DNA sequence.

Claim 30

A carnation plant having cells which express an exogenous DNA sequence.

The claims of the PCT application recite transformation of carnation plant material with Agrobacterium. There is no mention of the plant material used for transformation. Methods for shoot formation and rooting as well as a method for whole plant regeneration are recited in the claims.

Florigene Europe B.V.

Remarks

National phase entry of WO 1992/017056 in Europe (EP 582603) is deemed to be withdrawn on 16 April 2003.

Note: Patent information on this page was last updated on 14 March 2006.

Carnations - Patent granted to Florigene Europe B.V.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 5589613 A

  • Earliest priority - 1 April 1991
  • Filed - 10 November 1993
  • Granted - 31 December 1996
  • Expected expiry - 30 December 2016

Title - Carnation plants and methods for their transformation and propagation

Claim 1

A method for genetically transforming carnation plant material, said method comprising:

A) co-cultivating carnation plant material with Agrobacterium tumefaciens or rhizogenes cells carrying an exogenous DNA sequence;
B) initiating callus formation in the plant material; and
C) selecting transformed plant cells.

Claim 5

A method for producing genetically altered carnation plants, said method comprising:

A) co-cultivation of carnation plant material with Agrobacterium tumefaciens or rhizogenes cells carrying an exogenous DNA sequence including a selectable marker gene in a co-cultivation medium containing nutrients, an energy source, and an induction compound under conditions which allow the Agrobacterium cells to infect the plant material and transfer the exogenous DNA to the carnation chromosomes, wherein the carnation plant material is leaf obtained from shoots grown in culture;
B) culturing plant material from step (A) in a callus initiation medium containing nutrients, an energy source, an auxin, a cytokinin, an anti-Agrobacterium antibiotic, and a plant selection agent which inhibits callus and shoot formation from plant material which does not express the selectable marker gene to produce transformed callus material; and
C) culturing transformed callus material in a regeneration medium containing nutrients, an energy source, an auxin, a cytokinin, an anti-Agrobacterium antibiotic, and the plant selection agent, present in amounts effective to produce transformed shoots.

Claim 22

A method for micropropagating shoots from transformed carnation plant material, said method comprising:

A) culturing transformed carnation plant material obtained from callus to produce a plurality of vitrified shoots; and
B) placing vitrified shoots from step (A) in a medium containing nutrients and an energy source but being substantially free from growth regulators for a period of at least about one month, whereby new shoots are produced which are free from vitrification.

Claim 24

Carnation callus material derived from an explant material which has been transformed with an exogenous DNA sequence, wherein said DNA sequence comprises a functional gene capable of imparting a phenotype not possessed by the explant material and wherein said DNA sequence has been integrated into the carnation genome.

Claim 26

A carnation plant having cells derived from an explant material which have been transformed with an exogenous DNA sequence, wherein said DNA sequence comprises a functional gene capable of imparting a phenotype not possessed by the explant material and wherein said DNA sequence has been integrated into the carnation genome.

Claim 28

A carnation plant having cells derived from an explant material which have been transformed with an exogenous DNA sequence so that flowers of the plant display a phenotype characterized by controlled senescence resulting in prolonged vase life relative to the vase life of flowers from plants propagated from non-transformed cells of the explant material.

Claim 29

A transgenic carnation plant derived from an explant material comprising an exogenous DNA sequence so that flowers of the plant display a phenotype charac terized by controlled senescence resulting in prolonged vase life relative to the vase life of flowers from plants propagated from non-transformed cells of the explant material.

Claim 31

A carnation plant having cells derived from an explant material which have been transformed with an exogenous DNA sequence to display a phenotype characterized by resistance to a herbicide.

Claim 32

A transgenic carnation plant derived from an explant material comprising an exogenous DNA sequence to display a phenotype characterized by resistance to a herbicide.

Claim 34

A carnation plant having cells derived from an explant material which have been transformed with an exogenous DNA sequence so that flowers of the plant display a phenotype characterized by a color conferred by said exogenous DNA sequence which color is modified relative to a flower color of the explant material.

Claim 35

A transgenic carnation plant derived from an explant material comprising an exogenous DNA sequence so that flowers of the plant display a phenotype characterized by a modified color conferred by said exogenous DNA sequence which color is modified relative to a flower color of the explant material.

Claim 37

A carnation plant derived from an explant material having cells which have been transformed with an exogenous DNA sequence to display a phenotype characterized by enhanced resistance to disease relative to the disease resistance of plants propagated from non-transformed cells of the explant material.

Claim 38

A transgenic carnation plant derived from an explant material comprising an exogenous DNA sequence to display a phenotype characterized by enhanced resistance to disease relative to the disease resistance of plants propagated from non-transformed cells of the explant material.

Claim 40

A carnation plant having cells which have been transformed with the ACC synthase gene.

Claim 41

A carnation plant having cells which have been transformed with a chlorsulfuron resistance gene.

Transformation of carnation plant material with A. tumefaciens or A. rhizogenes carrying a gene of interest. Carnation leaves are transformed to alter the phenotype of the plants. A controlled senescence, resistance to a herbicide, resistance to diseases, and alteration of color are part of the desirable characters introduced into the plants via Agrobacterium transformation.

Florigene Europe B.V.

Note: Patent information on this page was last updated on 14 March 2006.

Chrysanthemums

Summary

chrysmumsA transformed chrysanthemum plant capable of expressing a gene of interest is the subject of the invention granted to Florigene Europe in the United States. In this patent, the explants or plant material transformed with Agrobacterium are limited to stem, leaf, peduncle, petiole, meristem and shoot apex. The invention discloses a method to regenerate a chrysanthemum shoot and a chrysanthemum plant expressing an exogenous gene.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 5567599

  • Earliest priority - 21 August 1990
  • Filed - 26 January 1994
  • Granted - 22 October 1996
  • Expected expiry - 25 January 2014

Title - Method for producing transformed chrysanthemum plants

Claim 1

A method for producing a chrysanthemum plant comprising an exogenous DNA fragment, which chrysanthemum plant is capable of expressing a gene within the exogenous DNA fragment, comprising the steps of: A) isolating an explant from source material from a chrysanthemum plant, wherein said source material is selected from the group consisting of leaf, stem, peduncle, petiole, meristem, and shoot apex;
B) inoculating the explant from source material from the chrysanthemum plant with a culture of Agrobacterium, which Agrobacterium comprises an exogenous DNA fragment comprising a gene under the control of a promoter capable of promoting the transcription of the gene within the exogenous fragment, to obtain an inoculated explant;
C) incubating the inoculated explant of step (B) on an incubation medium;
D) culturing the incubated explant of step (C) on a regeneration medium to obtain regenerated shoots of the chrysanthemum plant; and
E) culturing the regenerated shoots of step (D) on a rooting medium to obtain a chrysanthemum plant comprising the exogenous DNA fragment, in which the chrysanthemum plant is capable of expressing the gene within the exogenous DNA fragment.

Claim 60

A method for producing a chrysanthemum plant comprising an exogenous DNA fragment using Agrobacterium as a vector, comprising the steps of:

A) incubating chrysanthemum plant source material on a pretreatment medium;
B) isolating a leaf explant from source material from the chrysanthemum plant;
C) inoculating the explant from source material from the chrysanthemum plant with a culture of Agrobacterium, which Agrobacterium comprises an exogenous DNA fragment comprising a gene under the control of a promoter capable of promoting the transcription of the gene within the exogenous fragment, to obtain an inoculated explant;
D) incubating the inoculated explant of step (C) on an incubation medium;
E) culturing the incubated mixture of step (D) on a regeneration medium to obtain regenerated shoots of the chrysanthemum plant; and
F) culturing the regenerated shoots of step (E) on a rooting medium to obtain a chrysanthemum plant comprising the exogenous DNA fragment.

Production of a transformed chrysanthemum plant expressing a gene of interest by transforming different explants with Agrobacterium carrying the exogenous gene. The group of explants transformed include leaf, stem, peduncle, petiole, meristem and shoot apex. To obtain a chrysanthemum plant, shoot formation and rooting are induced.

Florigene Europe B.V.

Remarks

National phase entry of WO 1992/03041 in Australia (AU 84330/91) has lapsed on 13 May 1993.

Note: Patent information on this page was last updated on 14 March 2006.

Chrysanthemum - Patent granted to Florigene Europe B.V.

Actual granted claims

US 5 567 599

Claim 1

A method for producing a chrysanthemum plant comprising an exogenous DNA fragment, which chrysanthemum plant is capable of expressing a gene within the exogenous DNA fragment, comprising the steps of: A) isolating an explant from source material from a chrysanthemum plant, wherein said source material is selected from the group consisting of leaf, stem, peduncle, petiole, meristem, and shoot apex;
B) inoculating the explant from source material from the chrysanthemum plant with a culture of Agrobacterium, which Agrobacterium comprises an exogenous DNA fragment comprising a gene under the control of a promoter capable of promoting the transcription of the gene within the exogenous fragment, to obtain an inoculated explant;
C) incubating the inoculated explant of step (B) on an incubation medium;
D) culturing the incubated explant of step (C) on a regeneration medium to obtain regenerated shoots of the chrysanthemum plant; and
E) culturing the regenerated shoots of step (D) on a rooting medium to obtain a chrysanthemum plant comprising the exogenous DNA fragment, in which the chrysanthemum plant is capable of expressing the gene within the exogenous DNA fragment.

Claim 60

A method for producing a chrysanthemum plant comprising an exogenous DNA fragment using Agrobacterium as a vector, comprising the steps of:

A) incubating chrysanthemum plant source material on a pretreatment medium;
B) isolating a leaf explant from source material from the chrysanthemum plant;
C) inoculating the explant from source material from the chrysanthemum plant with a culture of Agrobacterium, which Agrobacterium comprises an exogenous DNA fragment comprising a gene under the control of a promoter capable of promoting the transcription of the gene within the exogenous fragment, to obtain an inoculated explant;
D) incubating the inoculated explant of step (C) on an incubation medium;
E) culturing the incubated mixture of step (D) on a regeneration medium to obtain regenerated shoots of the chrysanthemum plant; and
F) culturing the regenerated shoots of step (E) on a rooting medium to obtain a chrysanthemum plant comprising the exogenous DNA fragment.

Citrus

Summary

ORANGESThe INIA1 and the IVIA2 from Spain have a granted United States patent directed to a method for transforming adult citrus plants with A. tumefaciens having a gene of interest.

The invention discloses in vitro micrografting of transformed shoots onto stocks, at least twice, in order to generate complete adult plants. The second in vitro micrografting can be skipped by planting the first micrografted plants directly into soil.

The related European application EP 870 838 A3, which is not presented here, does not refer to a transformation method in particular, and instead inoculation of a vector carrying a gene of interest into a citrus plant can be performed by any method, including Agrobacterium as disclosed in dependent Claim 2. Furthermore, independent Claim 1 covers any woody species, therefore this application is mentioned in the section 'Woody Tree Species'.

1 Instituto Nacional de Investigacion y Tecnologia Agraria y Alimentaria (INIA), Spain

2 Instituto Valenciano de Investigaciones Agrarias (IVIA), Spain

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 6103955
  • Earliest priority - 5 March 1997
  • Filed - 5 March 1998
  • Granted - 15 August 2000
  • Expected expiry - 4 March 2018

Title - Procedure for the genetic transformation of adult plants of woody species

Claim 1

A procedure for the genetic transformation of citrus adult plants consisting of:

(a) co-culturing explants of adult tissue from citrus plant species, from the first flushes of the grafts of buds of citrus adult plants onto stocks, with a non-oncogenic strain of Agrobacterium tumefaciens, optionally modified to further contain genes which encode the characteristics of interest to be inserted into the citrus plant, in feeder plates, and subsequently, in a culture medium which favors the induction of transgenic shoots and permits the selection thereof;
(b) in vitro micrografting said transgenic shoots, their buds or apices, onto stocks cultivated in vitro; and
(c) grafting the resulting in vitro micrografted plants, their buds and apices, onto other stocks which give vigor and allowing the successful grafts to grow to generate complete adult plants, or directly transplanting the in vitro micrografted plants into the soil to generate complete adult plants.

Method for transforming explants of adult citrus plants with a non-oncogenic A. tumefaciens having a gene of interest. The transformed shoots are micrografted onto other stocks to allow regeneration of complete adult plants.


INIA & IVIA

Remarks
  1. Related application in Europe (EP 870838) is pending.
  2. Related patent granted in Spain (ES 2151338), however, claim 1 recites a procedure for the genetic transformation of adult plants of woody species, and is not limited to those of citrus species.

Note: Patent information on this page was last updated on 14 March 2006.

Coffee

Summary

coffeeCoffee belongs to the botanical family Rubiaceae. There are at least 25 species of the genus Coffea, all indigenous to Africa, and some islands in the Indian Ocean. Today coffee is cultivated in some eighty countries in South and Central America, the Caribbean, Africa and Asia, generally in areas lying between the Tropics of Cancer and Capricorn. The two biggest producers by far are Brazil and Colombia, followed by Indonesia, Vietnam and Mexico.

The coffee tree is a tropical evergreen shrub with two beans per fruit, which when ripe resemble a red cherry. The two most commercially important species grown are Coffea canephora (robustas) and Coffea arabica (arabicas). The latter, which accounts for 70% of the world production, grows at higher altitudes, requires less rain, and its beans have a lower caffeine content than that of robustas. Arabica coffee is highly susceptible to pests and diseases; therefore resistance is a major goal of plant breeding programs. It is grown throughout Latin America, in Central and East Africa, in India and to some extent in Indonesia. Robusta coffee is grown in West and Central Africa, throughout Southeast Asia and in Brazil. Two other species, which are grown on a much smaller scale are Coffea liberica (Liberica coffee), grown in Malaysia and in West Africa, and Coffea dewevrei (Excelsa coffee).

After oil, coffee is the most important traded commodity in the world, and is the primary export of many developing countries. More than two thirds of current world coffee production is exported from Latin America and the Caribbean, with much of the rest coming from African and Asian producers. However, most coffee is consumed in the developed world; the United States and the European Community together import two out of every three bags of coffee produced in the world.

Coffee - Independent claim

IP aspects

The Nara Institute of Science and Technology has granted patents in Australia, United States, and Japan related to genetic transformation of coffee with A. tumefaciens. In the Australian granted patent there is no limitation on the species of Coffea to be transformed or on the gene to be introduced into the plants. The major limitation of the granted invention lies in the strain of A. tumefaciens used for the transformation process.

Furthermore, the patent application has only been filed in countries where coffee is not a major agricultural product, at least not at the same scale as the well-known coffee producing countries. For instance, in Australia there are only two places with commercial production. One is located in north of Queensland and the other one is in the Northern Rivers region of New South Wales. The production of coffee in Australia was around US$800,000 dollars worth in 1998/1999, while the world coffee trade is estimated at around US$13 billion dollars per year. Thus, the patents on the present invention will likely have very little impact for the most important coffee producers' countries.

Specific Patent Information

Patent Number
Title, Independent Claims and Summary of Claims
Assignee

US 6392125

  • Earliest priority - 28 December 1998
  • Filed - 22 December 1999
  • Granted - 21 May 2002
  • Expected expiry - 21 December 2019

Title - Method for producing the transformants of coffee plants and transgenic coffee plants

Claim 1

A method for producing a transformant of Coffea arabica, the method comprising the steps of:

(a) infecting an embryogenic callus of Coffea arabica with Agrobacterium tumefaciens EHA101 strain that comprises a vector containing an exogenous gene and a gene available for the selection of transformed embryonic callus to produce a transformed embryogenic callus in a medium containing N6 -[2-isopentenyl]-adenosine,

(b) selecting said transformed embryonic callus,

(c) forming a somatic embryo from said transformed embryogenic callus and

(d) regenerating a transformed Coffea arabica from said somatic embryo.

Granted patent US 6392125 recites an Agrobacterium-mediated method to produce a transformant of Coffee arabica. The A. tumefaciens strain is limited to EHA101.

Nara Institute of Science and Technology

AU 729635 B2

  • Earliest priority - 28 December 1998
  • Filed - 23 December 1999
  • Granted - 8 February 2001
  • Expected expiry - 22 December 2019

Title - Method for producing the transformants of coffee plants and transgenic coffee plants

Claim 1
A method for producing a transformant of a coffee plant, the method comprising the steps of:
(a) infecting an embryogenic callus of a coffee plant with Agrobacterium tumefaciens EHA101 strain comprising a vector comprising an exogenous gene to produce a transformed embryogenic callus;
(b) forming a somatic embryo from said transformed embryogenic callus; and
(c) regenerating a transformed coffee plant from said somatic embryo.

Granted patent AU 729635 does not limit the type of coffee plant to be transformed with A. tumefaciens EHA101, and there is no statement on the components of the medium used for infecting the coffee plant callus.

Remarks
  1. Related application in Canada (CA 2291932) is pending.
  2. Related patent has been granted in Japan (JP 3286733) on 27 May 2002.
  3. Other related patent document  published in Switzerland (CH 694207).

Note: Patent information on this page was last updated on 14 March 2006.

Cotton

Summary

cotton_closeupFive different entities have patents and patent applications related to methods for transforming cotton with Agrobacterium.

Agracetus (now owned by Monsanto) has been granted two patents in the United States and one in Europe, directed to transformation of immature cotton plants with A. tumefaciens. The Agracetus patents have the earliest priority date in the group of cotton transformation patents, dating back to 1986. The major aspects of the inventions are:

Calgene (also owned by Monsanto) has one United States patent related to this topic and recently a European and an Australian patent have also been granted. In both Agracetus' and Calgene's inventions hypocotyl cotton tissue is transformed with Agrobacterium. However, in contrast to Agracetus' inventions, Calgene claims any exogenous gene and Agrobacterium species. Other distinctive features of the invention by Calgene include the use of a cotton seedling grown in the dark as source material for the tissue to be transformed and the induction of embryogenic callus formation in a hormone-free medium.

Differing from those discussed above, Cotton Inc. and The Institute of Molecular Agrobiology (SG) disclose in their patent applications the use of meristematic cells of apical shoot tips of cotton, and cotton petiole and root callus, respectively, as tissues to be transformed with Agrobacterium.

Aventis CropScience (now Bayer Crop Science) and Bayer BioScience patents and applications disclose the use of cotton embryogenic callus as target tissue for transformation with Agrobacterium. The addition of a plant phenolic compound prior or during the transformation of the cotton tissue for vir gene induction constitutes a disclosed improvement of cotton transformation methodology. This group has the most recent priority date (19 May 1999) among the cotton transformation patents.

Cotton - Patents granted to Agracetus

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 5004863

  • Earliest priority - 3 December 1986
  • Filed - 3 December 1986
  • Granted - 2 April 1991
  • First reexamination (B1) - 8 December 1992
  • Second reexammination (B2) - 17 October 2000
  • Expected expiry - 1 April 2008

Title - Genetic engineering of cotton plants and lines

Claim 1

A method of introducing genes into cotton plants and plant lines comprising the steps of:

A) exposing hypocotyl tissue of immature cotton plants to a culture of transformation competent non-oncogenic Agrobacterium tumefaciens harboring a Ti plasmid having a T-DNA region including both a foreign chimeric gene and a selection agent resistance gene, both genes including appropriate regulatory sequences so as to be expressed in the cells of cotton plants;
B) culturing the exposed tissue in the presence of a selection agent for which the resistance gene encodes for resistance so as to select for plant cells transformed with the T-DNA region;
C) inducing somatic embryo formation in the exposed tissue in culture; and
D) regenerating the somatic embryos into whole cotton plants.

Claim 16

A method for introducing genes into cotton plants and plant lines, comprising the following steps in sequence:

A) surface sterilizing cotton seeds;
B) allowing said cotton seeds to germinate thus forming immature cotton plants, said immature cotton plants including hypocotyl tissue;
C) exposing said hypocotyl tissue to a culture of transformation competent non-oncogenic Agrobacterium tumefaciens harboring a Ti plasmid having a T-DNA region including both a foreign chimeric gene and a selection agent resistance gene;
D) culturing said hypocotyl tissue on a medium containing at least one antibiotic toxic to said Agrobacterium tumefaciens but not toxic to cotton cells;
E) culturing said tissue of step (D) in the presence of a selection agent for which the resistance gene encodes for resistance so as to select for plant cells transformed with the T-DNA region;
F) inducing somatic embryo formation in the exposed tissue in culture; and
G) regenerating the somatic embryos into whole cotton plants.

Transformation of hypocotyl tissue of immature cotton plants with A. tumefaciens having a T-DNA with a chimeric gene and a resistance gene. Cotton plants are regenerated from somatic embryos induced from the transformed tissue. A protocol for the introduction of foreign T-DNA into cotton plants is also claimed.

Agracetus (now owned by Monsanto)

US 5159135

  • Earliest priority - 3 December 1986
  • Filed - 30 August 1990
  • Granted - 27 October 1992
  • First reexamination (B1) - 24 October 2000
  • Expected expiry -1 April 2008

Title - Genetic engineering of cotton plants and lines

Claim 1

Cotton seed capable of germination into a cotton plant comprising in its genome a chimeric recombinant gene construction including:

(i) a foreign gene, and
(ii) promoter and control sequences operable in cotton cells,

  • the chimeric gene construction being effective in the cells of the cotton plant to express a cellular product coded by the foreign gene;
  • the cellular product imbuing the plant with a detectable trait;
  • the cellular product selected from the group consisting of a foreign protein and a negative strand RNA.
Claim 5

A cotton plant comprising in the genome of at least some of its cells a foreign gene construction including promoter and control sequences effective in cotton cells,

  • said gene construction further including a heterologous coding sequence;
  • the foreign gene construction effective to cause expression of a detectable cellular product coded by the heterologous coding sequence in the plant cells;
  • the cellular product selected from the group consisting of a foreign protein and a negative strand RNA.
Claim 6

A cotton plant comprising in its genome at least two foreign gene constructions each including promoter and control sequences effective in cotton cells,

  • both gene constructions further including heterologous coding sequences;
  • both foreign gene constructions effective to cause the expression of a detectable cellular product coded by the heterologous coding sequence in the plant cells;
  • the cellular product of one of the foreign gene constructions selected from the group consisting of a foreign protein and a negative strand RNA;
  • the other foreign gene construction being a selectable marker gene which imbues the cotton cells with the trait of resistance to a selection agent.
Claim 7

A cotton plant comprising in its genome at least two foreign gene constructions each including promoter and control sequences effective in cotton cells,

  • both gene constructions further including heterologous coding sequences;
  • both foreign gene constructions effective to cause the expression of a detectable cellular product coded by the heterologous coding sequence in the plant cells;
  • the cellular product of one of the foreign gene constructions selected from the group consisting of a foreign protein and a negative strand RNA;
  • the other foreign gene construction being a selectable marker gene which imbues the cotton cells with the trait of resistance to a selection agent;
  • the foreign gene constructions having been transformed into the cotton plant or the progenitors of the cotton plant by Agrobacterium-mediated plant transformation.

Granted US 5159135 is a continuation of now granted US 5004863 (see above).

Transformation of cotton plants with two different foreign gene constructions via Agrobacterium. The first one contains either a foreign protein or a negative strand of RNA, and the second construction contains a resistance gene that acts as a selectable marker. Cotton plants containing both constructions are claimed.

EP 270355 B1

  • Earliest priority - 3 December 1986
  • Filed - 2 December 1987
  • Granted - 16 March 1994
  • Expected expiry - 1 December 2007

Title - Genetic engineering of cotton plants and lines

Claim 1

A method of introducing genes into cotton plants and plant lines comprising the steps of:

  • exposing hypocotyl tissue of immature cotton plants to a culture of transformation competent non-oncogenic Agrobacterium tumefaciens harboring a Ti plasmid having a T-DNA region including both

(i) a foreign chimeric gene, and
(ii) a selection agent resistance gene.

Claim 16

Cotton seeds capable of germination into cotton plants comprising in their genome:

  • a chimeric gene construction including:
    (i) a foreign gene, and
    (ii) promoter and control sequences operable in plant cells,
    the chimeric gene construction being effective in the cells of the cotton plant to express a cellular product coded by the foreign gene.

Designated contracting States at the time of grant are: Austria (patent lapsed as reported by INPADOC), Belgium (patent lapsed as reported by INPADOC), Switzerland (patent lapsed as reported by INPADOC), Germany, Spain, France, United Kingdom, Greece (patent lapsed as reported by INPADOC), Italy, Liechtenstein (patent lapsed as reported by INPADOC), Luxembourg, Netherlands, Sweden (patent lapsed as reported by EPO)

As in US 5,004,863, hypocotyl tissue of immature cotton plants is transformed with A. tumefaciens having a T-DNA containing a chimeric gene and a resistance gene. Cotton seeds that give rise to transformed cotton plants expressing the product of foreign gene are also claimed.

Remarks

  1. Related patent application filed in Brazil (BR 8706530; application lapsed as reported by INPADOC), China (CN 87107233; application deemed to be withdrawn as reported by CNPO), India (IN 168950), and Australia (AU 28100/89; application lapsed as reported by IP Australia).

Note: Patent information on this page was last updated on 15 March 2006.

Cotton - Patents granted to Calgene

Specific Patent Information

Patent Number

Title, Indpendent Claims and Summary of Claims

Assignee

US 5846797

  • Earliest priority - 4 October 1995
  • Filed - 4 October 1995
  • Granted - 8 December 1998
  • Expected expiry - 3 October 2015

Title - Cotton transformation

Claim 1

In a method for regenerating transformed cotton plants from explant tissue, the improvement whereby embryogenic callus is generated from a transformed cotton tissue explant which is cultivated on cotton callus initiation media which is not supplied with exogenous plant hormones, wherein said explant tissue is hypocotyl tissue cut from a seedling which has been grown in the dark.

Claim 8

A method for the transformation of cotton plants, said method comprising the steps of:

A) cutting cotton hypocotyl tissue to form an explant, wherein said hypocotyl tissue is cut from seedling which has been grown in the dark;
B) co-cultivating said cotton explant tissue with Agrobacterium comprising a DNA sequence of interest; and
C) culturing said co-cultivated explant on cotton callus initiation media comprising a selective agent and no exogenous plant hormones,
whereby transformed cells are induced to produce embryogenic callus on said hormone-free selective media.

Transformation of hypocotyl cotton tissue grown in the dark with Agrobacterium having a gene of interest. Embryogenic callus induced from the transformed tissue in a hormone-free medium regenerates into transformed cotton plants.


Calgene (now owned by Monsanto)

EP 910239 B1

  • Earliest priority - 4 October 1995
  • Filed - 4 October 1996
  • Granted - 5 December 2001
  • Expected expiry - 3 october 2016

Title - Transformation of cotton plants

Claim 1

A method of regenerating cotton plants from explant tissue comprising generating embryogenic callus from a cotton tissue explant cultivated on cotton initiation media not supplied with exogenous plant hormones.

Claim 12

A method for the transformation of cotton plants, said method comprising:

A) cutting cotton tissue to form an explant;
B) co-cultivating said cotton explant tissue with Agrobacterium comprising a DNA sequence of interst; and
C) culturing said co-cultivated explant on cotton initiation media comprising a selective agent and no exogenous plant hormones,
whereby transformed cells are induced to produce embryogenic callus on said hormone-free selective media.

Designated contracting States at the time of grant are: Austria (patent lapsed as reported by INPADOC), Belgium, Switzerland (patent lapsed as reported by INPADOC), Germany, Denmark (patent lapsed as reported by INPADOC), Spain, Finland, France, United Kingdom, Greece, Ireland, Italy, Liechtenstein, Luxembourg, Monaco, Netherlands (patent lapsed as reported by INPADOC), Portugal (patent lapsed as reported by INPADOC), Sweden (patent lapsed as reported by INPADOC)

Unlike the related United States patent, the cotton explant to be transformed with Agrobacterium is not defined. Any transformed cotton tissue is induced to produce embryogenic callus on a hormone-free medium.

AU 727910 B2

  • Earliest priority - 4 October 1995
  • Filed - 4 October 1996
  • Granted - 4 January 2001
  • Expected expiry - 3 October 2016

Title - Transformation of cotton plants

Claim 1

A method for regenerating transformed cotton plants from explant tissue, characterized by an improvement whereby embryogenic callus is generated from a transformed cotton tissue explant which is cultivated on cotton callus initiation media not supplied which is not supplied with exogenous plant hormones, wherein said explant tissue is hypocotyl tissue cut from a seedling which has been grown in the dark.

Claim 8

A method for regenerating cotton plants from explant tissue, the method being substantially as hereinbefore described with reference to any one of the examples.

Claim 9

A method for regenerating cotton plants from explant tissue, the method being substantially as hereinbefore described with reference to the 'New' Regime in Figure 1.

Claim 11

A method for the transformation of cotton plants, the method comprising the steps of:

A) cutting cotton hypocotyl tissue to form an explant, wherein said hypocotyl tissue cut from a seedling which has been grown in the dark;
B) co-cultivating said cotton explant tissue with Agrobacterium comprising a DNA sequence of interest; and
C) culturing said co-cultivated explant on cotton callus initiation media comprising a selective agent and no exogenous plant hormones,
whereby transformed cells are induced to produce embryogenic callus on said hormone-free selective media.

Claim 14

A method for the transformation of cotton plants, the method being substantially as hereinbefore described with reference to any one of the examples.

The claims of the Australian patent are substantially the same as the claims of the United States patent. In addition, the Australian patent refers to methods for regenerating cotton plants.

WO 1997/12512 A2

  • Earliest priority - 4 October 1995
  • Filed - 4 October 1996
  • OPI - 22 May 1997

Title - Transformation of cotton plants

Claim 1

In a method for regenerating cotton plants from explant tissue, the improvement whereby embryogenic callus is generated from a cotton tissue explant which is not cultivated on cotton initiation media supplied with exogenous plant hormones.

Claim 12

A method for the transformation of cotton plants, said method comprising the steps of

(a) cutting cotton tissue to form an explant,
(b) co-cultivating said cotton explant tissue with Agrobacterium comprising a DNA sequence of interest, and
(c) culturing said co-cultivated explant on cotton initiation media comprising a selective agent and no exogenous plant hormones, whereby transformed cells are induced to produce embryogenic callus on said hormone-free selective media.

Remarks

Related patent application filed in China (CN 1198655; application deemed to be withdrawn as reported by CNPO) and Turkey (TR 9800654; national phase entry of WO 1997/12512).


Note: Patent information on this page was last updated on 15 March 2006.

Cotton - Patent applications filed by Cotton Inc.

Specific Patent Information

Patent Number

Title, Indpendent Claims and Summary of Claims

Assignee

AU 747514 B2

  • Earliest priority - 19 February 1998
  • Filed - 18 February 1999
  • Granted - 16 May 2002
  • Expected expiry - 17 February 2019

Title - A method for the production of transgenic plants using apical shoot tips

Claim 1

A method for producing a transformed plant comprising,

1) isolating apical shoot tips from three day old seedlings;

2) chilling the isolated apical shoot tips for a sufficient period of time to slow the metabolic activity of cells and to accumulate the cells at a single stage of cell division or mitosis;

3) dissecting the apical shoot tips to expose meristematic cells;

4) introducing a transforming agent into the dissected apical shoot tips, wherein said transforming agent is a DNA molecule comprising a gene conferring a desired phenotypic trait to the plant; and

5) regenerating a transgenic plant from shoots which form on the meristematic cells.

Claim 19

A method for producing a transformed cotton plant comprising,

1) isolating apical shoot tips from three-day-old seedlings;
2) chilling the isolated apical shoot tips for a sufficient period of time to slow the metabolic activity of cells and to accumulate the cells at a single stage of cell division or mitosis;
3) dissecting the apical shoot tips to expose meristematic cells;
4) introducing a transforming agent into the dissected apical shoot tips, wherein said transforming agent is a DNA molecule comprising a gene conferring a desired phenotypic trait to the plant; and
5) regenerating a transgenic plant from shoots which form on the meristematic cells.

Claim 22

A transformed cotton plant produced by:

a) isolating aan apical shoot tip from a three day old cotton seedling;
b) chilling the isolated apical shoot tip for a sufficient period of time to slow the metabolic activity of cells and to accumulate the cells at a single stage of cell division or mitosis;
c) dissecting the apical shoot tip to expose meristematic cells;
d) exposing the dissected meristematic cells to a recombinant Agrobacterium comprising a gene conferring a desired phenotypic trait to a plant; and
e) regenerating a transgenic cotton plant from the shoot which form from the meristematic cells.

Claim 25

A method for producing a transformed cotton plant as is herein described in the detailed description.

Cotton Inc.

EP 1056334 B1

  • Earliest priority - 19 February 1998
  • Filed - 18 February 1999
  • Granted - 8 September 2004
  • Expected expiry - 17 February 2019

Title - A method for the production of transgenic plants using apical shoot tips

Claim 1

A method for producing a transformed plant comprising,

a) isolating apical shoot tips from three-day-old-seedlings;
b) chilling the isolated apical shoot tips for a sufficient period of time to slow the metabolic activity of cells and to accumulate the cells at a single stage of cell division or mitosis;
c) dissecting the apical shoot tips to expose meristematic cells;
d) introducing a transforming agent into the dissected apical shoot tips, wherein said transforming agent is a DNA molecule comprising a gene conferring a desired phenotypic trait to the plant; and
e) regenerating a transgenic plant from shoots which form on the meristematic cells.

Claim 7

A method for producing a transformed cotton plant comprising,

a) isolating apical shoot tips from three-day-old seedlings;
b) chilling the isolated apical shoot tips for a sufficient period of time to slow the metabolic activity of cells and to accumulate the cells at a single stage of cell division or mitosis;
c) dissecting the apical shoot tips to expose meristematic cells;
d) introducing a transforming agent into the dissected apical shoot tips, wherein said transforming agent is a DNA molecule comprising a gene conferring a desired phenotypic trait to the plant; and
e) regenerating a transgenic plant from shoots which form on the meristematic cells.

Designated contracting States at the time of grant are: Austria (patent lapsed as reported by INPADOC), Belgium, Switzerland (patent lapsed as reported by INPADOC), Cyprus, Germany (patent lapsed as reported by INPADOC), Denmark (patent lapsed as reported by INPADOC), Spain (patent lapsed as reported by EPO), Finland (patent lapsed as reported by EPO), France, United Kingdom, Greece (patent lapsed as reported by EPO), Ireland (patent lapsed as reported by INPADOC), Italy, Liechtenstein (patent lapsed as reported by EPO), Luxembourg, Monaco (patent lapsed as reported by EPO), Netherlands (patent lapsed as reported by INPADOC), Portugal, Sweden (patent lapsed as reported by INPADOC)

Granted EP 1056334 recites a method of producing a transformed cotton plant, the "transforming agent" of which is not limited to Agrobacterium.

WO 1999/041975 A1

  • Earliest priority - 19 February 1998
  • Filed - 18 February 1999
  • OPI - 26 August 1999

Title - A method for the production of transgenic plants using apical shoot tips

Claim 1

A method for producing a transformed plant comprising,

1) isolating apical shoot tips from three day old seedlings;
2) chilling the isolated apical shoot tips;
3) dissecting the apical shoot tips to expose meristematic cells;
4) introducing a transforming agent into the dissected apical shoot tips; and
5) regenerating a plant from shoots which form on the meristematic cells.

Claim 23

A method for producing a transformed cotton plant comprising,

1) isolating apical shoot tips from three day old seedlings;
2) chilling the isolated apical shoot tips;
3) dissecting the apical shoot tips to expose meristematic cells;
4) introducing a transforming agent into the dissected apical shoot tips; and
5) regenerating a plant from shoots which form on the meristematic cells.

Claim 27

A transformed cotton plant produced by:

a) isolating an apical shoot tip from a three day old cotton seedling;
b) chilling the isolated apical shoot tip;
c) dissecting the apical shoot tip to expose meristematic cells;
d) exposing the dissected meristematic cells to a recombinant Agrobacterium comprising a gene conferring a desired phenotypic trait to a plant; and
e) regenerating a transgenic cotton plant from the shoots which form from the meristematic cells.

Remarks
  1. National phase entries of WO 1999/041975 in Canada (CA 2321044) and Japan (JP 2002/503487) are pending.
  2. Other national phase entry of WO 1999/041975 includes Israel (IL 137410).

Note: Patent information on this page was last updated on 15 March 2006.

Cotton - Patents owned and patent applications filed by The Institute of Molecular Agrobiology (now owned by Temasek Life Sciences Laboratory Ltd)

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

AU 782198 B2

  • Earliest priority - 11 June 1999
  • Filed - 11 June 1999
  • Granted - 7 July 2005
  • Expected expiry - 10 June 2019

Title - High-efficiency Agrobacterium-mediated transformation of cotton using petiole explants

Claim 1

A method for producing a transgenic cotton plant comprising the steps of:

(a) obtaining cotton petiole  explants,
(b) exposing the petiole explants to a culture of Agrobacterium tumefaciens that harbors a vector comprising an exogenous gene and a selectable marker, the Agrobacterium being capable of effecting the stable transfer of the exogenous gene and selection agent resistance gene to the genome of the cells of the petiole explant,
(c) culturing the petiole explants in medium containing plant hormones to induce callus formation,
(d) selecting transformed callus that expresses the exogenous gene,
(e) culturing the selected callus in suspension culture to induce formation of embryoids,
(f) regenerating the embryoids into whole transgenic cotton plants.

Granted AU 782198 recites an A. tumefaciens-mediated transformation method to produce transgenic cotton plants using the petiole explant.  Induction of callus formation requires "plant hormones", the definition of which is unclear in the description. Dependent claim 17 recites use of 2,4-dichlorophenoxacetic acid (2,4-D) and kinetin as these plant hormones.

Institute of Molecular Agrobiology (now owned by Temasek Life Sciences Laboratory Ltd)

WO 2000/77230 A1

  • Earliest priority - 11 June 1999
  • Filed - 11 June 1999
  • OPI - 21 December 2000

Title - High-efficiency Agrobacterium-mediated transformation of cotton using petiole explants

Claim 1

A method for producing a transgenic cotton plant comprising the steps of:

(a) obtaining cotton petiole explants,
(b) exposing the petiole explants to a culture of Agrobacterium tumefaciens that harbors a vector comprising an exogenous gene and a selectable marker, the Agrobacterium being capable of effecting the stable transfer of the exogenous gene and selection agent resistance gene to the genome of the cells of the petiole explant,
(c) culturing the petiole explants to induce callus formation,
(d) selecting transformed callus that expresses the exogenous gene,
(e) culturing the selected callus in suspension culture to induce formation of embryoids,
(f) regenerating the embryoids into whole transgenic cotton plants.

Method for producing a transgenic cotton plant by exposing petiole explants to A. tumefaciens carrying a vector having a gene of interest. This is followed by induction of callus and embryoid formation and regeneration of a whole plant.

AU 777365 B2

  • Earliest priority - 10 March 1999
  • Filed - 10 March 1999
  • Granted - 14 October 2004
  • Expected expiry  - 9 March 2019

Title - Agrobacterium-mediated transformation of cotton with novel explants

Claim 1

A method for producing a transgenic cotton plant comprising the steps of:

(a) obtaining cotton fibrous root explants,
(b) culturing the fibrous root explants to induce callus formation,
(c) exposing root callus to a culture of Agrobacterium tumefaciens that harbors a vector comprising an exogenous gene and a selectable marker, the Agrobacterium being capable of effecting the stable transfer of the exogenous gene and selection agent resistance gene to the genome of the cells of the callus,
(d) culturing the callus in the presence of the selection agent to which the selection agent resistance gene confers resistance so as to select for transformed cells,
(e) inducing somatic embryo formation in the selected callus culture, and
(f) regenerating the induced somatic embryos into whole transgenic cotton plants,
wherein the cotton fibrous root explants in step (a) are obtained by growing cotton seedlings in the presence of multi-effect triazole.

Granted AU 777365 recites an A. tumefaciens-mediated transformation method for producing a transgenic cotton plant, where "multi-effect triazole" must be added in the growth medium of the cotton seedlings to obtain fibrous root explants.

WO 2000/53783 A1

  • Earliest priority - 10 March 1999
  • Filed - 10 March 1999
  • OPI - 14 September 2000

Title - Agrobacterium-mediated transformation of cotton with novel explants

Claim 1

A method for producing a transgenic cotton plant comprising the steps of:

(a) obtaining cotton fibrous root explants,
(b) culturing the fibrous root explants to induce callus formation,
(c) exposing root callus to a culture of Agrobacterium tumefaciens that harbors a vector comprising an exogenous gene and a selectable marker, the Agrobacterium being capable of effecting the stable transfer of the exogenous gene and selection agent resistance gene to the genome of the cells of the callus,
(d) culturing the callus in the presence of the selection agent to which the selection agent resistance gene confers resistance so as to select for transformed cells,
(e) inducing somatic embryo formation in the selected callus culture, and
(f) regenerating the induced somatic embryos into whole transgenic cotton plants.

Remarks
  1. National phase entries of WO 2000/77230 in China (CN1352692 A), Europe (EP1194579 A1) and Japan (JP2003502050T) are pending.
  2. Other national phase entries of WO 2000/77230 include Brazil (BR9917361 A) and Mexico (MXPA01012750 A).
  3. National phase entry of WO 2000/53783 in China (CN1240841) has been granted on 8 February 2006.
  4. National phase entry of WO 2000/53783 in Europe (EP1159436 A1) is pending.

Note: Patent information on this page was last updated on 15 March 2006.

Cotton - Patent application filed by Aventis CropScience (now Bayer BioScience NV)

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

AU 772686 B2

  • Earliest priority - 19 May 1999
  • Filed - 18 May 2000
  • Granted - 6 May 2004
  • Expected expiry - 17 May 2020

Title - Improved method for Agrobacterium-mediated transformation of cotton

Claim 1

A method for producing a transgenic cotton plant, comprising the step of

  • incubating Agrobacterium cells comprising a DNA fragment of interest operably linked to at least one T-DNA border with a plant phenolic compound capable of inducing increased vir gene expression in said Agrobacterium cells prior to or during the cocultivation of solid cotton embryogenic callus cultivated on solid media with said Agrobacterium cells.
Claim 2

A method for producing a transgenic cotton plant, said method comprising:

a) cocultivating cotton embryogenic callus with Agrobacterium cells, said Agrobacterium cells comprising a DNA fragment of interest operably linked to at least one T-DNA border, in the presence of a plant phenolic compound capable of inducing increased vir gene expression in said Agrobacterium cells for a time sufficient to generate embryogenic callus comprising a transformed cotton cell; and
b) regenerating a transgenic cotton plant from said transformed cell.

Claim 10

A method for producing a transgenic cotton plant by Agrobacterium-mediated transformation, characterised in that

  • Agrobacterium cells comprising a DNA fragment of interest operably linked to at least one T-DNA border are co-cultivated with solid cotton embryogenic callus cultivated on solid media in the presence of a plant phenolic compound capable of inducing vir gene expression in said Agrobacterium cells.
Claim 11

Use of a plant phenolic compound capable of inducing increased vir gene expression in said Agrobacterium cells for Agrobacterium-mediated transformation of solid cotton embryogenic callus cultivated on solid media.

Granted AU 772686 recites an Agrobacterium-mediated method of producing a transgenic cotton plant, where "solid embryogenic callus" is cultured with a "plant phenolic compund" before or during Agrobacterium infection. According to the specification, "plant phenolic compounds ... suitable for the invention are those substituted phenolic molecules which are capable to induce a positive chemotactic response, particularly those who are capable to induce increased vir gene expression in a Ti-plasmid containing Agrobacterium sp., particularly a Ti-plasmid containing Agrobacterium tumefaciens."

Aventis CropScience (now Bayer BioScience NV)

US 6483013

  • Earliest priority - 19 May 1999
  • Filed - 19 May 2000
  • Granted - 19 November 2002
  • Expected expiry - 19 May 2020

Title - Method for Agrobacterium mediated transformation of cotton

Claim 1

A method for producing a transgenic cotton plant comprising the steps of:

(A) incubating Agrobacterium cells comprising a DNA fragment of interest operably linked to at least one T-DNA border, with a plant phenolic compound capable of inducing increased vir gene expression in said Agrobacterium cells;
(B) co-cultivating solid cotton embryogenic callus cultivated on solid media with said Agrobacterium cells to generate embryogenic callus comprising a transformed cotton cell; and
(C) regenerating a transgenic cotton plant from said transformed cell; wherein said incubating step occurs prior to or during said co-cultivation step.

Claim 2

A method for producing a transgenic cotton plant comprising the steps of:

(A) co-cultivating solid cotton embryogenic callus cultivated on solid media with Agrobacterium cells, said Agrobacterium cells comprising a DNA fragment of interest operably linked to at least one T-DNA border, in the presence of a plant phenolic compound capable of inducing increased vir gene expression in said Agrobacterium cells, for a time sufficient to generate embryogenic callus comprising a transformed cotton cell; and
(B) regenerating a transgenic cotton plant from said transformed cell.

Claim 10

A process for producing a transgenic cotton plant comprising:

(A) co-cultivating solid cotton embryogenic callus cultivated on solid media, wherein said cotton embryogenic callus has not been generated from a cotton explant comprising transformed cells, with Agrobacterium cells in the presence of a plant phenolic compound capable of inducing increased vir gene expression in said Agrobacterium cells; said Agrobacterium cells comprising a DNA fragment of interest operably linked to at least one T-DNA border; wherein said Agrobacterium cells are cocultivated with said cotton embryogenic callus for a time sufficient to generate embryogenic callus comprising a transformed cotton cell; and
(B) regenerating a transgenic cotton plant from said transformed cell.

WO 2000/71733 A1

  • Earliest priority - 19 May 1999
  • Filed - 18 May 2000
  • OPI - 30 November 2000

Title - Improved method for Agrobacterium-mediated transformation of cotton

Claim 1

A method for producing a transgenic cotton plant, comprising the step of:

  • incubating Agrobacterium cells comprising a DNA fragment of interest operably linked to at least one T-DNA border with a plant phenolic compound prior to or during the cocultivation of cotton embryogenic callus with said Agrobacterium cells.
Claim 2

A method for producing a transgenic cotton plant, said method comprising:

  • cocultivating cotton embryogenic callus with Agrobacterium cells, said Agrobacterium cells comprising a DNA fragment of interest operably linked to at least one T-DNA border, in the presence of a plant phenolic compound, for a time sufficient to generate embryogenic callus comprising a transformed cotton cell; and
  • regenerating a transgenic cotton plant from said transformed cell.
Claim 10

A method for producing a transgenic cotton plant by Agrobacterium-mediated transformation comprising

  • co-cultivating Agrobacterium cells comprising a DNA fragment of interest operably linked to at least one T-DNA border with cotton embryogenic callus, characterized in that said cocultivating occurs in the presence of a plant phenolic compound.
Claim 11

Use of a plant phenolic compound for Agrobacterium-mediated transformation of cotton embryogenic callus.

Claim 13

A method for producing a transgenic cotton plant by Agrobacterium-mediated transformation characterized in that Agrobacterium cells comprising a DNA fragment of interest operably linked to at least one T-DNA border are cocultivated with cotton embryogenic callus in the presence of a plant phenolic compound.

Methods for transformation of cotton embryogenic callus with Agrobacterium by incubating Agrobacterium cells with a plant phenolic compound. The incubation with the phenolic compound can be prior or during co-cultivation of the bacterium cells with the cotton tissue.

Remarks
  1. National phase entry of WO 2000/71733 in China (CN1234869C C) has been granted on 4 January 2006.
  2. National phase entry of WO 2000/71733 in Europe (EP 1183377 A1) is pending.
  3. Other national phase entries of WO 2000/71733 include Brazil (BR 0010749 A), Mexico (MXPA01011871 A), Turkey (TR200103311T T2), and South Africa (ZA 200109521 A).

Note: Patent information on this page was last updated on 16 March 2006.

Eucalyptus

Eucalyptus

eucalyptus_phoeniceaBecause of the long generation time of woody species and the presence of lignified tissues, a main problem in transformation of these species is the rapid generation of tissues amenable to DNA introduction by various methods. This is reflected in the methods described in the patents and applications described below.

Summary

Patent applications on Agrobacterium-mediate transformation of Eucalyptus have been filed mainly by four private companies:

Notice that the claims in pending applications may vary in scope if granted.

Eucalyptus - Patent granted to Shell Internationale Research Maatschappij B.V.

This page provides specific information on patents that were granted:  Shell, Oji Paper, Genesis/Fletcher (several pending applications recently published will be shown on a new page).  Note that the patents of Shell and Genesis/Fletcher shown below are no longer in force.   This means that the technology described in them is now in the public domain.

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

AU 706650 B2

  • Earliest priority - 17 February 1995
  • Filed - 16 February 1996
  • Granted - 17 June 1999
  • Patent ceased - 20 September 2001

Title - Genetic modification of plants

Claim 1

A process for producing genetically modified Eucalyptus plant material comprising one or more stably incorporated DNA sequences of interest, which process comprises

(a) subjecting Eucalyptus cells or tissue to Agrobacterium mediated transfer of the DNA sequence(s) of interest, inducing shoot formation in transformed cells or tissue, and
(b) selecting transformed material, the induction of shoot formation being carried out in the presence of N-(2-chloro-4-pyridyl)-N'-phenylurea or another phenylurea.

Process for the production of genetically modified Eucalyptus with stable DNA incorporated in its genome by transforming Eucalyptus tissue or cells with Agrobacterium having gene(s) of interest. The induction of shoot formation must have been carried out in presence of phenylurea for the process to be covered by this claim.  

Shell International Research Maatschappij

WO 1996/25504 A1

  • Earliest priority - 17 February 1995
  • Filed - 16 February 1996
  • OPI - 22 August 1996

Title - Genetic modification of plants

Claims identical to the granted Australian patent AU 706650 B2
Remarks:

  1. National phase entries of WO 1996/25504 in Europe (EP 808372) deemed to be withdrawn on 14 February 2001.
  2. National phase entry of WO 1996/25504 in New Zealand (NZ 303170) was granted on 16 February 1996 and lapsed on 16 September 2003 as reported by IPONZ.
  3. Parent application of WO 1996/25504 in the United Kingdom (GB 2298205 A1) deemed to be withdrawn as reported by INPADOC on 11 June 1997.
  4. Other national phase entries of WO 1996/25504 include Brazil (BR 9607723; application refused as reported by INPADOC on 18 November 2003), Israel (IL 117023), African Intellectual Property Organization (OA 10503), South Africa (ZA 9601200).

AU 772053 B2

  • Earliest priority - 7 May 1999
  • Filed - 2 May 2000
  • Granted - 8 April 2004
  • Expected expiry - 2 May 2020

Title - Process for transformation of mature trees of Eucalyptus plants

Claim 1

A process for production of transgenic Eucalyptus plants from a mature tree of Eucalyptus plant, comprising the steps of:
(1) preparing a shoot tip explant from a mature tree of Eucalyptus plant;
(2) inducing the shoot tip explant to form adventitious shoots;
(3) pre-culturing the adventitious shoots to prepare infection in an infection induction medium;
(4) infecting segments of explant cut out from the pre-cultured adventitious shoots, with Agrobacterium tumefaciens in an infection medium;
(5) rotary-culturing the segments of the explant from the step (4) in a medium for sterilization containing antibiotics so as to sterilize the Agrobacterium tumefaciens attached to the segments of the explant, to form calli and to select transformed calli;
(6) forming shoot primordia from the transformed calli;
(7) regenerating transgenic plants from the transformed shoot primordia.

Granted AU 772053 recites a process to produce transgenic Eucalyptus plants using A. tumefaciens to transform "adventitious shoots" induced to form from "shoot tips" of a "mature" Eucalyptus tree. Note that all the steps above must be used in order for the claim to cover the process;  additional steps may be added and the claim would still cover the process if all the steps above are used.

Oji Paper Co.

US 6563024

  • Earliest priority - 7 May 1999
  • Filed - 5 May 2000
  • Granted - 13 May 2003
  • Expected expiry - 5 May 2020

Title - Process for transformation of mature trees of Eucalyptus plants

Independent claim 1 of granted US 6563024 recites the same process of producing transgenic Eucalyptus plants as that of AU 772053.

EP 1050209 A2

  • Earliest priority - 7 May 1999
  • Filed - 4 May 2000
  • Application pending

Title - Process for transformation of mature trees of Eucalyptus plants

Independent claim 1 of  this patent application recites the same process of producing transgenic Eucalyptus plants as that of AU 772053.  Note that any granted claims may be different in scope.

Remarks

Parent application in Japan (JP 2000/316403) is pending.

US 6255559

  • Earliest priority - 15 September 1998
  • Filed - 15 September 1998
  • Granted - 3 July 2001
  • Patent expired - 3 August 2005

Title - Methods for producing genetically modified plants, genetically modified plants, plant materials and plant products produced thereby

Claim 1

A method for producing genetically modified plant material comprising:

(1) preparing an in vitro shoot culture of a target plant, the target plant being of the Eucalyptus or Pinus species;
(2) maintaining and growing the shoot culture until it has produced multiple modes and stem segments;
(3) selecting and excising the stem segments from one or more nodes of a shoot;
(4) transforming a stem segment by stably incorporating a genetic contruct comprising a selection marker and a polynucleotide of interest into the stem segment to form a putatively transformed stem segment;
(5) exposing a putatively transformed stem segment to a selection medium comprising a selection agent that permits survival of transformed stem segments and is lethal to stem bud on the that were not successfully transformed;
(6) selectively inducing the formation of an adventitious bud on the putatively transformed stem segment to form a putatively transformed adventitious bud;
(7) selectively regenerating the putatively transformed adventitious bud by excising the putatively transformed adventitious bud and exposing the putatively transformed adventitious bud to a selection medium comprising a selection agent that permits survival of transformed adventitious buds and is lethal to adventitious buds that were not successfully transformed to identify a transformed adventitious bud; and
(8) elongating the transformed adventitious bud to form a transformed shoot.

This patent expired due to non-payment of maintenance fees according to USPTO.

Granted US 6255559 recites a method for transformation of Eucalyptus or Pinus species based on introducing a desired gene into an in vitro shoot culture and using excised stems with multiple nodes grown from that culture as targets for transformation. Transgenic adventitious buds are induced in a medium containing a selection agent and regenerated into plants. The mode of transformation is not limited to that using A. tumefaciens.

Genesis Research & Development Corp.; Fletcher Challenge Forest Ltd

US 2002/016981 A1

  • Earliest priority - 15 September 1998
  • Filed - 20 March 2001
  • Application abandoned - 6 October 2003

Title - Methods for producing genetically modified plants, genetically modified plants, plant materials and plant products produced thereby

Claim 1

A method for producing genetically modified plant material of the Eucalyptus or Pinus species, comprising:

(1) culturing nodal stem segments of a target plant selected from the Eucalyptus and Pinus species;
(2) transforming the stem segments with a genetic construct by incubating the nodal stem segments with an Agrobacterium culture transformed with the genetic construct;
(3) promoting regeneration of adventitious shoot buds from the transformed stem segments;
(4) selecting transformed adventitious shoot buds; and
(5) regenerating transformed plant material from the transformed adventitious shoot buds.

Patent application US 2002/016981 has been abandoned due to failure to respond to an office action, according to the USPTO.

Remarks

Related PCT application WO 2000/15813 recites a method to produce genetically modified plant material that is not limited to Eucalyptus species, nor via Agrobacterium-mediated transformation.

Note: Patent information on this page was last updated on 17 March 2006.

Guar (Cyamopsis tetragonolobus, Fabaceae)

(Update July 2003)

Guar, also called "cluster bean", and formerly referred to as Cyamopsis psoralioides, is a native plant of India where it is grown principally for its green fodder and for the pods that are used for food and feed. As a legume it is capable of fixing nitrogen through symbiotic rhizobia. Its seed gum (galactomannan gum) has a wide variety of food and other commercial uses.

Patents owned and applications filed by Danisco A/S (DK)

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 6307127

  • Earliest priority - 10 June 1994
  • Filed - 4 April 1997
  • Granted - 23 October 2001
  • Expired - 23 November 2005

Title - Transformation of guar

Claim 1

A method for producing a genetically modified plant or part thereof of the genus Cyamopsis, comprising the steps of

(1) introducing a recombinant DNA sequence into at least one cell or protoplast by means of a β-lactamase producing Agrobacterium and
(2) generating genetically modified explants using at least one selection or shoot growth medium comprising
     (a) at least one β-lactamase inhibitor and
     (b) at least one auxin inhibitor or ethylene inhibitor, so as to obtain a genetically modified plant or part thereof containing in its genome
         at least one recombinant DNA sequence.

Claim 22

A method for producing a genetically modified plant or part thereof of the genus Cyamopsis, comprising the steps of

(1) introducing a recombinant DNA sequence into at least one cell or protoplast by means of a β-lactamase producing Agrobacterium and
(2) generating genetically modified explants using at least one selection or shoot growth medium comprising a nickel salt, so as to obtain a genetically modified plant or part thereof containing in its genome at least one recombinant DNA sequence.

Claim 28

A method for producing a genetically modified plant or part thereof of the genus Cyamopsis, comprising the steps of

(1) introducing a recombinant DNA sequence into at least one cell or protoplast by means of a β-lactamase producing Agrobacterium and
(2) generating genetically modified explants using at least one selection or shoot growth medium comprising at least one β-lactamase inhibitor.

US 6307127 has expired due to non-payment of maintenance fees as reported by the USPTO.

This granted patent discloses a method to transform the leguminous plant guar using Agrobacterium .

  • An auxin or ethylene inhibitor is added during selection to inhibit callus formation and induce shoot formation.
  • A beta-lactamase inhibitor is added to inhibit the formation of auxin-like substances produced by degradation of carbenicillin added to kill the bacteria after co-cultivation. This is an additional means of preventing callus proliferation.

Danisco A/S

US 2001/034887 A1

  • Earliest priority - 10 June 1994
  • Filed - 22 May 2001
  • Application abandoned - 1 June 2003

Title - Transformation of guar

Claim 1

A genetically modified plant of the genus Cyamopsis or part thereof, said plant or plant part comprising in its genome at least one recombinant DNA sequence.

Claim 4

A method for producing a genetically modified plant of the genus Cyamopsis or part thereof, comprising the steps of

(i) introducing a recombinant DNA sequence carrying a selectable marker into at least one cell or protoplast derived from said genus to obtain a transformed cell or protoplast, and
(ii) generating from said transformed cell or protoplast genetically modified explants using at least one selection medium and/or at least one shoot growth medium comprising at least one beta-lactamase inhibitor so as to obtain a genetically modified plant or part thereof containing in its genome at least one recombinant DNA sequence.

Claim 25

A method for producing a genetically modified plant of the genus Cyamopsis or part thereof, comprising the steps of

(i) introducing a recombinant DNA sequence carrying a selectable marker into at least one cell or protoplast derived from said genus to obtain a transformed cell or protoplast, and
(ii) generating from said transformed cell or protoplast genetically modified explants using at least one selection medium and/or at least one shoot growth medium comprising a nickel salt, so as to obtain a genetically modified plant or part thereof containing in its genome at least one recombinant DNA sequence.

Claim 29

A method for producing a genetically modified plant or part thereof of a plant species, comprising the steps of
(i) introducing a recombinant DNA sequence carrying a selectable marker into at least one cell or protoplast derived from said genus to obtain a transformed cell or protoplast, and
(ii) generating from said transformed cell or protoplast genetically modified explants using at least one selection medium an/or at least one shoot growth medium comprising at least one penicillin-like antibiotic and at least one beta-lactamase inhibitor so as to obtain a genetically modified plant or part thereof containing in its genome at least one recombinant DNA sequence.

US 2001/034887 is a continuation of now granted US 6307127.

This application recites a method of producing a genetically modified plant of the genus Cyamopsis that is not limited to Agrobacterium-mediated trasnformation.

AU 690999 B2

  • Earliest priority - 10 June 1994
  • Filed - 6 June 1995
  • Granted - 7 May 1998
  • Expected expiry - 6 June 2015

Title - Transformation of guar

WO 1995/34667 A2

  • Earliest priority - 10 June 1994
  • Filed - 6 June 1995
  • OPI - 21 December 1995

Title - Transformation of guar

Claim 1

A genetically modified plant or part thereof of the genus Cyamopsis, said plant or plant part comprising in its genome at least one recombinant DNA sequence.

Claim 4

A method for producing a genetically modified plant or part thereof of the genus Cyamopsis, comprising the steps of

  • introducing a recombinant DNA sequence into at least one cell or protoplast and
  • generating genetically modified explants using at least one selection or shoot growth medium comprising at least one compound selected from an auxin inhibitor, a beta-lactamase inhibitor and an ethylene inhibitor, so as to obtain a genetically modified plant or part thereof containing in its genome at least one recombinant DNA sequence.
Claim 23

A method for producing a genetically modified plant in which at least one medium used for selection or growth of cells, protoplasts, callus or plant parts comprises at least one substance that inhibits bacterial growth or that increases the effect of a bacterial growth inhibitor without having any substantial plant growth regulating or plant toxic effect.

Claim 30

Chimeric plants capable of producing transgenic seeds and obtained by grafting a genetically modified shoot cultivated in vitro onto a non-in vitro cultivated plant.

Remarks

  1. National phase entry of WO 1995/34667 in Australia (AU 690999 B2) has been granted on 7 May 1998 and expired on 29 January 2004.
  2. National phase entry of WO 1995/34667 in Europe (EP 766743) is deemed to be withdrawn on 13 August 2003 as reported by INPADOC.
  3. National phase entry of WO 1995/34667 in Japan (JP H10/501139) is pending.
  4. National phase entry of WO 1995/34667 in New Zealand (NZ 287848) has been granted on 26 June 1998 and expired on 13 December 2005 as reported by IPONZ.
  5. National phase entry of WO 1995/34667 in Canada (CA 2192552) is deemed dead on 7 June 2004 as reported by CIPO.
  6. Other national phase entries of WO 1995/34667 include Brazil (BR 9507970; application refused as reported by INPADOC), Poland (PL 317578), and Russia (RU 2173345).

Note: Patent information on this page was last updated on 17 March 2006.

Impatiens

Summary

impatientsImpatiens is the genus of popular ornamental bedding plants. Ball Horticultural Co. has a granted United States patent related to a method for the production of transgenic Impatiens plants by transforming an Impatiens tissue with Agrobacterium having either a vector with a selectable marker gene and a foreign gene or two expression vectors where one of them has a selectable marker gene and the other one a foreign gene.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 6121511

  • Earliest priority - 12 September 1997
  • Filed - 11 September 1998
  • Granted - 19 September 2000
  • Expected expiry - 11 September 2018

Title - Production of transgenic Impatiens

Claim 1

A method for producing transgenic Impatiens plants, comprising the steps of:

(a) introducing an expression vector into a plant tissue explant via Agrobacterium to produce a transformed explant, wherein said expression vector comprises a selectable marker gene and a second foreign gene, or
(a') introducing two expression vectors into said plant tissue explant via Agrobacterium to produce a transformed explant, wherein one of said expression vectors comprises a selectable marker gene, and wherein the second of said expression vectors comprises a second foreign gene;
(b) culturing said transformed explant on a selection medium;
(c) culturing said transformed explant on regeneration medium; and
(d) recovering fertile transgenic plants from said transgenic explants capable of transmitting said foreign gene to progeny.

Claim 36

A fertile transgenic Impatiens plant having stably integrated in the plant genome a foreign gene, wherein said transgenic Impatiens plant is capable of transmitting said foreign gene to progeny.

Granted US 6121511 recites a method to produce transgenic Impatiens plants by introducing into an Impatiens tissue either one expression vector having a selectable marker and a second foreign gene or two expression vectors where one of them contains a selectable marker and the other one contains a second foreign gene. The introduction of one or two vectors into the tissue is via Agrobacterium. The transformed tissue is regenerated into fertile transgenic plants with the foreign gene stably integrated in the genome. The progeny of these plants also contain the foreign gene.

Ball Horticultural Company

US 6528703

  • Earliest priority - 11 September 1998
  • Filed - 18 May 2000
  • Granted - 4 March 2003
  • Expected expiry - 11 September 2018

Title - Production of transgenic Impatiens

Claim 1

A method for producing transgenic Impatiens plants, comprising the steps of:

(a) introducing an expression vector into an Impatiens plant tissue explant to produce a transformed explant, wherein said expression vector comprises a selectable marker gene and a second foreign gene and said plant tissue explant is selected from the group consisting of Impatiens shoot tips, Impatiens hypocotyl tips, and Impatiens node regions, or
(a) introducing two expression vectors into said plant tissue explant to produce a transformed explant, wherein one expression vector comprises a selectable marker gene, and wherein the other expression vector comprises a second foreign gene;
(b) culturing said transformed explant on a selection medium;
(c) culturing said transformed explant on a regeneration medium; and
(d) recovering fertile transgenic plants from said transgenic explants capable of transmitting said second foreign gene to progeny.

This granted patent is a divisional of now granted US 6121511 (see above).

Granted US 6528703 recites a method for producing transgenic Impatiens plants that is not limited to Agrobacterium-mediated transformation, and the Impatiens plant tissue explant that can be used is limited to shoot tips, hypocotyl tips and node regions.

Note: Patent information on this page was last updated on 17 March 2006.

Melon (Cucumis melo)

Summary

muskmelonThe patents granted to Biosem (assignments changed to Groupe Limagrain Holding) in the United States and in Europe claim

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 5422259

  • Earliest priority - 11 August 1989
  • Filed - 5 March 1993
  • Granted - 6 June 1995
  • Expected expiry - 6 June 2012

Title - Transgenic plants belonging to the species Cucumis melo

Claim 1

Process for the production of transgenic plantlets having diploid phenotype from genetically transformed explants, said plantlets belonging to the species Cucumis melo and containing at least one gene introduced by the intermediary of Agrobacterium tumefaciens , comprising the following steps: A) inducing genetically transformed shoot buds from cotyledons of Cucumis melo in a shoot bud induction medium without forming calli, wherein the cotyledons are obtained from embryos which have germinated from 0 to 4 days before being contacted with A. tumefaciens, wherein the induction medium comprises about 440 to about 2,200 mg/L of calcium chloride calculated as CaCl2R2H2 O, and about 0.3 to about 1.13 mg/L 6-benzyl aminopurine (BAP); and
B) forming genetically transformed plantlets from genetically transformed shoot buds, wherein the step of forming comprises: (i) culturing the genetically transformed shoot buds in a medium having 6-benzyl aminopurine (BAP) until the shoot buds have reached a height of at least 3 mm; and
(ii) transferring and incubating the shoot buds in a suitable macro-element plant cell culture medium sufficiently to form the genetically transformed plantlets.

Claim 2

Process for production of transgenic plantlets with a diploid phenotype, from genetically transformed explants, said plantlets belonging to the species Cucumis melo and containing at least one gene introduced by the intermediary of A. tumefaciens comprising the following steps: A) inducing genetically transformed shoot buds from cotyledons of Cucumis melo in a shoot bud induction medium without forming calli, wherein the cotyledons are obtained from embryos which have germinated from 0 to 4 days before being contacted with A. tumefaciens, and wherein the induction medium comprises about 440 to about 2,200 mg/L of calcium chloride calculated as CaCl2R2H2 O, about 0.3 to about 1.13 mg/L of 6-benzyl aminopurine (BAP), and about 0 to about 1.3 mg/L indole-3-acetic acid (IAA); and
B) forming genetically transformed plantlets from the genetically transformed shoot buds, wherein the step of forming comprises: (i) culturing the shoot buds in a medium having 6-benzyl aminopurine (BAP) until the shoot buds have reached a height of at least 3 mm; and
(ii) transferring and incubating the shoot buds in a suitable macro-elements plant cell culture medium comprising:

  • KH2PO4 from about 50 to about 100 mg/L;
  • MgSO4from about 75 to about 300 mg/L;
  • CaCl2R2H2O from about 500 to about 2500 mg/L;
  • KNO3 from about 750 to about 1200 mg/L; and
  • NH4NO3 from about 150 to about 200 mg/L sufficiently to form the genetically transformed plantlets.

Process for the production of transgenic diploid melon plantlets by transforming cotyledons of C. melo having a gene of interest introduced via A. tumefaciens. The process includes media components and protocols for inducing formation of transformed shoot buds and formation of plantlets.

Biosem (now owned by Groupe Limagrain Holding)

US 5789656

  • Earliest priority - 11 August 1989
  • Filed - 2 March 1995
  • Granted - 4 August 1998
  • Expected expiry - 6 June 2012

Title - Transgenic plants belonging to the species Cucumis melo

Claim 1

Transgenic plants having a diploid phenotype belonging to the species Cucumis melo comprising at least one DNA sequence introduced by the intermediary of Agrobacterium tumefaciens.

Claim 2

Transgenic plant tissue having a diploid phenotype belonging to the species Cucumis melo comprising at least one DNA sequence that confers resistance to cucumber mosaic virus.

Claim 9

Transgenic plants having a diploid phenotype and belonging to the species Cucumis melo comprising at least one DNA sequence that confers resistance to Cucumber mosaic virus.

Claim 15

Transgenic plants having diploid phenotype, belonging to the species Cucumis melo, and containing at least one gene introduced by the intermediary of Agrobacterium tumefaciens, wherein the plant tissue is produced from genetically transformed explants by a process comprising the following step: A) inducing genetically transformed shoot buds from cotyledons of Cucumis melo in a shoot bud induction medium without forming calli, wherein the cotyledons are obtained from embryos which have germinated from 0 to 4 days before being contacted with A. tumefaciens, wherein the induction medium comprises about 440 to about 2,200 mg/L of calcium chloride calculated as CaCl2R2H2 O, and about 0.3 to about 1.3 mg/L 6-benzyl aminopurine (BAP); and
B) forming genetically transformed plantlets from genetically transformed shoot buds, wherein the step of forming comprises: (i) culturing the genetically transformed shoot buds in a medium having 6-benzyl aminopurine (BAP) until the shoot buds have reached a height of at least 3 mm; and
(ii) transferring and incubating the shoot buds in a suitable macro-element plant cell culture medium sufficiently to form the genetically transformed plantlets.

Granted US 5789656 is a divisional of now granted US 5422259.

Process for the production of transgenic diploid melon plantlets by transforming cotyledons of C. melo having a gene of interest introduced via A. tumefaciens. Transgenic diploid melon having the gene of interest, i.e. gene for cucumber mosaic virus, are also claimed.

US 6198022

  • Earliest priority - 11 August 1989
  • Filed - 3 August 1998
  • Granted - 6 March 2001
  • Expected expiry - 6 June 2012

Title - Transgenic plants belonging to the species Cucumis melo

Claim 1

A process for the production of transgenic plants resistant to cucumber mosaic virus, said plants belonging to the species Cucumis melo, said process comprising the following steps:

i) introduction, via Agrobacterium tumefaciens, of a gene coding for the capsid protein of the cucumber mosaic virus, into explants of plants belonging to the species Cucumis melo, said explants being cotyledons of embryos isolated from seeds, the said cotyledons having germinated for 0 to 4 days;
ii) induction of genetically transformed shoot buds from transformed explants obtained in step (i);
iii) development of transgenic plantlets from genetically transformed shoot buds obtained in step (ii);
iv) development of transgenic plants from the transgenic plantlets obtained in step (iii).

Claim 5

An isolated nucleotide sequence coding for the capsid protein of the cucumber mosaic virus, comprising the coding region of the following sequence (SEQ ID:1):

gttattgtct actgactata tagagagtgt ttgtgctgtg ttttctcttt tgtgtcgtag
 60
aattgagtcg agtc atg gac aaa tct gaa tca acc agt gct ggt cgt aac
 110
                Met Asp Lys Ser Glu Ser Thr Ser Ala Gly Arg Asn
                  1               5                  10
cgt cga cgt cgt ccg cgt cgt ggt tcc cgc tcc gcc ccc tcc tcc gcg
 158
Arg Arg Arg Arg Pro Arg Arg Gly Ser Arg Ser Ala Pro Ser Ser Ala
         15                  20                  25
gat gct aac ttt aga gtc ttg tcg cag cag ctt tcg cga ctt aat aag
 206
Asp Ala Asn Phe Arg Val Leu Ser Gln Gln Leu Ser Arg Leu Asn Lys
    30                  35                  40
acg tta gca gct ggt cgt cca act att aac cac cca acc ttt gta ggg
 254
Thr Leu Ala Ala Gly Arg Pro Thr Ile Asn His Pro Thr Phe Val Gly
 45                  50                  55                  60
agt gaa cgc tgt aga cct ggg tac acg ttc aca tct att acc cta aag
 302
Ser Glu Arg Cys Arg Pro Gly Tyr Thr Phe Thr Ser Ile Thr Leu Lys
                 65                  70                  75
cca cca aaa ata gac cgt ggg tct tat tac ggt aaa agg ttg tta cta
 350
Pro Pro Lys Ile Asp Arg Gly Ser Tyr Tyr Gly Lya Arg Leu Leu Leu
             80                  85                  90
cct gat tca gtc acg gaa tat gat aag aag ctt gtt tcg cgc att caa
 398
Pro Asp Ser Val Thr Glu Tyr Asp Lys Lys Leu Val Ser Arg Ile Gln
         95                 100                 105
att cga gtt aat cct ttg ccg aaa ttt gat tct acc gtg tgg gtg aca
 446
Ile Arg Val Asn Pro Leu Pro Lys Phe Asp Ser Thr Val Trp Val Thr
    110                 115                 120
gtc cgt aaa gtt cct gcc tcc tcg gac tta tcc gtt gcc gcc atc tct
 494
Val Arg Lys Val Pro Ala Ser Ser Asp Leu Ser Val Ala Ala Ile Ser
125                 130                 135                 140
gct atg ttc gcg gac gga gcc tca ccg gta ctg gtt tat cag tat gcc
 542
Ala Met Phe Ala Asp Gly Ala Ser Pro Val Leu Val Tyr Gln Tyr Ala
                145                 150                 155
gca tct gga gtc caa gcc aac aac aaa ctg ttg tat gat ctt tcg gcg
 590
Ala Ser Gly Val Gln Ala Asn Asn Lys Leu Leu Tyr Asp Leu Ser Ala
                160                 165                 170
atg cgc gct gat ata ggt gac atg aga aag tac gcc gtc ctc gtg tat
 638
Met Arg Ala Asp Ile Gly Asp Met Arg Lys Tyr Ala Val Leu Val Tyr
        175                 180                 185
tca aaa gac gat gcg ctc gag acg gac gag cta gta ctt cat gtt gac
 686
Ser Lys Asp Asp Ala Leu Glu Thr Asp Glu Leu Val Leu His Val Asp
    190                 195                 200
atc gag cac caa cgc att ccc aca tct gga gtg ctc cca gtc
 728
Ile Glu His Gln Arg Ile Pro Thr Ser Gly Val Leu Pro Val
205                 210                 215
tgattccgtg ttcccagaat cctccctccg atctctgtgg cgggagctga gttggcagtt
 788
ctgctataaa ctgtctgaag tcactaaacg ttttttacgg tgaacgggtt gtccatccag
 848
cttacggcta aaatggtcag tcgtggagaa atccacgcca gcagatttac aaatctctga
 908
ggcgcctttg aaaccatctc ctaggtttct tcggaaggac ttcggtccgt gtacctctag
 968
cacaacgt
 976.

Claim 6

An isolated nucleotide sequence coding for the capsid protein of the cucumber mosaic virus, comprising the coding region of the following sequence (SEQ ID:3):
agagagtgtg tgtgctgtgt tttctctttt gtgtcgtaga attgagtcga gtc atg
 56

                                                                                     Met
                                                             1
gac aaa tct gaa tca acc agt gct ggt cgt aac cgt cga cgt cgt ccg
 104
Asp Lys Ser Glu Ser Thr Ser Ala Gly Arg Asn Arg Arg Arg Arg Pro
              5                  10                  15
cgt cgt ggt tcc cgc tcc gcc ccc tcc tcc gcg gat gct aac ttt aga
 152
Arg Arg Gly Ser Arg Ser Ala Pro Ser Ser Ala Asp Ala Asn Phe Arg
         20                  25                  30
gtc ttg tcg cag cag ctt tcg cga ctt aat aag acg tta gca gct ggt
 200
Val Leu Ser Gln Gln Leu Ser Arg Leu Asn Lys Thr Leu Ala Ala Gly
     35                  40                  45
cgt cca act att aac cac cca acc ttt gta ggg agt gaa cgc tgt aga
 248
Arg Pro Thr Ile Asn His Pro Thr Phe Val Gly Ser Glu Arg Cys Arg
 50                  55                  60                  65
cct ggg tac acg ttc aca tct att acc cta aag cca cca aaa ata gac
 296
Pro Gly Tyr Thr Phe Thr Ser Ile Thr Leu Lys Pro Pro Lys Ile Asp
                 70                  75                  80
cgt ggg tct tat tac ggt aaa agg ttg tta cta cct gat tca gtc acg
 344
Arg Gly Ser Tyr Tyr Gly Lys Arg Leu Leu Leu Pro Asp Ser Val Thr
             85                  90                  95
gaa tat gat aag aag ctt gtt tcg cgc att caa att cga gtt aat cct
 392
Glu Tyr Asp Lys Lys Leu Val Ser Arg Ile Gln Ile Arg Val Asn Pro
        100                 105                 110
ttg ccg aaa ttt gat tct acc gtg tgg gtg aca gtc cgt aaa gtt cct
 440
Leu Pro Lys Phe Asp Ser Thr Val Trp Val Thr Val Arg Lys Val Pro
    115                 120                 125
gcc tcc tcg gac tta tcc gtt gcc gcc atc tct gct atg ttc gcg gac
 488
Ala Ser Ser Asp Leu Ser Val Ala Ala Ile Ser Ala Met Phe Ala Asp
130                 135                 140                 145
gga gcc tca ccg gta ctg gtt tat cag tat gcc gca tct gga gtc caa
 536
Gly Ala Ser Pro Val Leu Val Tyr Gln Tyr Ala Ala Ser Gly Val Gln
                 150                 155                 160
gcc aac aac aaa ctg ttg tat gat ctt tcg gcg atg cgc gct gat ata
 584
Ala Asn Asn Lys Leu Leu Tyr Asp Leu Ser Ala Met Arg Ala Asp Ile
            165                 170                 175
ggt gac atg aga aag tac gcc gtc ctc gtg tat tca aaa gac gat gcg
 632
Gly Asp Met Arg Lys Tyr Ala Val Leu Val Tyr Ser Lys Asp Asp Ala
        180                 185                 190
cta gag acg gac gag cta gta ctt cat gtt gac atc gag cac caa cgc
 680
Leu Glu Thr Asp Glu Leu Val Leu His Val Asp Ile Glu His Gln Arg
    195                 200                 205
att ccc acg tct gga gtg ctc cca gtc tgattcgtgt tcccagaatc
 727
Ile Pro Thr Ser Gly Val Leu Pro Val
210                 215
ctccctccga tctctgtggc gggagctgag ttggcagttc tgctataaac tgtctgaagt
 787
cactaaacgt ttttacggtg aacgggttgt ccatccagct tacggctaaa atggtcagtc
 847
gtggagaaat ccacgccagt agatttacaa atctctgagg cgcctttgaa accatctcct
 907
aggtttcttc ggaaggactt cggtccgtgt acctctagca caacgtgcta gtttcagggt
 967
acgggtgccc ccccactttc gtgggggcct ccaaaaggag
 1007.

Granted US 6198022 is a divisional of now granted US 5789656 (see above), which is a divisional of now granted US 5422259 (see above).

The process described above applied to the production of cucumber mosaic virus-resistant plants by expression of the viral capsid protein (this is a divisional application of the patent listed immediately above).

EP 412912 B1

  • Earliest priority - 11 August 1989
  • Filed - 9 August 1990
  • Granted - 16 March 1994
  • Expected expiry - 9 August 2010

Title - Transgenic plants of the species Cucumis melo

Claim 1

Process for production of transgenic, phenotypically normal plantlets from genetically transformed explants, said plantlets belonging to the species Cucumis melo and containing at least one gene, which has been introduced through Agrobacterium tumefaciens, characterized by the following steps: A) induction of genetically transformed shoot buds from cotyledons of Cucumis melo which have germinated for 0 to 4 days and, after this period, have been brought into contact with A. tumefaciens, the induction being carried out on an induction medium for genetically transformed shoot buds which comprises all of the minerals, salts and vitamins normally required for the induction of shoot buds from genetically non-transformed explants and containing, amongst the mineral salts, approximately 440 to approximately 2,200 mg/L of calcium chloride calculated as CaCl2R2H2O, and approximately 0.8 to approximately 1.2% of bacto-agar or agar-agar, said induction medium being supplemented with approximately 0.3 to about 1.13 mg/L of 6-benzyl aminopurine (BAP); and approximately 0 to approximately 1.3 mg/L indole-3-acetic acid (IAA);
B) culturing the resulting genetically transformed shoot buds in two successive stages, the first of these culture stages taking place on a plant cell culture medium containing a cytokinin and, more particularly, 6-benzyl aminopurine (BAP), and the second stage, which is carried out when the shoot buds have reached a length of at least 3 mm, taking place on a plant cell culture medium containing, as macroelements:

  • KH2 PO4 approximately 50 to approximately 100 mg/L
  • MgSO4 approximately 75 to approximately 300 mg/L
  • CaCl2R2H2O approximately 500 to approximately 2500 mg/L
  • KNO3 approximately 750 to approximately 1200 mg/L
  • NH4NO3 approximately 150 to approximately 200 mg/L
Claim 15

Cell culture medium suitable for the development of shoot buds into plantlets in the course of the regeneration of a plant, characterized in that it contains, as macro-elements:

  • KH2 PO4 approximately 50 to approximately 100 mg/L
  • MgSO4R2H2O approximately 75 to approximately 300 mg/L
  • CaCl2R2H2O approximately 1000 to approximately 2500 mg/L
  • KNO3 approximately 750 to approximately 1200 mg/L
  • NH4NO3 approximately 150 to approximately 200 mg/L.
Claim 18

Shoot bud induction medium composed of a plant cell culture medium, which comprises all the minerals, salts and vitamins normally required for inducing shoot buds from non-genetically transformed explants and containing, amongst its mineral salts, calcium chloride, and bacto-agar or agar-agar, characterized in that the CaCl2 content of this medium is 1000 to 2200 mg/L calculated as CaCl2 R2H2O, and the bacto-agar or agar-agar content is 0.8 to 1.2%, said medium being supplemented with 0.3 to about 2.0 mg/L of BAP and 0 to 1.3 mg/L of IAA.

Designated contracting States at the time of grant are: Belgium (patent lapsed as reported by INPADOC), Germany (patent lapsed as reported by INPADOC), Spain, France (patent lapsed as reported by INPADOC), United Kingdom (patent lapsed as reported by INPADOC), Greece, Italy, Luxembourg (patent lapsed as reported by INPADOC), Netherlands

The process for the production of transgenic diploid melon plantlets is very similar to the process claimed in the related United States patents. Media components for shoot buds induction and plantlet development are also part of the claims.

Remarks

  1. Related patent in Japan (JP 3174048 B2) was granted on 11 June 2001. A divisional application of now granted JP 3174048 was filed (JP H11/320981), which was rejected on 13 November 2002.
  2. Other related patent documents include Israel (IL 95334) and Portugal (PT 94967).

Note: Patent information on this page was last updated on 21 March 2006.

Peaspeas

Summary

FreshWorld has a granted patent in the United States related to a method for transforming plumule material or cotyledons of a pea seed, either from a garden pea plant or an edible pod, with A. tumefaciens or A. rhizogenes carrying a gene of interest. A related Australian application was abandoned.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 5286635

  • Earliest priority - 24 September 1991
  • Filed - 24 September 1991
  • Granted - 15 February 1994
  • Expired - 15 March 2006

Title - Genetically transformed pea plants and methods for their production

Claim 1

A method for genetically transforming a pea plant, said method comprising:

A) culturing explant material from the seed plumule of the pea plant with Agrobacterium tumefaciens or rhizogenes cells carrying an exogenous DNA sequence, wherein the strain of Agrobacterium is selected to be capable of infecting and transferring DNA to the explant material;
B) regenerating shoots from the explant material from step (A), wherein said shoots are obtained from non-callus material;
C) selecting regenerated shoots from step (B) which express the exogenous DNA sequence, and
D) rooting said regenerated shoots to produce viable pea plants expressing the exogenous DNA sequence.

Claim 7

A method for genetically transforming a pea plant, said method comprising:

A) obtaining plumule material from a pea plant seed;
B) culturing the plumule material with Agrobacterium tumefaciens or rhizogenes cells carrying an exogenous DNA sequence in a co-cultivation medium for a time and under conditions selected to effect transfer of the exogenous DNA sequence to cells of the plumule material, wherein the strain of Agrobacterium is selected to be capable of infecting and transferring DNA to the explant material;
C) separating the Agrobacterium cells form the plumule material;
D) regenerating shoots from the plumule material from step (C) in a regeneration medium for a time and under conditions selected to produce shoots from non-callus regions of the plumule;
(E) selecting regenerated shoots from step (D) which express the exogenous DNA sequence; and
(F) rooting the selected regenerated shoots from step (E) in a rooting medium to produce plants which express the exogenous DNA sequence.

Claim 19

A method for genetically transforming a pea plant, said method comprising:

A) preparing an explant by removing the seed coat from a sterilized seed of the pea plant and cutting off the cotyledons where they are attached to the embryo;
B) culturing explant material from sterilized seed of the pea plant with Agrobacterium tumefaciens or rhizogenes cells carrying an exogenous DNA sequence, wherein the strain of Agrobacterium is selected to be capable of infecting and transferring DNA to the explant material;
C) regenerating shoots from the explant material from step (A), wherein said shoots are obtained from non-callus material;
D) selecting regenerating shoots from step (B) which express the exogenous DNA sequence, and
E) rooting said regenerated shoots to produce viable pea plants expressing the exogenous DNA sequence.

Granted US 5286635 has expired due to non-payment of maintenance fees according to the USPTO.

Method for transforming the plumule of a pea seed and cotyledons with A. tumefaciens or A. rhizogenes having an exogenous gene. Shoot regeneration and production of viable pea plants expressing the gene of interest are also claimed.

FreshWorld

WO 1993/06209 A1

  • Earliest priority - 24 September 1991
  • Filed - 9 September 1992
  • OPI - 1 April 1993

Title - Genetically transformed pea plants and methods for their production

Claim 1

A method for genetically transforming a pea plant, said method comprising:
(a)  culturing explant material from the pea plant with Agrobacterium cells carrying an exogenous DNA sequence;
(b) regenerating shoots from the explant material from step (a), wherein said shoots are obtained from non-callus material; and
(c) selecting regenerated shoots from step (b) which express the exogenous DNA sequence.

Claim 8

A method for genetically transforming a pea plant, said method comprising:
(a) culturing explant material from the seed plumule of the pea plant with Agrobacterium cells carrying an exogenous DNA sequence;
(b) regenerating shoots from the explant material from step (a); and
(c) selecting regenerated shoots from step (b) which express the exogenous DNA sequence.

Claim 15

A method for genetically transforming a pea plant, said method comprising:

(a) obtaining a plumule material from pea plant seed;
(b) culturing the plumule material with Agrobacterium cells carrying an exogenous DNA sequence in a cocultivation medium for a time and under conditions selected to effect transfer of the exogenous DNA sequence to cells of the plumule material;
(c) separating the Agrobacterium cells from the plumule material;
(d) regenerating shoots from the plumule material from step (c) in a regeneration medium for a time and under conditions selected to produce shoots from non-callus regions of the plumule;
(e) selecting regenerated shoots from step (d) which express the exogenous DNA sequence; and
(f) rooting the selected regenerated shoots from step (e) in a rooting medium.

Claim 33

A pea plant which expresses a heterologous gene.

Remarks

National phase entry of WO 1993/06209 in Australia (AU 26441/92) has lapsed on 16 June 1994.

Note: Patent information on this page was last updated on 21 March 2006.

Pelargonium (Geranium)

SummaryPelargonium

The present United States patent granted to Institut National de la Recherche Agronomique discloses a method for modifying a Pelargonium spp. via transformation with A. rhizogenes. A pelargonium plant or tissue is transformed in vivo . Flower scent is one of the specific characteristics to be modified by the transformation process.

Specific Patent Information

Patent Number

Title, Independent Claims and Sumamry of Claims

Assignee

US 5648598

  • Earliest priority - 20 December 1994
  • Filed - 20 December 1994
  • Granted - 15 July 1997
  • Expected expiry - 20 December 2014

Title - Ornamental character of scented geraniums by genetic transformation

Claim 1

A method of genetically modifying a plant of the genus Pelargonium to modify at least one ornamental characteristic of said plant, the method comprising the steps of, transforming a live Pelargonium plant or live tissue thereof with the T-DNA of the Ri plasmid of Agrobacterium rhizogenes, and propagating the resulting transformant to obtain a plant for ornamental use.

Claim 5

A method of genetically modifying a Pelargonium species or variety having a unique scent comprising transforming live plants or live tissues of said species or variety with the T-DNA of the Ri plasmid of Agrobacterium rhizogenes, and propagating the resultant transformants to obtain plants characterized by improved ornamental characteristics.

Method for the transformation of a live Pelargonium plant or live tissue with T-DNA of A. rhizogenes. The transformation is aimed at modifying an ornamental characteristic or the scent of a geranium plant.

Institut National de la Recherche Agronomique

Note: Patent information on this page was last updated on 21 March 2006.

Pepper

Summary

green_red_peppersDNA Plant Technology has been granted a United States patent directed to the transformation of a pepper explant (young cotyledon) with A. tumefaciens or A. rhizogenes. Shoot formation is then induced from the transformed cells. Gibberellin and an inhibitor of ethylene are used as components of an elongation/selection culture medium for shoots.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 5262316

  • Earliest priority - 22 November 1991
  • Filed - 22 November 1991
  • Granted - 16 November 1993
  • Expected expiry - 22 November 2011

Title - Genetically transformed pepper plants and methods for their production

Claim 1

A method for genetically transforming a pepper plant, said method comprising:

A) co-cultivating explant material from the pepper plant with Agrobacterium tumefaciens or rhizogenes cells carrying an exogenous DNA sequence wherein the explant material is selected from the group consisting of young embryonic cotyledons and young expanded cotyledons;
B) selecting and inducing shoots from the explant material from step (A), wherein said shoots are obtained from non-callus material and express the exogenous DNA sequence; and
C) elongating and further selecting the shoots from step (B)

Claim 11

A method for genetically transforming a pepper plant, said method comprising:

A) obtaining the explant material from the pepper plant seed;
B) co-cultivating the explant material obtained in step (A) with Agrobacterium tumefaciens or rhizogenes cells carrying an exogenous DNA sequence in a co-cultivation medium for a time and under conditions selected to effect transfer of the exogenous DNA sequence to cells of the explant material obtained in step (A), wherein the explant material is selected from the group consisting of young embryonic cotyledons and young expanded cotyledons;
C) removing the Agrobacterium cells from the explant material obtained in step (A);
D) selecting and inducing shoots from the explant material from step (C) in a selection/induction medium for a time and under conditions chosen to produce shoots from non-callus regions of the explant material and select shoots which express the exogenous DNA sequence, wherein the elongation/selection medium contains a gibberellin in the amount of about 0.1 to 50 mg/l and an inhibitor of ethylene action;
E) elongating and further selecting the shoots from step (D) in an elongation/selection medium; and
F) rooting the selecting regenerated shoots from step (E) in a rooting medium.

Claim 25

A method for generating a pepper plant, said method comprising:

A) obtaining young explant material from the pepper plant, wherein the young explant material is selected from the group consisting of embryonic cotyledons and young expanded cotyledons;
B) inducing shoots from the explant material from step (A) in an induction medium containing BA for a time and under conditions chosen to induce about regeneration from non-callus regions of the explant material; and
C) elongating the shoots from step (B) in an elongation medium containing a gibberellin and an inhibitor of ethylene action.

Claim 31

A method for regenerating a pepper plant, said method comprising:

A) obtaining young explant material from a pepper plant seed;
B) inducing shoots from the young explant material from step (A) in an induction medium containing BA for a time and under conditions chosen to induce shoot regeneration from non-callus regions of the explant material, wherein the young explant material is selected from the group consisting of embryonic cotyledons and young expanded cotyledons;
C) elongating the shoots from step (B) in an elongation medium containing a gibberellin and an inhibitor of ethylene action; and rooting the shoots from step (C) in a rooting medium.

DNA Plant Technology

WO 1993/09665 A1

  • Earliest priority - 22  November 1991
  • Filed - 10 November 1992
  • OPI - 27 May 1993

Title - Genetically transformed pepper plants and methods for their production

Claim 1

A method for genetically transforming a pepper plant, said method comprising:

(a)  cocultivating explant material from the pepper plant with Agrobacterium cells carrying an exogenous DNA sequence;
(b) selecting and inducing shoots from the explant material from step (a), wherein said shoots are obtained from non-callus material and express the exogenous DNA sequence; and
(c) elongating and further selecting the shoots from step (b).

Claim 12

A method for genetically transforming a pepper plant, said method comprising:

(a) obtaining the explant material from the pepper plant seed;
(b) cocultivating the explant material obtained in step (a) with Agrobacterium cells carrying an exogenous DNA sequence in a cocultivation medium for a time and under conditions selected to effect transfer of the exogenous DNA sequence to cells of the explant material obtained in step (a);
(c) removing the Agrobacterium cells from the explant material obtained in step (a);
(d) selecting and inducing shoots from the explant material from step (c) in a selection/induction medium for a time and under conditions chosen to produce shoots from non-callus regions of the explant material and select shoots which express the exogenous DNA sequence;
(e) elongating and further selecting the shoots from step (d) in an elongation/selection medium; and
(f) rooting the selected regenerated shoots from step
(e) in a rooting medium.

Claim 31

A pepper plant which expresses a heterologous gene.

Claim 32

A method for regenerating a pepper plant, said method comprising:

(a) obtaining young explant material from the pepper plant;
(b) inducing shoots from the explant material from step (a), wherein said shoots are obtained from non-callus material; and
(c) elongating the shoots from step (b).

Claim 41

A method for regenerating a pepper plant, said method comprising:

(a) obtaining young explant material from a pepper plant seed;
(b)  inducing shoots from the young explant material from step (a) in an induction medium for a time and under conditions chosen to produce shoots from non-callus regions of the explant material;
(c) elongating the shoots from step (b) in an elongation medium containing gibberelin; and
(d) rooting the shoots from step (C) in a rooting medium.

Remarks

National phase entry of WO 1993/09665 in Australia (AU 30743/92) has lapsed on 11 August 1994.

Note: Patent information on this page was last updated on 21 March 2006.

Poplar

Summary

The invention disclosed by Fillatti & Comai (owned by Calgene Inc.) in patents granted in the United States and Australia is directed to the transformation of poplar leaves with an armed (tumor-causing genes) A. tumefaciens having a gene of interest.

The construct inserted into a transformed poplar comprises a transcription initiation region, an open reading frame (ORF) expressing a peptide and a transcription termination region.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 4795855

  • Earliest priority - 14 November 1985
  • Filed - 24 February 1986
  • Granted - 3 January 1989
  • Expected expiry - 3 January 2006

Title - Transformation and foreign gene expression with woody species

Claim 1
A transformed poplar plant comprising transformed cells, said cells comprising a DNA construct as a result of transforming of poplar cells with said DNA construct, which construct comprises in the 5'-3' direction

(1) a transcription-initiation region;

(2) an open reading frame other than T-DNA expressing a peptide downstream from said transcription-initiation region, and under the transciptional regulation of said transcription-initiation region; and

(3) a transcription-termination region to provide an expression cassette capable of expression in said cells, wherein

  • at least one of said open reading frame, transcription initiation region, and transcription termination region is from a plant other than poplar, and wherein
  • said expression cassette is bordered by at least the right T-DNA border, and wherein
  • said construct is a result of joining in vitro at least two of (1), (2), and (3) and said right T-DNA border.

Claim 7
Stably transformed poplar seedlings comprising cells comprising a DNA construct as a result of transformation of poplar cells with said DNA construct, which construct comprises in the 5'-3' direction:

(1) a transcription initiation region,

(2) an open reading frame, other than T-DNA, encoding a peptide, said open reading frame downstream from said transcription initiation region and under the transcriptional regulation of said transcription initiation region, and

(3) a transcription termination region, to provide an expression cassette capable of expression in said poplar cells, wherein

  • at least one of said open reading frame, transcription initiation region, and transcription termination region is from a plant other than poplar, and wherein
  • said construct is as a result of joining in vitro at least two of (1), (2), and (3).

Claim 9
A method for transforming a poplar plant which comprises:

(a) preincubating poplar leaf explants from shoot cultures with a medium conditioned with plant cells;

(b) cocultivating said leaf explants with Agrobacterium tumefaciens comprising an armed Ti-plasmid containing vir genes and an expression construct comprising transcriptional initiation and termination regulatory regions functional in said poplar and a gene other than the wild-type gene of one or both of the initiation and termination regions and under their regulatory control, bordered by at least the right T-DNA border, whereby said expression construct becomes integrated into the genome of cells of said leaf explant;

(c) transferring said leaf explants after cocultivation to a regeneration medium comprising plant hormones and phytohormones produced by a Ti-plasmid comprising A. tumefaciens strain, whereby callus is formed and shoots develop; and

(d) transferring shoots to growing medium to produce a poplar plant.

Granted US 4795855 is a continuation-in-part of abandoned US 06/798050.

Method to transform poplar leaf explants with A. tumefaciens having a construct with a gene of interest flanked by a right T-DNA border. Regeneration of transformed poplar plants from the explants, and elements of the construct are also claimed.

Calgene Inc.

AU 597916 B2

  • Earliest priority - 14 November 1985
  • Filed - 13 November 1986
  • Granted - 14 June 1990
  • Expired - 9 September 1993

Title - Transformation and foreign gene expression with woody species e.g. Poplar

Claim 1
A transformed poplar plant comprising transformed cells, said cells comprising a DNA construct as a result of transforming of poplar cells with said DNA construct, which construct comprises in the 5'-3' direction

(1) a transcription-initiation region;

(2) an open reading frame other than T-DNA expressing a peptide downstream from said transcription-initiation region, and under the transciptional regulation of said transcription-initiation region; and

(3) a transcription-termination region to provide an expression cassette capable of expression in said cells, wherein

  • at least one of said open reading frame, transcription initiation region, and transcription termination region is from a plant other than poplar, and wherein
  • said expression cassette is bordered by at least the right T-DNA border, and wherein
  • said construct is a result of joining in vitro at least two of (1), (2), and (3) and said right T-DNA border.
Claim 8

Stably transformed poplar seedlings comprising cells comprising a DNA construct as a result of transformation of poplar cells with said DNA construct, which construct comprises in the 5'-3' direction:

(1) a transcription initiation region,

(2) an open reading frame, other than T-DNA, encoding a peptide, said open reading frame downstream from said transcription initiation region and under the transcriptional regulation of said transcription initiation region, and

(3) a transcription termination region, to provide an expression cassette capable of expression in said poplar cells, wherein

  • at least one of said open reading frame, transcription initiation region, and transcription termination region is from a plant other than poplar, and wherein
  • said construct is as a result of joining in vitro at least two of (1), (2), and (3).
Claim 10

A method for transforming a poplar plant which comprises:

(a) preincubating poplar leaf explants from shoot cultures with a medium conditioned with plant cells;

(b) cocultivating said leaf explants with Agrobacterium tumefaciens comprising an armed Ti-plasmid containing vir genes and an expression construct comprising transcriptional initiation and termination regulatory regions functional in said poplar and a gene other than the wild-type gene of one or both of the initiation and termination regions and under their regulatory control, bordered by at least the right T-DNA border, whereby said expression construct becomes integrated into the genome of cells of said leaf explant;

(c) transferring said leaf explants after cocultivation to a regeneration medium comprising plant hormones and phytohormones produced by a Ti-plasmid comprising A. tumefaciens strain, whereby callus is formed and shoots develop; and

(d) transferring shoots to growing medium to produce a poplar plant.

Granted AU 597916 contains the same three independent claims as those of US 4795855 (see above).

Remarks

  1. Related application in Europe (EP 227264) is deemed to be withdrawn on 12 May 1993 as reported on INPADOC.
  2. Related patent granted in New Zealand (NZ 217915), which has lapsed on 14 January 1994 as reported by IPONZ.
  3. Other jurisdiction in which a related patent was filed includes Finland (FI 864331; application lapsed as reported by INPADOC).

Note: Patent information on this page was last updated on 22 March 2006.

Roses

Summary

Rosered2Florigene's inventions disclosed in two granted United States patents, a PCT application and their national phase entries are directed to:

An additional protocol is disclosed to obtain somatic embryos out of a mature somatic tissue, a stamen filament and a leaf explant. These protocols are not limited to transformed tissues.

A new United States patent application has been filed by Florigene. Unlike the granted United States patents, the application describes Agrobacterium-mediated transformation of rose callus cells, without specifying the origin of the callus.

Florigene was founded as a joint venture between DNA Plant Technology Co. (now called S&G Seeds) and Rabobank Biotech Venture Fund, the former also listed as an assignee in the PCT application.

Roses - Patents granted to Florigene Europe B.V.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 5480789

  • Earliest priority - 1 April 1991
  • Filed - 18 November 1993
  • Granted - 2 January 1996
  • Expected expiry - 2 January 2013

Title - Genetically transformed rose plants and methods for their production

Claim 1

A method for producing a somatic rose embryo, which expresses an exogenous DNA sequence including a selectable marker gene, said method comprising:

A) culturing tissue from a rose plant on a callus induction medium containing nutrients, an energy source, an auxin, and a cytokinin in amounts effective to induce formation of embryogenic callus, wherein the tissue is cultured until a friable, granular embryogenic callus is produced;
B) combining cells from the embryogenic callus of step (A) with Agrobacterium cells carrying the exogenous DNA sequence in a co-cultivation medium containing nutrients, an energy source, and an induction compound under conditions which allow the Agrobacterium cells to infect the embryogenic callus cells and transfer the exogenous DNA sequence to the embryogenic callus cell chromosomes;
C) culturing embryogenic callus cells from step (B) in a selection medium containing nutrients, an energy source, an auxin, a cytokinin, and an agent which inhibits the growth of embryogenic callus cells which do not express the selectable marker gene; and
D) culturing the cells selected in step (C) in a maintenance medium containing nutrients, an energy source, an antibacterial agent, and a growth regulator, other than an auxin or a cytokinin, present in amounts effective to produce viable somatic embryos capable of being regenerated into transformed plantlets.

Granted US 5480789 is a continuation of abandoned US 07/678846.

Method for the production of a transformed somatic rose embryo expressing a gene of interest by transforming an embryogenic callus with Agrobacterium carrying the exogenous gene.

Florigene Europe B.V.

US 5792927

  • Earliest priority - 1 April 1991
  • Filed - 5 June 1995
  • Granted - 11 August 1998
  • Expected expiry - 2 January 2013

Title - Genetically transformed rose plants and methods for their production

Claim 1

A method for genetically transforming callus cells from a rose plant, said method comprising: A) incubating friable, granular callus cells with Agrobacterium cells carrying an exogenous DNA sequence; and
B) selecting callus cells which express at least a portion of the exogenous DNA sequence.

Claim 5

A method for genetically transforming a rose plant, said method comprising: A) culturing tissue from the rose plant under conditions selected to produce a friable, granular callus;
B) incubating cells from the callus of step (A) with Agrobacterium cells carrying an exogenous DNA sequence;
C) selecting callus cells from step (B) which express at least a portion of the DNA sequence; and
D) producing transformed plantlets from the selected callus cells of step (C).

Claim 15

A somatic rose embryo produced by the method comprising: A) culturing tissue from a rose plant on a callus induction medium containing nutrients, an energy source, an auxin, and a cytokinin in amounts effective to induce callus formation;
B) combining cells from the callus of step (A) with Agrobacterium cells carrying the exogenous DNA sequence in a co-cultivation medium containing nutrients, an energy source, and an induction compound under conditions which allow the Agrobacterium cells to infect the callus cells and transfer the exogenous DNA sequence to the callus cell chromosomes;
C) culturing callus cells from step (B) in a selection medium containing nutrients, an energy source, an auxin, a cytokinin, and an agent which inhibits the growth of callus cells which do not express the selectable marker gene; and
D) culturing the cells selected in step (C) in a maintenance medium containing nutrients, an energy source, an antibacterial agent, and a growth regulator, other than an auxin or a cytokinin, present in amounts effective to produce somatic embryos.

Granted US 5792927 is a divisional of now granted US 5480789 (see above).

Method for transforming rose callus cells with Agrobacterium carrying an exogenous gene and selecting callus cells containing that exogenous gene. Production of a transformed somatic rose embryo and a method for transforming a rose plant starting from a transformed granular callus are part of the claimed invention.

Note: Patent information on this page was last updated on 22 March 2006.

Roses - Patent application filed by Florigene B.V.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

WO 1992/00371 A1

  • Earliest priority - 1 April 1991
  • Filed - 21 June 1991
  • OPI - 9 January 1992

Title - Rose plants and methods for their production and transformation

Claim 1

A method for controlled regeneration of a rose plantlet from a somatic embryo which comprises:

(a) providing a somatic embryo;
(b) culturing the somatic embryo on a maturation medium capable of inducing differentiation of the embryo to yield a differentiated embryo;
(c) germinating the differentiated embryo on germination medium to yield a germinated embryo; and
(d) propagating the germinated embryo on propagation medium to produce a mature plantlet capable of being transferred to soil conditions.

Claim 8

A method for obtaining at least one somatic embryo from mature somatic tissue of rose plant which comprises:

(a) culturing mature somatic tissue on callus induction medium comprising effective amounts of a nutrient medium, an energy source, an auxin and a cytokinin to obtain at least one induced callus; and
(b) culturing the induced callus in a regeneration media capable of inducing completion of the development of somatic embryos comprising effective amounts of a nutrient medium, an energy source, an auxin and a cytokinin in which the source of the auxin and cytokinin in the regeneration media differs from the source of the auxin and cytokinin in the callus induction medium to obtain at least one somatic embryo.

Claim 17

A method for obtaining a somatic embryo from a stamen filament of rose plant which comprises:

(a) culturing the stamen filament on callus induction medium comprising effective amounts of a nutrient medium, an energy source, an auxin and a cytokinin to obtain at least one induced callus; and
(b) culturing the induced callus in a regeneration media capable of inducing completion of the development of somatic embryos comprising effective amounts of a nutrient medium, an energy source, an auxin and a cytokinin in which the ratio of auxin to cytokinin is decreased by a factor of two to about 15 relative to the ratio of auxin to cytokinin in the callus induction medium to obtain a somatic embryo.

Claim 20

A method for obtaining a somatic embryo from a leaf explant of rose plant which comprises:

(a) culturing the leaf explant on a callus induction medium comprising effective amounts of a nutrient medium, an energy source, an auxin and a cytokinin to obtain at least one induced callus; and
(b) culturing the induced callus in a regeneration media capable of inducing completion of the development of somatic embryos comprising effective amounts of a nutrient medium, an energy source, an auxin and a cytokinin to which the source of the auxin and cytokinin in the regeneration media differs from the source of the auxin and cytokinin in the callus induction medium to obtain a somatic embryo.

Claim 26

A method for genetically transforming callus cells from a rose plant, said method comprising:

  • incubating the callus cells with Agrobacterium cells carrying an exogenous DNA sequence; and
  • selecting callus cells which express at least a portion of the exogenous DNA sequence.
Claim 29

A method for genetically transforming a rose plant, said method comprising:

(a) culturing tissue from the rose plant under conditions selected to produce a callus;
(b) incubating cells from the callus of step (a) with Agrobacterium cells carrying an exogenous DNA sequence;
(c) selecting callus cells from step (b) which express at least a portion of the DNA sequence; and
(d) producing transformed plantlets from the selected callus cells of step (c).

Claim 34

A method for producing a somatic rose embryo which expresses an exogenous DNA sequence, said method comprising:

(a) culturing tissue from a rose plant on a callus induction medium containing nutrients, an energy source, an auxin, and growth regulator, a cytokinin in amounts effective to induce callus formation wherein the tissue is derived from a plant part selected from the group consisting of stamen filaments, leaf explants, stem sections, shoot tips, petal, sepal, petiole, and peduncle;
(b) combining cells from the callus of step (a) with Agrobacterium cells carrying the exogenous DNA sequence in a cocultivation medium containing nutrients, an energy source, and an induction compound under conditions which allow the Agrobacterium cells to infect the callus cells and transfer the exogenous DNA sequence to the callus cell chromosomes;;
(c) culturing callus cells from step (b) in a selection medium containing nutrients, an energy source, an auxin, a cytokinin, and an agent which inhibits the growth of callus cells which do not express the selectable marker gene; and
(d) culturing the cells selected in step (c) in a regeneration medium containing nutrients, an energy source, an antibacterial agent, and a growth regulator selected from abscisic acid and giberellic acid, other than an auxin or a cytokinin, present in amounts effective to produce somatic embryos.

Claim 50

A rose callus cell which expresses an exogenous DNA sequence.

Claim 51

A rose plant having cells which express an exogenous DNA sequence.

Claim 52

A somatic rose embryo which expresses an exogenous DNA sequence.

The PCT application has DNA Plant Technology Co. as a co-assignee listed with Florigene B.V..

The claims of the PCT application recite methods to regenerate a rose plantlet from a somatic embryo and to obtain a somatic embryo from somatic rose tissue, i.e. stamen filament, and leaf. Similar to its related United States patent, methods are also claimed to transform a rose callus with Agrobacterium having an exogenous gene, to produce a transformed somatic embryo and transformed rose plantlets.


Florigene B.V.

US 2001/007157 A1

  • Earliest priority - 18 November 1993
  • Filed - 10 August 1998
  • Abandoned - 15 July 2002

Title - Genetically transformed rose plants and methods for their production

Claim 1

A method for genetically transforming callus cells from a rose plant, said method comprising:

  • incubating the callus cells with Agrobacterium cells carrying an exogenous DNA sequence; and
  • selecting callus cells which express at least a portion of the exogenous DNA sequence.
Claim 6

A method for genetically transforming a rose plant, said method comprising:

(a) culturing tissue from the rose plant under conditions selected to produce a callus;
(b) incubating cells from the callus of step (a) with Agrobacterium cells carrying an exogenous DNA sequence;
(c) selecting callus cells from step (b) which express at least a portion of the DNA sequence; and
(d) producing transformed plantlets from the selected callus cells of step (c).

Claim 13

A method for producing a somatic rose embryo which expresses an exogenous DNA sequence including a selectable marker gene, said method comprising:

(a) culturing tissue from a rose plant on a callus induction medium containing nutrients, an energy source, an auxin, and a cytokinin in amounts effective to induce callus formation;
(b) combining cells from the callus of step (a) with Agrobacterium cells carrying the exogenous DNA sequence in a cocultivation medium containing nutrients, an energy source, and an induction compound under conditions which allow the Agrobacterium cells to infect the callus cells and transfer the exogenous DNA sequence to the callus cell chromosomes;
(c) culturing callus cells from step (b) in a selection medium containing nutrients, an energy source, an auxin, a cytokinin, and an agent which inhibits the growth of callus cells which do not express the selectable marker gene; and
(d) culturing the cells selected in step (c) in a maintenance medium containing nutrients, an energy source, an antibacterial agent, and a growth regulator, other than an auxin or a cytokinin, present in amounts effective to produce somatic embryos.

Claim 38

A rose callus cell which expresses an exogenous DNA sequence.

Claim 39

A rose plant having cells which express an exogenous DNA sequence.

Claim 40

A somatic rose embryo which expresses an exogenous DNA sequence.

Abandoned application US 2001/007157 is a continuation of now granted US 5792927, which is a divisional of now granted US 5480789 (see above).

Methods for transforming a rose callus with Agrobacterium cells carrying an exogenous DNA. Unlike the granted patent US 5792927, the type of callus to be transformed is not specified.
A method for producing a somatic rose embryo expressing an exogenous sequence is also described. Rose callus, somatic embryo and plant expressing an exogenous gene are recited in the filed claims.

Remarks

  1. National phase entry of WO 1992/00371 in Europe (EP 536327) is deemed to be withdrawn on 2 July 2003.
  2. National phase entries of WO 1992/00371 in Japan (JP H05/507415 T2 and its divisional JP 2001/190169 A2) are deemed to be withdrawn (JP H05/507415 T2 was rejected and an appeal was filed, which was later withdrawn on 13 July 2001; JP 2001/190169 A2 was rejected without any further appeal, notice of rejection sent to applicant on 8 April 2003).

Note: Patent information on this page was last updated on 22 March 2006.

Soybean

Summary

soybeansThe University of Toledo, Monsanto, Pioneer Hi-Bred and University of Mississippi collectively have several patents granted in the United States, Canada, Australia and Europe which are directed to Agrobacterium transformation of soybean (Glycine max).

The University of Toledo has both an Australian and a United States patent which claim a non-tissue culture process to transform meristematic or mesocotyl cells of a soybean seed. An Agrobacterium strain of any species is used for the transformation and can contain either an armed (with tumor-causing genes) or a disarmed vector. A related European patent additionally claims a method for transforming beans (Phaseolus vulgaris).

In the United States patents granted to Monsanto, a cotyledon from a soybean seedling or an embryonic axis are used for transformation with Agrobacterium containing a disarmed vector. Additionally they claim the insertion of a gene encoding for neomycin phosphotransferase II (nptII) and a gene encoding EPSPS. The first gene confers resistance to kanamycin and neomycin among other antibiotics, and the later confers resistance to the herbicide glyphosate.

A  United States patent (US 6384301 B1) and published application (US 2002/0157139 A1) disclose a method for soybean transformation using a wounded embryonic axis isolated from germinating seed as target for Agrobacterium-mediated transformation. The explant is cultured in a medium containing a selection agent. The difference between the granted patent and the application is that in the patent application the wounding step is omitted, thereby providing an alternative protocol to obtain transgenic soybean plants.

In the European and Australian applications, Monsanto discloses a method to prepare a transformed germline of soybean starting with an embryonic axis of a soybean seed for transformation process.

The inventions disclosed by Pioneer Hi-Bred in patents granted in the United States (2), Australia (1) and Canada (1) use a hypocotyl or a cotyledonary node of a soybean seed transformed with any species of Agrobacterium. Detailed protocols for co-cultivation of a soybean explant with the bacterium are also claimed.

University of Mississippi owns a United States patent (US 5968830) on an Agrobacterium-mediated transformation method of a hypocotyl soybean explant, which also recites a method of regenerating soybean via organogenesis.

Soybean - Patents granted to The University of Toledo

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 5376543

  • Earliest priority - 21 December 1987
  • Filed - 7 December 1992
  • Granted - 27 December 1994
  • Expired - 29 January 2003

Title - Agrobacterium mediated transformation of germinating plant seeds

Claim 1

A non-tissue culture process for producing a transgenic soybean plant, which process comprises:

A) germinating a seed of a Glycine max plant for about 24 to 48 hours;
B) inoculating the meristematic or mesocotyl cells produced by the germinating seed of step (A), prior to differentiation of said cells, with an armed or disarmed Agrobacterium strain containing an Agrobacterium-derived vector, said vector containing a transferable gene; and
C) allowing the cells to differentiate into a mature plant.

Granted US 5376543 has expired due to non-payment of maintenance fees as reported by USPTO.

Production of a transgenic soybean plant through a non-tissue culture process. Meristematic or mesocotyl cells are inoculated with an armed or disarmed Agrobacterium vector having a gene of interest. The cells differentiate into a mature plant.


University of Toledo

AU 648951 B2

  • Earliest priority - 21 December 1987
  • Filed - 27 April 1993
  • Granted - 5 May 1994
  • Expired - 18 July 2002

Title - Agrobacterium mediated transformation of germinating plant seeds

Claim 1

A non-tissue culture process for producing a transgenic plant, which process comprises:

A) germinating a seed of a Glycine max plant for about 24 to 48 hours;
B) inoculating the meristematic or mesocotyl cells produced by the germinating seed of step (A), prior to differentiation of said cells, with an armed or disarmed Agrobacterium strain containing an Agrobacterium-derived vector, said vector containing a transferable gene; and
C) allowing the cells to differentiate into a mature plant.

Granted AU 648951 recites the same process of producing a transgenic soybean plant in claim 1 as that of US 5376543 (see above).

EP 397687 B1

  • Earliest priority - 21 December 1987
  • Filed - 16 December 1988
  • Granted - 11 May 1994
  • Expected expiry - 16 December 2008

Title - Agrobacterium mediated transformation of germinating plant seeds

Claim 1

A non-tissue culture process for producing a transgenic plant, which comprises:

A) germinating a seed of a Phaseolus vulgaris or a Glycine max plant for 24 to 48 hours;
B) inoculating the meristematic or mesocotyl cells produced during germination, prior to differentiation of the seed, with a virulent or non-virulent Agrobacterium strain containing a transferable gene in an Agrobacterium -derived vector; and
C) allowing the cells to differentiate into a mature plant.

Granted EP 397687 is a national phase entry of WO 1989/05859.

Designated contracting States at the time of grant are: Austria (patent lapsed as reported by INPADOC), Belgium (patent lapsed as reported by INPADOC), Switzerland (patent lapsed as reported by INPADOC), Germany (patent lapsed as reported by INPADOC), France (patent lapsed as reported by INPADOC), United Kingdom (patent lapsed as reported by INPADOC), Italy, Liechtenstein, Luxembourg, Netherlands (patent lapsed as reported by INPADOC), Sweden (patent lapsed as reported by INPADOC).

The method for producing a transgenic soybean plant is the same as the one disclosed in the related United States and Australian patents (above mentioned), but transformation of beans (Phaseolus vulgaris) is also included in the claims (see section on beans).

Remarks

  1. National phase entry of WO 1989/05859 in Japan (JP H04/501201) is deemed to be withdrawn.
  2. Other national phase entries of WO 1989/05859 include Denmark (DK 126690) and Kuwait (KR 154872).

Note: Patent informaion on this page was last updated on 23 March 2006.

Soybean - Patents granted to and patent applications filed by Monsanto

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 5416011

  • Earliest priority - 22 July 1988
  • Filed - 23 November 1993
  • Granted - 16 May 1995
  • Expected expiry - 16 May 2012

Title - Method for soybean transformation and regeneration

Claim 1

A method for transforming soybeans which comprises:

A) preparing a cotyledon explant from a soybean seedling by:
(i) removing the hypocotyl region by cutting just below the cotyledonary node,
(ii) separating the two cotyledons at the cotyledonary node by tearing the cotyledons apart, and
(iii) removing the epicotyl from the cotyledon to which it remains attached, B) inserting a chimeric gene into the explant of part (A) by inoculation of at least the region adjacent to the axillary bud of the explant with a disarmed Agrobacterium tumefaciens vector containing said chimeric gene;
C) selecting transformed explant tissue, and
D) regenerating a differentiated transformed plant from the transformed explant tissue of part (C).

Claim 10

A method for transforming soybeans which comprises:

A) preparing a cotyledon explant from a soybean seedling by:
(i) removing the hypocotyl region by cutting just below the cotyledonary node,
(ii) separating the two cotyledons at the cotyledonary node by tearing the cotyledons apart, and
(iii) removing the epicotyl from the cotyledon to which it is attached, and
(iv) wounding the explant by making at least one cut in the axillary bud region of the explant, B) inserting a chimeric gene into the explant of part (A) which gene encodes for neomycin phosphotransferase II by inoculation and co-cultivation of the explant with a disarmed Agrobacterium tumefaciens vector containing said chimeric gene;
C) selecting transformed explant tissue by growing the explant in the presence of kanamycin, and
D) regenerating a differentiated transformed plant from the transformed explant tissue of part (C).

Claim 12

A method for transforming soybeans which comprises:

A) preparing a cotyledon explant from a soybean seedling by:
(i) removing the hypocotyl region by cutting just below the cotyledonary node,
(ii) separating the two cotyledons at the cotyledonary node, and
(iii) removing the epicotyl from the cotyledon to which it remains attached, B) inserting a chimeric gene into the explant of part (A) by inoculation of at least the region adjacent to the axillary bud of the explant with a disarmed Agrobacterium tumefaciens vector containing said chimeric gene;
C) selecting transformed explant tissue, and
D) regenerating a differentiated transformed plant from the transformed explant tissue of part (C).

Transformation of a cotyledon of a soybean seedling by inoculation with a disarmed A. tumefaciens vector having a chimeric gene. As part of the invention, the chimeric gene encodes for npt II.

Monsanto

US 5569834

  • Earliest priority - 22 July 1988
  • Filed - 14 February 1995
  • Granted - 29 October 1996
  • Expected expiry - 16 May 2012

Title - Method for soybean transformation and regeneration

Claim 1

A soybean plant comprising a chimeric gene and associated DNA resulting from an Agrobacterium tumefaciens -mediated transformation, said chimeric gene capable of conferring kanamycin resistance to said soybean plant, produced by the method which comprises:

A) preparing a cotyledon explant from a soybean seedling by:
(i) removing the hypocotyl region by cutting just below the cotyledonary node,
(ii) separating the two cotyledons at the cotyledonary node by tearing the cotyledons apart, and
(iii) removing the epicotyl from the cotyledon to which it remains attached, B) inserting a chimeric gene into the explant of part (A) by inoculation and co-cultivation of the explant with a disarmed Agrobacterium tumefaciens vector containing said chimeric gene;
C) selecting transformed explant tissue, and
D) regenerating a differentiated transformed plant from the transformed explant tissue of part (C).

United States granted patent US 5569834 is a divisional of now granted US 5416011 (see above).

Method to obtain a soybean plant resistant to kanamycin via A. tumefaciens transformation. The explant for transformation is a cotyledon isolated from a soybean seedling.

US 5824877

  • Earliest priority - 22 July 1988
  • Filed - 25 October 1996
  • Granted - 20 October 1998
  • Expected expiry -
  • 16 May 2012

Title - Method for soybean transformation and regeneration

Claim 1

A method for transforming soybean which comprises:

A) preparing a cotyledon explant from a soybean seedling by:
(i) removing the hypocotyl region by cutting just below the cotyledonary node,
(ii) separating the two cotyledons at the cotyledonary node by tearing the cotyledons apart, and
(iii) removing the epicotyl from the cotyledon to which it remains attached, B) inserting a chimeric gene into the explant of part (A) by inoculation and co-cultivation of the explant with a disarmed Agrobacterium tumefaciens vector containing said chimeric gene;
C) selecting transformed explant tissue, and
D) regenerating a differentiated transformed plant from the transformed explant tissue of part (C).

Claim 10

A method for transforming soybean which comprises:

A) preparing a cotyledon explant from a soybean seedling by:
(i) removing the hypocotyl region by cutting just below the cotyledonary node,
(ii) separating the two cotyledons at the cotyledonary node by tearing the cotyledons apart, and
(iii) removing the epicotyl from the cotyledon to which it is attached, and
(iv) wounding the explant by making at least one cut in the axillary bud region of the explant, B) inserting a chimeric gene into the explant of part (A) which gene encodes for 5-enolpyruvylshikimatephosphate synthase by inoculation and co-cultivation of the explant with a disarmed Agrobacterium tumefaciens vector containing said chimeric gene;
C) selecting transformed explant tissue by growing the explant in the presence of glyphosate, and
D) regenerating a differentiated transformed plant from the transformed explant tissue of part (C).

United States granted patent US 5824877 is a divisional of now granted US 5569834 (see above).

As in the previous United States patents, a cotyledon explant is transformed by inoculation and co-cultivation with A. tumefaciens containing a gene encoding glyphosate resistance.

US 5959179

  • Earliest priority - 13 March 1996
  • Filed - 13 March 1996
  • Granted - 28 September 1999
  • Expected expiry - 13 March 2016

Title - Method for transforming soybeans

Claim 1

A method for transforming soybean, comprising:

A) preparing a cotyledon explant from a soybean seedling by:
(i) incubating said seedling at about 0ºC to about 10ºC for at least 24 hours;
(ii) removing the hypocotyl region by cutting in the region of from about 0.2 to about 1.5 cm below the cotyledonary node;
(iii) splitting and completely separating the remaining attached hypocotyl segment, also thereby separating the two cotyledons;
(iv) removing the epicotyl from the cotyledon to which it remains attached; and
(v) wounding the cotyledon in the region of the axillary bud; B) inserting DNA to be introduced into said explant of step (a) by inoculating at least the region adjacent to the axillary bud of the explant with a disarmed Agrobacterium tumefaciens vector containing said DNA;
C) selecting transformed explant tissue; and
D) regenerating a differentiated transformed plant from said transformed explant tissue of step (c).

A method for transforming a soybean cotyledon by inoculating into the axillary bud region a disarmed A. tumefaciens vector containing DNA of interest.

WO 1998/00557 A2

  • Earliest priority - 28 June 1996
  • Filed - 28 May 1997
  • OPI - 8 January 1998

Title - Methods of optimizing substrate pools and biosynthesis of poly-'beta'-hydroxybutyrate-co-poly-'beta'-hydroxyvalerate in bacteria and plants

Claim 37

A method for transforming soybean, comprising:
(a) preparing a cotyledon explant from a soybean seedling by:
(i) incubating said seedling at about 0ËšC to about 10ËšC for at least 24 hours;
(ii) removing the hypocotyl region by cutting in the region of from about 0.2 to about 1.5 cm below the cotyledonary node;
(ii) splitting and completely separating the remaining attached hypocotyl segment, also thereby separating the two cotyledons;
(iii) removing the epicotyl from the cotyledon to which it remains attached; and
(iv) wounding the cotyledon in the region of said axillary bud;
(b) inserting DNA to be introduced into said explant of step (a) by inoculating at least the region adjacent to the axillary bud of the explant with a disarmed Agrobacterium tumefaciens vector containing said DNA;
(c) selecting transformed explant tissue; and
(d) regenerating a differentiated transformed plant from said transformed explant tissue of step (c).

PCT application WO 1998/00557 recites genes and methods for optimizing levels of substrates employed in the biosynthesis of copolymers of 3-hydroxybutyrate (3HB) and 3-hydroxyvalerate (3HV) in plants and bacteria using recombinant DNA technology. Claim 37 is one of the independent claims that recite a method to transform soybean using a disarmed A. tumefaciens containing DNA that is to be introduced.

US 6384301
  • Earliest priority - 14 January 1999
  • Filed - 20 December 2001
  • Granted - 24 October 2002
  • Expected expiry - 20 December 2021

Title - Soybean Agrobacterium transformation method

Claim 1

A method of making germline-transformed soybean plants using Agrobacterium mediation, the method comprising:

(a) initiating the germination of a soybean seed;
(b) isolating the embryonic axis including the embryonic meristem from the soybean seed to prepare an explant;
(c) wounding the explant;
(d) exposing the explant to a disarmed Agrobacterium vector comprising a heterologous genetic construct comprising a selectable marker gene wherein the heterologous genetic construct is transferred into at least one cell in the explant;
(e) culturing the explant in the presence of a selection agent in a manner allowing identification of soybean cells of the explant to which the heterologous genetic construct has been transferred;
(f) inducing formation of one or more shoots from the explant, the shoot comprising germline transformed cells;
(g) cultivating the shoot into a whole fertile mature soybean plant.

A method for soybean transformation using a wounded embryonic axis isolated from germinating seed as a target for Agrobacterium-mediated transformation. The explant is cultured in a medium containing a selection agent.

US 7002058

  • Earliest priority - 14 January 1999
  • Filed - 20 December 2001
  • Granted - 21 February 2006
  • Expected expiry - 20 December 2021

Title - Soybean transformation method

Claim 1

A method of making germline-transformed soybean plants using Agrobacterium mediation, the method comprising:

(a) initiating the germination of a soybean seed;
(b) isolating the embryonic axis including the embryonic meristem from the soybean seed to prepare an explant;
(c) exposing the explant to a disarmed Agrobacterium vector comprising a heterologous genetic construct comprising a selectable marker gene wherein the heterologous genetic construct is transferred into at least one cell in the explant;
(d) culturing the explant in the presence of a selection agent in a manner allowing identification of soybean cells of the explant to which the heterologous genetic construct has been transferred;
(e) inducing formation of one or more shoots from the explant, the shoot comprising germline transformed cells;
(f) cultivating the shoot into a whole fertile mature soybean plant.

Claim 11

A method of transforming a soybean cell using Agrobacterium comprising:

(a) initiating the germination of a soybean seed;
(b) isolating the embryonic axis including the embryonic meristem from the soybean seed to prepare an explant;
(c) exposing the explant to a disarmed Agrobacterium vector comprising a heterologous genetic construct comprising a selectable marker gene wherein the heterologous genetic construct is transferred into at least one cell in the explant;
(d) culturing the explant in the presence of a selection agent in a manner allowing identification of soybean cells of the explant to which the heterologous genetic construct has been transferred.

United States granted patent US 7002058 is a continuation of now granted US 6384301.

An Agrobacterium-mediated transformation method of soybean, where the embryonic axis does not require wounding before it is exposed to a disarmed Agrobacterium in comparison to claim 1 of US 6384301 (see above), where wounding of the embryogenic axis is included in the transformation step.

US 2006/0059589 A1

  • Earliest priority - 14 January 1999
  • Filed - 4 November 2005
  • Application pending

Title - Soybean transformation method

Claim 11

A method of producing a transformed soybean cell comprising:

(a) initiating the germination of a soybean seed;
(b) substantially removing at least one cotyledon from the germinating seed;
(c) exposing at least a portion of the meristematic region in the germinating seed;
(d) exposing one or more cells in the meristematic region to a disarmed Agrobacterium vector comprising a heterologous genetic construct, wherein said genetic construct comprises a selectable marker gene, and said genetic construct is transferred into at least one cell in the meristematic region;
(e) culturing the cells of the meristematic region in the presence of a selection agent to identify a transformed soybean cell that contains the genetic construct.

Claim 25

A method of producing a fertile transgenic soybean plant comprising:

(a) initiating the germination of a soybean seed;
(b) substantially removing at least one cotyledon from the germinating seed;
(c) exposing at least a portion of the meristematic region in the germinating seed;
(d) exposing one or more cells in the meristematic region to a disarmed Agrobacterium vector comprising a heterologous genetic construct, wherein said genetic construct comprises a selectable marker gene, and said genetic construct is transferred into at least one cell in the meristematic region;
(e) culturing the cells of the meristematic region in the presence of a selection agent in a manner that identifies a transformed soybean cell that contains the genetic construct;
(f) inducing formation of one or more shoots from the meristematic region, wherein said shoot comprises at least one transformed cell, to produce a transgenic soybean shoot;
(g) cultivating the transgenic soybean shoot into a fertile transgenic soybean plant.

United States patent application US 2006/0059589 is a divisional of now granted US 7002058 (see above).

Claims 1-10 in this application have been cancelled according to the publication.

This application recites an Agrobacterium-mediated transformation method of soybean, where cells in the meristematic tissue are exposed to a disarmed Agrobacterium.

WO 2000/42207 A2

  • Earliest priority - 4 November 1999
  • Filed - 12 January 2000
  • OPI - 20 July 2000

Title - Soybean transformation method

Claim 1

A method of preparing a germline-transformed soybean plant using Agrobacterium mediation, the method comprising:
(a)   initiating the germination of a soybean seed;
(b)  isolating the embryonic axis from the soybean seed to prepare an explant;
(c)   wounding the explant;
(d)   exposing the explant to a disarmed Agrobacterium vector comprising a heterologous genetic construct including a selectable marker gene under conditions in which the heterologous genetic construct is transferred into at least one cell in the explant;
(e)   culturing the explant in the presence of a selection agent in a manner capable of identifying soybean cells of the explant to which the heterologous genetic construct has been transferred;
(f)   inducing formation of one or more shoots from the explant, the shoot comprising germline transformed cells;
(g)   cultivating the shoot into a whole fertile mature soybean plant.

PCT application WO 2000/42207 recites an Agrobacterium-mediated transformation method of soybean, where a wounded embryonic axis is exposed to a disarmed Agrobacterium.

Remarks
  1. National phase entry of WO 1998/00557 in Australia (AU 31443/97) has lapsed on 25 March 1999.
  2. National phase entry of WO 1998/00557 in Canada (CA 2259251) is pending.
  3. National phase entry of WO 2000/42207 in Australia (AU 2000/28488) has lapsed on 18 August 2005.
  4. National phase entry of WO 2000/42207 in Canada (CA 2359868) has lapsed on 12 January 2004.
  5. National phase entry of WO 2000/42207 in Europe (EP 1141346) is deemed to be withdrawn on 3 March 2004.
  6. National phase entry of WO 2000/42207 in Japan (JP 2002534129) is pending.

Note: Patent information on this page was last updated on 24 March 2006.

Soybean - Patent applications filed by Monsanto

Actual pending claims

EP 1 141 346 A1* & AU 28488/00

Claim 1

A method of preparing a germline-transformed soybean plant using Agrobacterium mediation, the method comprising: A) initiating the germination of a soybean seed;
B) isolating the embryonic axis from the soybean seed to prepare an explant;
C) wounding the explant;
D) exposing the explant to a disarmed Agrobacterium vector comprising a heterologous genetic construct including a selectable marker gene under conditions in which the heterologous genetic construct is transferred into at least one cell in the explant;
E) culturing the explant in the presence of a selection agent in a manner capable of identifying soybean cells of the explant to which the heterologous genetic construct has been transferred;
F) inducing formation of one or more shoots from the explant, the shoot comprising germline transformed cells;
G) cultivating the shoot into a whole fertile mature soybean plant.

* The PCT application WO 0042207 A2 was converted into the present European application.

Soybean - Patents granted to and patent applications filed by Pioneer Hi-Bred

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 5563055

  • Earliest priority - 27 July 1992
  • Filed - 28 March 1994
  • Granted - 8 October 1996
  • Expired - 11 November 2004

Title - Method of Agrobacterium-mediated transformation of cultured soybean cells

Claim 1

A method for transforming soybean cells, comprising the steps of

(A) providing a complete plant medium that supports rapid division of plant cells, said medium comprising
(i) a virulence-inducing amount of a signal molecule,
(ii) a growth promoting amount of an auxin, and
(iii) Agrobacterium tumefaciens bacteria in log growth phase, such that said bacteria are present in said medium in a concentration of about 108 viable cells per ml, wherein said bacteria contain a chimeric gene and said medium is buffered at a pH below 6.0;
(B) introducing into a first portion of said medium a plurality of germinated soybean seeds, from each of which seeds seed coat and radicle have been removed, and separating the cotyledons of each seed so as to expose the cotyledonary node of each seed, whereby a plurality of explants is produced; then
(C) macerating said cotyledonary node, without cutting entirely through each of said explants to the abaxial side thereof, and thereafter maintaining said explants in said first portion, at room temperature, for at least about 30 minutes; then
(D) transferring said explants to a second portion of said medium in solidified form, such that said explants are embedded in said medium, adaxial side up and level with the surface of said medium, and culturing said explants for about 3 days at about 22° C.;
(E) treating said explants in counterselection medium;
(F) cultivating said explants in agarose-solidified selection medium, wherein said explants are embedded adaxial side down in said selection medium, whereby transformed cells in said explants are favored; and then
(G) selecting transformed cells from said explants.

Transformation of cotyledonary nodes of soybean seeds in a medium containing A. tumefaciens, an auxin, and a signal molecule that induces virulence. Transformed tissue is subsequently selected.

Pioneer Hi-Bred

AU 670316 B2

  • Earliest priority - 27 July 1992
  • Filed - 26 July 1993
  • Granted - 11 July 1996
  • Expired - 24 February 2005

Title - An improved method of Agrobacterium-mediated transformation of cultured soybean cells

Claim 1

A genotype-independent method for producing a transgenic soybean plant which comprises:

A) co-cultivating an explant derived from a hypocotyl or cultured cotyledonary nodes of a germinated soybean seed with cells of an Agrobacterium species containing a chimeric gene at a concentration of 108 to 3 x 108 cells/ml and in the presence of a signal compound selected from the group consisting of acetosyringone, alfa-hydroxyacetosyringone, acetovanillone, syringaldehyde, syringic acid, sinapinic acid and mixtures thereof;
B) maintaining a temperature for co-cultivation of from 18 to 28°C; and
C) inducing virulence of the Agrobacterium by decreasing the pH of the plant culture media below pH 6.0.

Transformation of a hypocotyl or a cotyledonary node of a soybean seed by co-cultivation with Agrobacterium in a medium having specific signal compounds that induce Agrobacterium virulence, in order to regenerate transgenic soybean plants.

A divisional patent of now granted AU 670316 has also been granted (AU 691423 B2, expired 24 February 2005), however the claims do not recite an Agrobacterium-mediated transformation method of soybean, but a method to regenerate soybean plants from cotyledonary nodes.

CA 2140910 C

  • Earliest priority - 27 July 1992
  • Filed - 26 July 1993
  • Granted - 23 March 1999
  • Lapsed - 26 July 2005

Title - An improved method of Agrobacterium-mediated transformation of cultured soybean cells

Claim 1

A genotype-independent method for producing a transgenic soybean plant which comprises:

A) co-cultivating an explant derived from a hypocotyl or cultured cotyledonary node of a germinated soybean seed with cells of an Agrobacterium species containing a chimeric gene at a concentration of 108 to 3 x 108 cells/ml and in the presence of a signal compound selected from the group consisting of acetosyringone, alpha-hydroxyacetosyringone, acetovanillone, syringaldehyde, syringic acid, sinapinic acid and mixtures thereof;
B) maintaining a temperature for co-cultivation of from about 22 to about 25°C;
C) inducing virulence of the Agrobacterium by decreasing the pH of the plant culture media below pH 6.0; and
D) regenerating a transgenic soybean plant.

Claims are the same as for the Australian patent AU 670316.

WO 1994/02620 A2

  • Earliest priority - 27 July 1992
  • Filed - 26 July 1993
  • OPI - 3 February 1994

Title - An improved method of Agrobacterium-mediated transformation of cultured soybean cells

Claim 1

A genotype-independent method for producing a transgenic soybean plant which comprises:

a. cocultivating an explant derived from a hypocotyl or cultured cotyledonary nodes of a germinated soybean seed with Agrobacterium species containing a chimeric gene in the presence of a signal compound selected from the group consisting of acetosyringone, a-hydroxyacetosyringone, acetovanillone, syringaldehyde, syringic acid, and sinapinic acid and mixtures thereof;
b. maintaining a temperature for cocultivation of from 18 to 28°C; and
c. inducing virulence of the Agrobacterium by decreasing the pH of the plant culture media below pH 6.0.

PCT application WO 1994/02620 recites a method to produce a transgenic soybean plant.

Remarks
  1. National phase entry of WO 1994/02620 in Europe (EP 652965) is deemed to be withdrawn on 12 march 2003.
  2. National phase entry of WO 1994/02620 in Japan (JP 2952041) has been granted on 20 September 1999, which has lapsed on 9 July 2004. A divisional of now granted JP 2952041 (JP H10/014425) has been rejected by the JPO, the notice of which was sent to the applicant on 20 April 2000.
  3. Other national phase entries of WO 1994/02620 include Argentina (AR 247920), Brazil (BR 9306802), Hungary (HU 70467).

Note: Patent information on this page was last updated on 24 March 2006.

Soybean - Patent assigned to University of Mississipppi

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 5968830

  • Earliest priority - 28 March 1997
  • Filed - 28 March 1997
  • Granted - 19 October 1999
  • Expected expiry - 28 March 2017

Title - Soybean transformation and regeneration methods

Claim 1

A method of regenerating soybeans (G. max) via organogenesis, comprising:

A) obtaining hypocotyl explants from germinated seedlings of soybean plants whose regeneration is desired,
B) maintaining said hypocotyl explants on a shoot induction medium comprising a cytokinin until shoots form at the acropetal end of said hypocotyl explant,
C) excising shoots from said hypocotyl explant and maintaining said shoots on a shoot elongation medium until said shoots are competent on a rooting medium, and maintaining said shoots on a rooting medium until rooted plantlets are formed, and
D) transplanting said plantlets to soil.

Claim 7

A method for transforming soybean plants to express exogenous DNA, comprising:

A) obtaining a hypocotyl explant from germinated seedlings of a soybean plant,
B) maintaining said explant on a shoot induction medium comprising a cytokinin for 16-32 hours,
C) bombarding said explant, with the acropetal end facing up, with microparticles of an inert metal coated with exogenous DNA comprising a plasmid which comprises an expression gene, said expression gene encoding the expression of a protein exogenous to said soybean plant,
D) maintaining said bombarded hypocotyl explant on a medium selective for growth of transformed tissues, followed by maintenance on a shoot elongation medium and preparing plantlets from shoots so obtained.

Claim 10

A method of transforming soybeans, comprising:

A) obtaining a hypocotyl soybean explant from germinated seedlings, and
B) maintaining on its side or upright on a shoot induction medium comprising a cytokinin with a basipetal end thereof submerged in said medium,
C) pre-culturing and/or co-culturing an Agrobacterium strain with a virulence enhancing substance, and
D) adding said pre- or co-cultured bacteria to the acropetal end of said upright hypocotyl explant or by complete submersion,
E) co-incubating said hypocotyl explant for a time sufficient to permit transfection of said hypocotyl explant by said bacteria,
F) disinfecting said hypocotyl explant, maintaining said hypocotyl explant on a shoot induction medium and assaying said explant for expression of introduced foreign DNA, and regenerating hypocotyl explants positive for expression of said DNA.

Transformation of a hypocotyl soybean explant by cultivation with Agrobacterium in a medium having a virulence-inducing signal and cytokinin. A method for regeneration of soybeans (G. max) via organogenesis is also disclosed. Additionally, the explant can be transformed by microbombardment.

University of Mississippi

Note: Patent information on this page was last updated on 27 March 2006.

Squash (Cucurbita pepo)

Summarysquash

The United States patent granted to Asgrow Seeds refers to

Asgrow Seeds was previously a subsidiary of the Upjohn Company, which was sold to Empresas La Moderna (ELM; Mexico) in 1994, and soon after became Seminis Inc.. Seminis is now owned by Monsanto Co. (acquisition signed in 2005).

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 5677157

  • Earliest priority - 20 September 1989
  • Filed - 5 December 1994
  • Granted - 14 October 1997
  • Expired - 16 November 2005

Title - Somatic embryogenesis and transformation of squash

Claim 1

A method of transforming and regenerating squash plants, which comprises:

A) excising shoot tips from germinating squash;
B) transforming embryogenic calli by inoculating the excised squash tissue with Agrobacterium comprising a DNA construct having a beneficial gene and a plant expressible selection marker gene and culturing the resulting explant on an induction media comprising MS media, 2,4,5-T, BAP, and Kn;
C) selectively growing the transformed embryogenic calli on media containing a selection agent for the plant expressible selection marker gene; and
D) subjecting the transformed embryogenic calli to an embryogenic regeneration procedure from which whole transformed squash plants can be obtained.

Claim 4

A method of transforming and regenerating squash plants, which comprises:

A) excising tissue from mature squash seeds;
B) transforming embryogenic calli by inoculating said excised squash tissue with Agrobacterium comprising a DNA construct having a beneficial gene and a plant expressible selection marker gene and culturing on an induction media comprising MS media, 2,4-D or 2,4,5-T, BAP, and Kn;
C) selectively growing the transformed embryogenic calli on media containing a selection agent for the plant expressible selection marker gene; and
D) subjecting the transformed embryogenic calli to an embryogenic regeneration procedure from which whole transformed squash plants can be obtained.

Granted US 5677157 has expired due to non-payment of maintenance fees.

Methods to transform embryogenic calli derived from squash shoot tips and squash seeds with Agrobacterium having a gene of interest. Media for culturing the transformed explant and embryogenic regeneration procedure are claimed.

Additionally, transformation of the same explants by microprojectile bombardment is also claimed. The claims referring to this transformation method are not shown here.

Asgrow Seed Company

WO 1991/04332 A1

  • Earliest priority - 20 September 1989
  • Filed - 22 August 1990
  • OPI - 4 April 1991

Title - Somatic embryogenesis of squash

Claim 1

A method of regenerating and transforming Cucurbita pepo L. (squash) plants, which belong to the family Cucurbitaceae, which comprises

(1) excising squash tissue selected from the group consisting of shoot tips from germinating squash seeds and squash tissue from mature seeds,
(3) producing embryogenic calli from said tissues, being either non-transformed or transformed,
(4) selectively growing the transformed embryogenic call on media containing kanamycin, and
(5) subjecting the transformed embryogenic calli to an embryogenic regeneration procedure from which whole transformed squash plants can be obtained.

PCT application WO 1991/04332 recites a transformation and regeneration method of Cucurbita pepo. Note that the steps in the published document have skipped number 2. Agrobacterium-mediated transformation of C. pepo is recited in dependent claim 7.

The Upjohn Company

Remarks

  1. National phase entry of WO 1991/04332 in Australia (AU 62840/90) has lapsed on 11 June 1992.
  2. National phase entry of WO 1991/04332 in Europe (EP 62840) has been granted on 30 November 1994. Independent claim 1 does not limit the method of transformation to that of Agrobacterium.
  3. National phase entry of WO 1991/04332 in Japan (JP H 05/500308) has been deemed to be withdrawn on 25 November 1997.

Note: Patent information on this page was last updated on 27 March 2006.

Strawberry

Summary

Update July 2003

strawberriesA United States patent was issued to (VPP Corp) DNA Plant Technology Corp. with granted claims disclosing a method to produce transgenic strawberry plants by co-cultivating Agrobacterium carrying a gene of interest with explants in the presence of glucose or fructose.

The US patent is broad with respect to the target tissue used in transformation. The main limitation of the patent is with additives to the culture medium. If the procedure is carried out in medium containing a carbohydrate that is not glucose or fructose or no carbohydrate, it is unlikely there would be infringement.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 6274791

  • Earliest priority - 19 January 1998
  • Filed - 15 January 1999
  • Granted - 14 August 2001
  • Expected expiry - 15 January 2019

Title - Methods for strawberry transformation using Agrobacterium tumefaciens

Claim 1

A method of preparing transgenic strawberry shoots, the method comprising:

(a) contacting strawberry explants with Agrobacterium tumefaciens in a co-cultivation medium prepared using glucose or fructose, thereby producing transformed strawberry explants; and
(b) culturing the transformed strawberry explants in a selection medium prepared using glucose or fructose, thereby producing transformed strawberry shoots.

Granted United States patent US 6274791 recites an Agrobacterium tumefaciens-mediated transformation method of strawberry, where the co-cultivation and selection medium includes glucose or fructose.

DNA Plant Technology Corp.

WO 1999/35903 A1

  • Earliest priority - 19 January 1998
  • Filed - 15 January 1999
  • OPI - 22 July 1999

Title - Methods for strawberry transformation using Agrobacterium tumefaciens

Claim 1

A method for the preparation of transgenic strawberry explants comprising contacting strawberry explants with Agrobacterium tumefaciens in a co-cultivation medium containing glucose or fructose.

Claim 27

A method for the preparation of transgenic strawberry shoots comprising culturing transformed strawberry explants in selection medium containing glucose or fructose.

Claim 35

A method for the preparation of transgenic strawberry plants comprising culturing transformed strawberry shoots in rooting medium containing glucose or fructose.

PCT application WO 1999/35903 recites use of glucose or fructose in the medium that is used for transforming strawberry with Agrobacterium.

Remarks

National phase entry of WO 1999/35903 in Australia (AU 23231/99) has lapsed on 5 October 2000.

Note: Patent information on this page was last updated on 27 March 2006.

Sugar beet

Summary

sugarbeet_inspectionThe invention claimed by Biosem in a granted European patent is directed to the transformation of callus of sugar beet by contacting the calli with Agrobacterium having a vector with a gene of interest. The transformation process takes place in a liquid culture medium.

A transgenic sugar beet plant resistant to the sugar beet necrotic yellow vein virus is also part of the disclosed invention. A cDNA or genomic fragment conferring resistance to this virus is specifically limited to a certain nucleotide sequence that encodes at least part of the protein responsible for the resistance.

Monsanto has recently filed applications in Australia, United States and a PCT application related to a method for transforming a sugar beet leaf with Agrobacterium. The transformed leaf is initially derived from a selected region of a sugar beet seedling.

The following table presents basic bibliographic data and a summary of the inventions. Full text of the granted European patent and the PCT application can be accessed as PDF.

Sugar beet
Assigned to Biosem
Issued patents
Patent No. Issue date Summary of the claims

EP 517833 B1

Full patent text

November 2, 1995

Method for transforming calli of sugar beet by contacting a suspension of them with Agrobacterium having a vector with a gene to be introduced into the plant cells. The gene of interest confers resistance to the infection caused by the sugar beet necrotic yellow vein virus.

View Claims

Remarks: Granted French patent FR 2658987 B1 is not analyzed.

Assigned to Monsanto

Applications
Application No. Publication date Summary of the claims

WO 01/42480 A2*

Full patent application text
(1,181 kb)

June 14, 2001

A method for preparing transgenic sugar beet cells by selecting part of the cotyledon and hypocotyl region of a sugar beet seedling and micropropagating this part to form a shoot, from which a leaf is selected and put in contact with Agrobacterium cells. The Agrobacterium cells contain a vector with an exogenous gene. Transgenic sugar beet plants capable of expressing the exogenous gene are also recited in the claims. View Claims

US 2001/42257 A1*

Full patent application text
(880 kb)

November 15, 2001

The filed claims are worded the same as the claims of the related PCT patent application. View Claims

Remarks: A related application was also filed in Australia (AU 200125757 A5).

*It is important to remember that applications are not issued patents and the claims as filed have not been approved by any country. Thus, they are non-binding.

Sugar beet - Patent granted to Biosem

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

EP 517833 B1

  • Earliest priority - 2 March 1990
  • Filed - 1 March 1991
  • Granted - 2 November 1995
  • Expected expiry - 1 March 2011

Title - Regeneration and genetic transformation of sugarbeet

Claim 1

Method for transforming plant cells belonging to species Beta vulgaris, characterized in that it comprises the bringing into contact of the dispersion of friable white calluses in a liquid plant cell culture medium containing 0 to about 3.0 mg/liter of the cytokinin, or of a suspension of friable white calluses in a liquid plant cell culture medium containing about 0.1 to about 3.0 mg/liter of the cytokinin, with Agrobacterium containing a vector carrying a gene intending to be introduced into the plant cells, following by co-culturing the plant cells and the bacteria in order to give rise to transformed friable calluses.

Claim 21

Transgenic plant belonging to the Beta vulgaris species and resistance to infection by the sugar beet necrotic yellow vein virus (BNYVV), the said plant being transformed in a stable manner by a nucleic acid fragment whose expression product is capable of conferring the said resistance, the said fragment being derived from the 5' end of genomic or subgenomic RNA2 of BNYVV, or from the corresponding cDNA, this fragment encoding at least a portion of the proteins encoded by nucleotides 145 to 3285 of the wild type sequence of RNA2, and being under the control of a promoter allowing the expression of the fragment in the plant cells and being in this sense or antisense orientation.

Granted European patent EP 517833 is a national phase  entry of WO 1991/13159 (publication in French).

Designated contracting States at the time of grant are: Austria, Belgium, Switzerland, Germany, Denmark, Spain, France, United Kingdom, Greece (patent lapsed as reported by INPADOC), Italy, Liechtenstein, Luxembourg, Netherlands, Sweden

Method for transforming calli of sugar beet by contacting a suspension of them with Agrobacterium having a vector with a gene to be introduced into the plant cells. The gene of interest confers resistance to the infection caused by the sugar beet necrotic yellow vein virus.

Biosem

Remarks

Related patent granted in France (FR 2658987) on 14 April 1995.

Note: Patent information on this page was last updated on 27 March 2006.

Sugar beet - Patent applications filed by Monsanto

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

WO 2001/42480 A2

  • Earliest priority - 7 December 1999
  • Filed - 6 December 2000
  • OPI - 14 June 2001

Title - Sugarbeet regeneration and transformation

Claim 1

A method for the preparation of transgenic sugarbeet cells, the method comprising:

A) selecting a sugarbeet seedling, the seedling comprising a cotyledon region and a hypocotyl region;
B) removing the cotyledon region and upper half of the hypocotyl region from the seedling;
C) contacting the cotyledon region and upper half of the hypocotyl region with micropropagation media to form a micropropagated shoot, the micropropagated shoot comprising at least one leaf or portion thereof comprising a leaf base;
D) removing a leaf from the micropropagated shoot at the leaf base; and
E) contacting the leaf at the leaf base with Agrobacteria in a manner forming a tissue comprising a transgenic sugarbeet cell, capable of expressing an exogenous structural nucleic acid sequence wherein:
the Agrobacteria comprises a vector; and
the vector comprises operatively linked in the 5' to 3' orientation:

  1. a promoter that directs transcription of an exogenous structural nucleic acid sequence;
  2. an exogenous structural nucleic acid sequence; and
  3. a 3' transcription terminator.
Claim 7

A method for the preparation of a transgenic sugarbeet plant, the method comprising:

A) selecting a sugarbeet seedling, the seedling comprising a cotyledon region and a hypocotyl region;
B) removing the cotyledon region and upper half of the hypocotyl region from the seedling;
C) contacting the cotyledon region and upper half of the hypocotyl region with micropropagation media to form a micropropagated shoot, the micropropagated shoot comprising at least one leaf or portion thereof comprising a leaf base;
D) removing a leaf from the micropropagated shoot at the leaf base;
E) contacting the leaf base with Agrobacteria in a manner forming a tissue comprising a transgenic sugarbeet cell;
F) culturing said tissue to form a transgenic shoot;
G) culturing the transgenic shoot to form a transgenic rooted shoot; and
H) growing the transgenic rooted shoot to form a transgenic sugarbeet plant capable of expressing an exogenous structural nucleic acid sequence, wherein:

the Agrobacteria comprise a vector; and
the vector comprises operatively linked in the 5' to 3' orientation:

  1. a promoter that directs transcription of an exogenous structural nucleic acid sequence;
  2. an exogenous structural nucleic acid sequence; and
  3. a 3' transcription terminator.

A method for preparing transgenic sugar beet cells by selecting part of the cotyledon and hypocotyl region of a sugar beet seedling and micropropagating this part to form a shoot, from which a leaf is selected and put in contact with Agrobacterium cells. The Agrobacterium cells contain a vector with an exogenous gene. Transgenic sugar beet plants capable of expressing the exogenous gene are also recited in the claims.

Monsanto

US 2001/42257 A1

  • Earliest priority - 7 December 1999
  • Filed - 6 December 2000
  • Abandoned - 18 March 2004

Title - Sugarbeet regeneration and transformation

Claim 1

A method for the preparation of transgenic sugarbeet cells, the method comprising:

A) selecting a sugarbeet seedling, the seedling comprising a cotyledon region and a hypocotyl region;
B) removing the cotyledon region and upper half of the hypocotyl region from the seedling;
C) contacting the cotyledon region and upper half of the hypocotyl region with micropropagation media to form a micropropagated shoot, the micropropagated shoot comprising at least one leaf or portion thereof comprising a leaf base;
D) removing a leaf from the micropropagated shoot at the leaf base; and
E) contacting the leaf at the leaf base with Agrobacteria in a manner forming a tissue comprising a transgenic sugarbeet cell, capable of expressing an exogenous structural nucleic acid sequence wherein:
the Agrobacteria comprises a vector; and
the vector comprises operatively linked in the 5' to 3' orientation:

  1. a promoter that directs transcription of an exogenous structural nucleic acid sequence;
  2. an exogenous structural nucleic acid sequence; and
  3. a 3' transcription terminator.
Claim 7

A method for the preparation of a transgenic sugarbeet plant, the method comprising:

A) selecting a sugarbeet seedling, the seedling comprising a cotyledon region and a hypocotyl region;
B) removing the cotyledon region and upper half of the hypocotyl region from the seedling;
C) contacting the cotyledon region and upper half of the hypocotyl region with micropropagation media to form a micropropagated shoot, the micropropagated shoot comprising at least one leaf or portion thereof comprising a leaf base;
D) removing a leaf from the micropropagated shoot at the leaf base;
E) contacting the leaf base with Agrobacteria in a manner forming a tissue comprising a transgenic sugarbeet cell;
F) culturing said tissue to form a transgenic shoot;
G) culturing the transgenic shoot to form a transgenic rooted shoot; and
H) growing the transgenic rooted shoot to form a transgenic sugarbeet plant capable of expressing an exogenous structural nucleic acid sequence, wherein:

the Agrobacteria comprise a vector; and
the vector comprises operatively linked in the 5' to 3' orientation:

  1. a promoter that directs transcription of an exogenous structural nucleic acid sequence;
  2. an exogenous structural nucleic acid sequence; and
  3. a 3' transcription terminator.

According to the USPTO, this application has been abandoned due to failure of the applicant to respond to an office action. There are no continuity data reported as yet.

The filed claims are worded the same as the claims of the related PCT patent application.

Remarks
  1. National phase entry of WO 2001/42480 in Australia (AU 2001/25757) and Canada (CA 2395365) have both lapsed (AU 2001/25757 lapsed on 15 August 2002; CA 2395365 lapsed on 6 December 2004).
  2. Other national phase entries of WO 2001/42480 include Czech Republic (CZ 20022139), Poland (PL 356025), Slovakia (SK 200200804),

Note: Patent information on this page was last updated on 28 March 2006.

Tomato

Summary

tomatoes-halvedIn a United States granted patent Calgene discloses methods to transform tomato cotyledons with A. tumefaciens having a gene of interest. The construct to be integrated into the tomato cells contains transcription initiation and termination regulatory regions, a gene of interest and at least a right T-DNA border. In one of the claimed methods, the bacterium carries binary vectors. Tomato cells resistant to the herbicide glyphosate are also part of the invention.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 5565347

  • Earliest priority - 10 June 1986
  • Filed - 30 August 1993
  • Granted - 15 October 1996
  • Expected expiry - 15 October 2013

Title - Transformation and foreign gene expression with plant species

Claim 1

A transformed Lycopersicon esculentum cotyledon cell, wherein said cell is present in an in vitro cell culture.

Claim 2

A method for transforming tomato species cells, said method comprising:

A) pre-incubating tomato cotyledon sections with medium conditioned by a plant cell feeder culture;
B) co-cultivating said cotyledon sections with Agrobacterium tumefaciens cells comprising vir genes, wherein said Agrobacterium cells further comprise DNA construct comprising:
(i) transcriptional initiation and termination regulatory regions functional in tomato plant cells and
(ii) a gene other than the wild-type gene associated with at least one of said transcriptional initiation and termination regions, and
(iii) at least a right T-DNA border, whereby said construct becomes integrated into the genome of cells in said cotyledon section to provide transformed tomato plant cells; C) incubating said transformed tomato plant cells in a regeneration medium comprising a bacteriocide and a means for selection of said transformed tomato plant cells as the result of a marker on said DNA construct, whereby transformed tomato shoots develop; and
D) transferring said transformed shoots to a rooting medium to produce transformed tomato plants.

Claim 9

A method for modifying the genotype of tomato plant cells, said method comprising:

A) pre-incubating tomato cotyledon sections with medium conditioned by a plant cell feeder culture,
B) contacting said cotyledon sections with a culture of a disarmed Agrobacterium tumefaciens strain comprising vir genes and a binary vector plasmid comprising at least the right T-DNA border and a gene of interest, wherein said gene of interest is under regulatory control of transcriptional initiation and termination regions functional in tomato plant cells, and wherein said gene of interest is integrated into the genome of cells in said tomato cotyledon sections, and
C) isolating said tomato cells comprising said integrated gene of interest.

Claim 16

A method for transforming tomato species cells, said method comprising:

A) co-cultivating tomato cotyledon sections with Agrobacterium tumefaciens cells comprising vir genes, wherein said Agrobacterium cells further comprise a DNA construct comprising transcriptional initiation and termination regulatory regions functional in tomato plant cells and a gene other than the wild-type gene associated with at least one of said transcriptional initiation and termination regions, and at least a right T-DNA border, whereby said construct becomes integrated into the genome of cells in said cotyledon section to provide transformed tomato plant cells;
B) incubating said transformed tomato plant cells in a regeneration medium comprising a bacteriocide and a means for selection of said transformed tomato plant cells as the result of a marker on said DNA construct, whereby transformed tomato shoots develop; and
C) transferring said transformed shoots to a rooting medium to produce transformed tomato plants.

Claim 19

A method for modifying the genotype of tomato plant cells, said method comprising:

A) contacting tomato cotyledon sections with a culture of a disarmed Agrobacterium tumefaciens strain comprising vir genes and a binary vector plasmid comprising at least the right T-DNA border and a gene of interest, wherein said gene of interest is under regulatory control of transcriptional initiation and termination regions functional in tomato plant cells, and wherein said gene of interest is integrated into the genome of cells in said tomato cotyledon sections, and
B) isolating said tomato cells comprising said integrated gene of interest.

Transformation of tomato cotyledon sections with A. tumefaciens carrying a construct with a foreign gene. Transformed tissues are regenerated into tomato plants. Disarmed A. tumefaciens having a binary vector with a foreign gene is used to transform tomato cells.

Calgene Inc.

Remarks
  1. Related application in Australia (AU 73351/87) has lapsed on 17 January 1991.
  2. Related application in China (CN 87104202) has been withdrawn on 12 December 1990.
  3. Related application in Europe (EP 249432) has been deemed to be withdrawn on 20 March 1991.
  4. Related application in New Zealand (NZ 220642) has been granted and registered on 26 April 1996 and has expired.
  5. Other related patent documents in Israel (IL 82704) and Japan (JP S63/068088).

Note: Patent information on this page was last updated on 28 March 2006.

Woody tree species

The forestry industry --which relies on woody tree species-- is a major economical factor for several countries. Tree species like Eucalyptus and Pinus are very important in the paper and cellulose industry. Because of their long generation times, novel breeding methodologies are sought to introduce disease resistance genes, influence lignin production or modulate flowering time for example. Patents covering transformation technologies could be of commercially strategic relevance.

Summary

Specific Patent Information

Patent Number

Tite, Independent Claims and Summary of Claims

Assignee

WO 2002/14463 A2

  • Earliest priority - 18 August 2000
  • Filed - 16 August 2001
  • OPI - 21 February 2002
  • International search report (A3) - 6 May 2004
  • Modified first page (C1) - 1 July 2004

Title - Method for genetic transformation of woody trees

Claim 1

METHOD FOR GENETIC TRANSFORMATION OF WOODY TREES, which comprises the following steps:
-sterilization and washing of seeds of woody trees;
-transference of said seeds to an appropriate medium of culture;
-germination for a period between about 2 and 17 days;
-collection of germinated material;
-inoculation with Agrobacterium, containing one or more genes of interest and optionally one or more marker genes, under concentration between about 10E+7 and 10E+9 cells per ml;
-await inoculation between about 20 and 30 hours in a liquid medium;
-transference of the material to a solid medium for a period between about 38 and 50 hours in the dark, under temperature between about 25 and 31 C and ambient humidity;
-transference of the material to start plantlet growth in the light;
-withdrawal of a plantlet leaf obtained between about 5 and 17 days during growth in the light;
-transference of the plantlet leaf to the MS medium containing auxins derived from urea;
-await germination of the plant tissue for approximately 20 days; and
-identification and selection of the transformed plantlets.

Claim 2

METHOD FOR GENETIC TRANSFORMATION OF WOODY TREES, which comprises the following steps:
-sterilization and washing of seeds of woody trees;
-transference of said seeds to an appropriate medium of culture;
-germination for a period between about 2 and 17 days;
-collection of germinated material;
-sonication of the material as collected ; inoculation with Agrobacterium, containing one or more genes of interest and optionally one or various marker genes, under concentration between about 107 and 109 cells per ml;
-await inoculation between about 20 and 30 hours in a liquid medium;
-transference of the material to a solid medium for a period between about 38 and 50 hours in the dark, under temperature between about 25 and 31 C and ambient humidity;
-transference of the material to start the plantlet growth in the light;
-withdrawal of a plantlet leaf obtained between about 5 and 17 days during growth in the light;
-transference of the plantlet leaf to the MS medium containing auxins derived from urea;
-await germination of the plant tissue for approximately 20 days and
-identification and selection of transformed plantlets.

Claim 9

METHOD TO OBTAIN TRANSGENIC WOODY TREE PLANTS, which comprises the following steps:
-sterilization and washing of seeds of woody trees;
-transference of said seeds to an appropriate medium of culture;
-germination for a period between about 2 and 17 days;
-collection of germinated material;
-inoculation with Agrobacterium, containing one or more genes of interest and optionally one or more marker genes, under concentration between about 107 and 109 cells per ml;
-await inoculation between about 20 and 30 hours in a liquid medium ;
-transference of the material to a solid medium for a period between about 38 and 50 hours in the dark, under temperature between about 25 and 31 C and ambient humidity;
-transference of the material to start the plantlet growth step in the light;
-withdrawal of a plantlet leaf obtained between about 5 and 17 days during growth in the light;
-transference of plantlet leaf to the MS medium containing auxins derived from urea;
-await germination of the plant tissue for approximately 20 days;
-identification and selection of transformed plantlets;
-maintaining transforming plantlets in a multiplication and elongation medium for about 20 days;
-regeneration of the final transformed plant from one of the following regions hypocotyl; cotyledon; primary leaves and col.

A method for transformation of woody trees using pre-germinated seed as target tissue for Agrobacterium-mediated transformation.

Companhia Suzano de Papel e Celulose and Universidade De Sao Paulo

Remarks

  1. National phase entry of WO 2002/14463 in Australia (AU 2001/279510) is pending.
  2. National phase entry of WO 2002/14463 in China (CN 1630723) is pending.
  3. National phase entry of WO 2002/14463 in Europe (EP 1448777) is pending.
  4. National phase entry of WO 2002/14463 in the United States (US 2004/055041) is pending.
  5. Other national phase entries of WO 2002/14463 include Brazil (BR 200113455), South Africa (ZA 200301299).

EP 0870838 A2

  • Earliest priority - 5 March 1997
  • Filed - 4 March 1998
  • Application pending

Title - Procedure for the genetic transformation of adult plants of woody species

Claim 1

A genetic transformation procedure for adult plants of woody species which consists of:

  • inoculating explants of adult tissue of woody species, from the first shoots of the grafts of buds of adult plants of woody species on stocks, with appropriate vectors which carry the genes which encode the characteristics of interest, under conditions which permit the development of transgenic shoots; and
  • micrografting in vitro said transgenic shoots, their buds or apices, on stock cultivated in vitro and,
  • subsequently, grafting the resulting micrografted plants onto other stocks which give vigor and let the taken shoots grow to generate complete adult transgenic plants, or directly transplanting the in vitro micrografted plants into the soil, to give complete adult transgenic plants.

A procedure for transformation of adult woody species with appropriate vectors, which is not limited to Agrobacterium. Adult tissue is grafted on stocks to generate new buds or apices that are used as target tissue for transformation followed by in vitro micrografting of transgenic shoots.

Remarks

  1. Related United States patent US 6103955 recites an Agrobacterium-mediated transformation method of citrus (see section on citrus).
  2. Other related patent application filed in Spain (ES 2151338). 

Note: Patent information on this page was last updated on 28 March 2006.

Conifers

Summary

Botanical aspects

Conifers is a major group within the Gymnosperms plants (plants with naked seeds that appear in a cone). They usually have needle-shaped or scale-like leaves, and nearly all are evergreen. The trees have a conical shape and have cones for pollen and seed production.

Within Conifers, Pinus is the largest genus with about 120 species. It is also the most widespread genus of trees in the Northern Hemisphere. The natural distribution of pines ranges from arctic and subarctic regions of Eurasia and North America to subtropical and tropical (usually montane) regions of Central America and Asia. Pines are also extensively planted in temperate regions of the Southern Hemisphere. Many pines are fast growing species tolerant of poor soils and relatively arid conditions, making them popular in reforestation. Due to their occurrence in some very cold and dry environments where disease and stand-destroying disturbance are rare, pines are collectively the most long-lived of conifers. Ages of over 1000 years are common for some pine species.

Important pine products include wood, turpentine, and edible seeds. The wood of several Pinus species (e.g. P. elliottii) is widely used for construction. Synthetic products derived from turpentine (e.g. terpin, anethole, camphor, and dl-menthol) are used in pharmaceutical preparations (e.g. expectorant in humans), in perfumery, in the elaboration of cigarettes, cosmetics, toilet products, and to impart flavor in different products.

IP aspects

There are a couple of patents directed to transformation of conifers by microprojectile bombardment, but very few related to transformation through Agrobacterium.

A United States patent on transformation of pine tissue with Agrobacterium was granted to North Carolina State University in 1989. The patent claims a method for the transformation of a differentiated tissue of pine with A. tumefaciens. The strain of A. tumefaciens used for transformation can be selected from: a strain capable of causing crown gall, a strain with a co-integrated Ti-plasmid and a strain with a binary vector system.

Recently, Genesis Research and Development Corporation has filed a United States patent application directed to transformation of nodal stem segments of a plant from the genus Pinus with Agrobacterium.

Conifers - Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 4886937

  • Earliest priority - 20 May 1985
  • Filed - 22 June 1988
  • Granted - 12 December 1989
  • Expected expiry - 20 May 2005

Title - Method for Transforming Pine

Claim 1

A method for transforming pine, comprising inoculating differentiated pine tissue with a strain of Agrobacterium tumefaciens selected from the group consisting of (i) a strain containing a Ti plasmid which is capable of causing crown gall in said pine, (ii) a strain containing a plasmid comprising the vir region of said Ti plasmid and TDNA borders, and (iii) a strain containing a first plasmid comprising the vir region of said Ti plasmid and a second plasmid comprising TDNA borders.

Claim 5

A transformed pine comprising differentiated pine tissue, said differentiated pine tissue comprising cells transformed by a strain of Agrobacterium tumefaciens selected from the group consisting of (i) a strain containing a Ti plasmid which is capable of causing crown gall in said pine, (ii) a strain containing a plasmid comprising the vir region of said Ti plasmid and TDNA borders, and (iii) a strain containing a first plasmid comprising the vir region of said Ti plasmid and a second plasmid comprising TDNA borders.

A method for transforming a differentiated pine tissue with a strain of A. tumefaciens selected from: a strain capable of causing crown gall in pines, a strain with a Ti-plasmid having both the vir genes and the T-borders and a strain having two plasmids, one with the vir genes and the other with the T-borders. A transformed pine attained with the mentioned method is also claimed.

North Carolina State University

US 2002/16981 A1

  • Earliest priority - 15 September 1998
  • Filed - 20 March 2001
  • Abandoned - 6 October 2003 (failure to respond to an office action)

Title - Methods for Producing Genetically Modified Plants, Plant Materials and Plant Products Produced Thereby

Claim 1

A method for producing genetically modified plant material of the Eucalyptus or Pinus species, comprising:

(a) culturing nodal stem segments of a target plant selected from the Eucalyptus and Pinus species;

(b) transforming the stem segments with a genetic construct by incubating the nodal stem segments with an Agrobacterium culture transformed with the genetic construct;

(c) promoting regeneration of adventitious shoot buds from the transformed stem segments;

(d) selecting transformed adventitious shoot buds; and

(e) regenerating transformed plant material from the transformed adventitious shoot buds.

A method for producing genetically modified material of Pinus by incubating nodal stem segments with an Agrobacterium culture transformed with a genetic construct. Transformed plant material is regenerated from transformed adventitious shoot buds. The invention also includes transformation of Eucalyptus species. This part is discussed under Particular dicots - Eucalyptus.

Genesis Research and Development Corporation

 Remarks

  1. US 2002/0016981 was a continuation-in-part of now granted US 6255559, which is the priority document of WO 2000/15813. Claim 1 of WO 2000/15813 does not limit the type of plant to be transformed.
  2.  Related applications also filed in Brazil (BR 9913740 A), Indonesia (ID 29949) and South Africa (ZA 200101818). Granted United States patent US 6 255 559 is also related to this application, but Agrobacterium -mediated transformation of Pinus is not the subject matter of the invention.
  3. National phase entry of WO 2000/15813 in Australia (AU 61270/99), Canada (CA 2341781), China (CN 1326510), Europe (EP 1114169), New Zealand (NZ 510474) are deemed lapsed/withdrawn.

WO 2002/031112 A2

  • Earliest priority - 10 October 2000
  • Filed - 10 October 2001
  • OPI - 18 April 2002

Title - Enhanced transformation and regeneration of transformed embryogenic pine tissue

Claim 1

A method for regenerating transgenic plants of pine of the genus Pinus subgenus Pinus which comprises:

(A) subjecting pine cells to Agrobacterium infection for Agrobacterium transformation;
(B) minimizing damage to cells subsequent to Agrobacterium infection;
(C) rapidly selecting transformed cells;
(D) culturing said transformed cells to produce transgenic somatic embryos; and
(E) germinating said transgenic somatic embryos to produce transgenic plants.

Claim 25

A method for regenerating transgenic plants of pine of the genus Pinus subgenus Pinus which comprises:

(A) subjecting pine cells to Agrobacterium infection for Agrobacterium transformation;
(B) eradicating Agrobacterium;
(C) minimizing damage to cells during and subsequent to Agrobacterium eradication;
(D) rapidly selecting transformed cells;
(E) culturing said transformed cells to produce transgenic somatic embryos; and
(F) germinating said transgenic somatic embryos to produce transgenic plants.

Claim 39

A method for minimizing damage to transformed cells of pine of the genus Pinus subgenus Pinus following infection by Agrobacterium for Agrobacterium transformation  which comprises:

(a) washing transformed cells in a liquid wash medium;
(b) plating said cells on a support membrane;
(c) resuspending said cells in a liquid wash medium; and
(d) recovering washed, transformed cells with minimal physical damage.

Claim 46

A method for pine cell tissue culture which comprises culturing pine cells on a support membrane placed over a gel medium.

Claim 52

A method for selecting transformed cells of pine of the genus Pinus subgenus Pinus which comprises:

(A) culturing cells which have been subjected to transformation on a support membrane placed over a gel medium;
(B) contacting said cells with a selection agent; and
(C) selecting transformed cells.

Claim 58

A method for eradicating Agrobacterium from cells of pine of the genus Pinus subgenus Pinus which comprises:

(A) culturing cells on a support membrane over a layer containing an eradicant, said layer positioned in or over a gel medium; and
(B) recovering cells from which said Agrobacterium contaminant has been eradicated.

This patent document was retrieved on the BIOS Patent Lens using the terms "((conifer or pine or pinus) in the title or abstract) and (transform* in the title or abstract)".

Claims in this application recite a method of Agrobacterium-mediated transformation of pine cells, where physical damage of cells after  Agrobacterium infection is kept to a minimum (e.g. by use of vessels or support membranes).

Westvaco Corporation

Remarks
  1. National phase entry of WO 2002/031112 in Australia (AU 1308102 A), Canada (CA 2424313 A1), and United States (US 2002100083 A1) are pending.
  2. Related patent applications also filed in Brazil (BR 0114563 A) and South Africa (ZA 200303570 A).
  3. National phase entry of WO 2002/031112 in New Zealand (NZ 525632) has been published as granted on 24 September 2004.

Note: Patent information on this page was last updated on 21 February 2006.

Marine algae

Summary

Algal aspects

Algae are relatively undifferentiated organisms which, unlike plants, have no true roots, leaves, flowers or seeds. They are found in marine, freshwater and terrestrial habitats. Their size varies from tiny microscopic unicellular forms of 3-10 µm (microns) to large macroscopic multicellular forms up to 70 meters long and growing at up to 50 cm per day. Algae do not have water-conducting tissues, as they are, at some stage, surrounded by water, which is also important for reproduction by spores. The spores may be motile or non-motile. Most of the algae are photosynthetic organisms that have chlorophyll. Apart from chlorophyll, they contain additional pigments, which are the basis of classification.

Phytoplankton, seaweeds and symbiotic dinoflagellates (unicellular, biflagellate organisms) in corals and sea anemones are marine algae. Seaweeds are classified as Green algae (Chlorophyta), Brown algae (Phaeophyta), Red algae (Rhodophyta) and some filamentous Blue-green algae (Cyanobacteria). Most of the seaweeds are red (6000 species) and the rest known are brown (2000 species) or green (1200 species). Seaweeds are used in many maritime countries as a source of food, for industrial applications and as a fertilizer. Nori (Porphyra spp.), a Japanese red seaweed, is very popular in the Japanese diet, has a high protein content (25-35% of dry weight), vitamins (e.g. vitamin C) and mineral salts, especially iodine. Industrial utilization is at present largely confined to extraction for phycocolloids, industrial gums classified as agars, carrageenans and alginates. Agars, extracted from red seaweeds such as Gracilaria , are used in the food industry and in laboratory media culture. Carrageenans, extracted from red seaweeds such as Chondrus, Gymnogongrus, and Eucheuma among others, are used to provide particular gel qualities. Alginates are derivatives of alginic acid extracted from large brown algae such as Laminaria. They are used in printers' inks, paints, cosmetics, insecticides, and pharmaceutical preparations. In the USA, alginates are used as stabilizers in ice cream and also as a suspending agent in milk shakes. In 1995, the estimated value of international seaweed gums market was $560 million dollars.

IP aspects

Northeastern University, in the United States, has filed a PCT application related to transformation of multicellular marine algae via Agrobacterium. Marine algae are defined by the applicants as non-angiosperm photosynthetic eukaryotic organisms that live in the ocean or in saline water. According to the disclosure, marine algae could serve as a source of valuable pharmaceutical compounds through genetic engineering. They naturally have a very high protein content and are easy to grow for biomass.

With respect to genetic transformation, the applicants claim to provide a stable method for genetic transformation of multicellular marine algae. The method comprises wounding the outer cell wall layer of an alga in order to facilitate the access of Agrobacterium T-DNA with a gene of interest. The transformation of algal cells takes place in an environment containing seawater to ensure the survival of the transformed algae. To exemplify their invention, the applicants describe the transformation of the red alga Porphyra, known as nori, for which worldwide production is estimated at $1.5 billion dollars annually.

Algae transformation - Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

WO 2000/62601 A1

  • Earliest priority - 15 April 1999
  • Filed - 14 April 2000
  • OPI - 26 October 2000

Title - Agrobacterium-mediated genetic transformation of multicellular marine algae, resultant strains and their products

Claim 1

A method for causing genetic transformation of multicellular marine algae, said method comprising:

A) culturing cells of a transformation-competent Agrobacterium species, said cells containing a Ti plasmid that contains a gene of interest;
B) wounding a multicellular marine algae to be transformed in a manner that is sufficient to penetrate at least the cuticle, or outer cell wall layer of said alga;
C) applying cells of said transformation-competent Agrobacterium species to wounded cells of said alga; and
D) co-culturing said applied cells of said Agrobacterium species with said wounded algal cells for a time sufficient to effect transformation of some of said algal cells.

Claim 20

A stable transgenic multicellular marine algae, said alga comprising a DNA sequence coding for a gene foreign to said alga, wherein said alga is further capable of expressing said DNA sequence and of transferring said expressible DNA sequence to progeny of said alga.

Claim 22

A transgenic strain of marine algae comprising and capable of expressing a DNA sequence coding for an antigen of a pathogenic microorganism or an antigenic determinant thereof, wherein said antigen or antigenic determinant thereof is capable of eliciting a secretory immune response in a human or other animal upon oral administration of cellular material from said algae.

Claim 23

A transgenic strain of marine algae with enhanced disease resistance to marine fungi compared to a non-transformed said strain.

Claim 24

A transgenic strain of marine algae capable of producing a compound having an enhanced health benefit compared to a non-transformed said strain.

Claim 26

A method for eliciting a secretory immune response in a human or other animal, said method comprising:

  • orally administering an effective amount of a composition comprising transgenic marine algae, or tissue thereof,
    wherein said transgenic algae, or algal tissue, comprise and are capable of expressing a DNA sequence coding for an antigen of a pathogenic microorganism or an antigenic determinant thereof,
    wherein said antigen or antigenic determinant thereof is capable of eliciting a secretory immune response in a human or other animal upon oral administration of cellular material from said algae.

The claims as filed of the present PCT application recite:

  • a method for the transformation of multicellular marine algae with Agrobacterium by
    • wounding the cuticle of the algae
    • applying competent Agrobacterium containing a gene of interest to the wounded alga; and
    • co-culturing both Agrobacterium and algal cells allowing enough time for the transformation process
  • a stable transgenic marine alga capable of expressing a foreign sequence and transferring such sequence to its progeny;
  • transgenic strains of marine algae comprising:
    • antigens as elicitors for human or animal immune response
    • resistance to marine fungi
    • a compound for health benefit
  • a method to elicit human or animal immune response by orally administering a transgenic alga or algal tissue containing an antigen that acts as an elicitor of an immune response.

Northeastern University

Remark

The present PCT application has passed the deadline to enter national phase (30 or 31 months from filing depending on the country), therefore will not have any patents granted from this particular application.

Note: Patent information on this page was last updated on 9 February 2006.

Fungi

Summary

"Fungal" aspects

Fungi constitute one of the life kingdoms. Fungi are eukaryotic (eu=true; karyon=nucleus) organisms with a cell wall like plants, but they do not have chlorophyll. Fungi are not able to ingest their food like animals do, nor can they manufacture their own food the way plants do. Instead, fungi feed by absorption of nutrients from the surrounding environment. They accomplish this by growing through and within the substrate on which they are feeding.

Fungi are divided into two big groups: yeasts and moulds. Yeasts are solitary rounded forms that reproduce by making more rounded forms through mechanisms such as budding or fission. Moulds, on the other hand, have bodies composed of thread-like long cells called hyphae. Thus, moulds are also known as filamentous fungi. The filamentous cells are connected end-to-end and grow in a branching fashion forming a network called mycelium. The mycelium that grows over and within a substrate that is used as a source of nourishment is called vegetative mycelium. In the life cycle, the vegetative mycelium may give rise to a large organized reproductive structure called fruit body, which bears the reproductive cells or spores and is produced solely for the release of spores.

In taxonomic terms, moulds are present in all five divisions of Eumycota (Eu=true; mycota=fungus): Mastigomycotina (e.g. Phytophtora , Achlya), Zygomycotina (e.g. Rhizopus, Mucur), Ascomycotina (e.g. some species of Aspergillus, Neurospora ), Basidiomycotina (e.g. Agaricus, Pleurotus) and Deuteromycotina (e.g. Fusarium, Trichoderma).

Filamentous fungi or moulds are vital for the maintenance of ecosystems. By breaking down dead organic material, they continue the cycle of nutrients through ecosystems. Some of them act as plant pathogens causing severe crop losses from disease and post-harvest food spoilage. In the reagent industry and medicine areas, filamentous fungi are the source of commercial enzymes, organic acids, and numerous drugs such as antibiotics (e.g. penicillin, cefalosporin). Among filamentous fungi are highly appreciated edible fungi such as Agaricus bisporus, the popular cultivated mushroom; Pleurotus spp., the "oyster mushroom", Tuber spp., "truffles", and Morchella spp., "Morels", among others. Thus, in many areas, the industrial production of genetically engineered fungi has tremendous potential.

IP aspects

The selected patents and patent applications presented in this section are directed to transformation of moulds or filamentous fungi with Agrobacterium.

There are two institutions that have filed patent applications related to Agrobacterium-mediated transformation of filamentous fungi: Unilever N.V., in The Netherlands, has a granted United States patent and several applications around the world, and The Penn State Research Foundation, in the United States, has a PCT and a United States patent application.

Unilever's invention is directed to a transformed mould with A. tumefaciens having a vector containing an expressible gene between T-DNA borders. Although the Penn State 's invention also refers to the transformation of a mould, which the inventors called filamentous fungi, they limit the invention to a particular tissue to be transformed: the fruit body tissue of a filamentous fungi. Unilever does not claim the transformation of any tissue in particular, and their claims are therefore broader in that respect. In addition, some of the claims filed in the Penn State's applications are also directed to the transformation of a particular filamentous fungus: Agaricus bisporus , the cultivated mushroom.

In conclusion

Granted patent and patent application filed by Unilever Patent Holdings B.V.

Unilever discloses in its applications a process for producing a transformed mould with A. tumefaciens. In the method, an A. tumefaciens vector containing at least one expressible gene is introduced into the mould.

Moulds are defined by the inventors to include fungi from all five subdivisions of the division Eumycota. The examples in the disclosures include fungi from the genera Aspergillus, Fusarium, Trichoderma, Neurospora and Colletotrichum. The first three genera contain species important in large scale fermentation and production of homologous and heterologous proteins. Other species within these genera are fungal pathogens and fungi that serve as important model organisms for basic research.

Specific Patent Information

Patent Number

Title, Independent Claims and Summary of Claims

Assignee

US 6255115

  • Earliest priority - 7 April 1997
  • Filed - 7 October 1999
  • Granted - 3 July 2001
  • Expected expiry - 7 October 2019

Title - Agrobacterium-mediated transformation of moulds, in particular those belonging to the genus Aspergillus

Claim 1

A process for producing a transformed mould, comprising: A) inserting a DNA fragment containing at least one expressible gene to be introduced into a mould into a vector of Agrobacterium tumefaciens between the T-DNA borders present in that vector;
B) introducing the vector containing the DNA fragment between the T-DNA borders into an Agrobacterium tumefaciens strain containing a vir region in its DNA;
C) inducing vir genes to release T-DNA containing said DNA fragment from said Agrobacterium tumefaciens, and incubating the Agrobacterium tumefaciens strain with the mould to be transformed; and
D) selecting the transformed mould from the untransformed mould depending on the characteristics of the introduced DNA or its expression product, and optionally culturing the transformed mould.

The United States patent claims

  • a method for producing a transgenic mould by inserting into it at least an expressible gene carried in an A. tumefaciens vector. A. tumefaciens containing the vector and the mould are co-cultivated and the transformed mould is selected.

Note that although the title of the patent refers to the genus Aspergillus, the independent claims are not limited to this genus or any other genera of filamentous fungi.

Unilever Patent
Holdings B.V.

EP 973917 B1

  • Earliest priority - 7 April 1997
  • Filed - 24 March 1998
  • Granted - 3 March 2004
  • Expected expiry - 23 March 2018

Title - Agrobacterium-mediated transformation of moulds, in particular those belonging to the genus Aspergillus

Claim 1

A process for producing a transformed mould, characterized in that:

1) a DNA fragment containing at least one expressible gene to be introduced into a mould is first cloned into a vector of Agrobacterium tumefaciens between the T-DNA borders present in that vector, wherein T-DNA borders are 24 basepair imperfect direct repeats flanking the T-DNA;
2) the vector containing the DNA fragment between the T-DNA borders is introduced into an Agrobacterium tumefaciens strain containing a vir region in its DNA;
3) release of T-DNA containing said DNA fragment from said Agrobacterium tumefaciens by addition of a vir-inducing compound, and the Agrobacterium tumefaciens strain is incubated with the mould to be transformed; and
4) the transformed mould is selected from the untransformed mould depending on the characteristics of the introduced DNA or its expression product, and optionally the transformed mould is cultured.

The claims as filed in the granted EP patent are directed to the same subject matter as the granted claims of the United States patent.

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

* As the independent claims of the United States patent and the European patent application are worded slightly different, the claims are presented independently. However, the claims have practically the same scope.

EP 973917 A1

  • Earliest priority - 7 April 1997
  • Filed - 24 March 1998
  • Granted as EP 973917 B1 (see above)

Title - Agrobacterium-mediated transformation of moulds, in particular those belonging to the genus Aspergillus

Claim 1 (granted with minor changes)

A process for producing a transformed mould, characterized in that:

1) a DNA fragment containing at least one expressible gene to be introduced into a mould is first cloned into a vector of Agrobacterium tumefaciens between the T-DNA borders present in that vector;
2) the vector containing the DNA fragment between the T-DNA borders is introduced into an Agrobacterium tumefaciens strain containing a vir region in its DNA;
3) release of T-DNA containing said DNA fragment from said Agrobacterium tumefaciens by addition of a vir-inducing compound, and the Agrobacterium tumefaciens strain is incubated with the mould to be transformed; and
4) the transformed mould is selected from the untransformed mould depending on the characteristics of the introduced DNA or its expression product, and optionally the transformed mould is cultured.

Remarks

  1. Related applications also filed in Brazil (BR 9807941 A), Indonesia (ID 22929), and South Africa (ZA 9802905 A).
  2. National phase entry of WO 1998/45455 in Australia (AU 74283/98) has lapsed on 23 December 1999.
  3. National phase entry of WO 1998/45455 in Canada (CA 2286307) and Japan (JP 2001/518786 T2) are still pending.
  4. National phase entry of WO 1998/45455 in China (CN 1151264) has been granted on 26 May 2004.
  5. Related patent family of WO 1999/32641 'A process for site-directed integration of multiple copies of a gene in a mould' describes a method of site-specific transformation of mould using a rare restriction endonuclease system.  The first independent claim does not recite transformation using Agrobacterium.

Note: Patent information on this page was last updated on 9 February 2006.

Patent applications filed by the Penn State Research Foundation

The present PCT and United States patent applications relate to the transformation of the fruit body tissue of a filamentous fungus with Agrobacterium. The genetically modified fungi can serve as biofermentators for the mass production of commercial products. As examples of filamentous fungi, the applicant mentions fungi belonging to phyla Ascomycota and Basidiomycota such as Coprinus, Agaricus, Morchella , and Coriolus, among others. In particular, the invention contemplates the transformation of the cultivated mushroom Agaricus bisporus, which accounts for 38% of the world production of cultivated mushrooms.

Specific Patent Information

Patent Number

Specific Patent Information

Assignee

WO 2002/00896 A2

  • Earliest priority - 28 June 2000
  • Filed - 28 June 2001
  • OPI - 3 January 2002

Title - Methods and compositions for highly effective transformation of filamentous fungi

Claim 1

A method of transforming filamentous fungi comprising:

introducing to a fruit body tissue cell of said fungi a polynucleotide construct said construct comprising sequences for the expression of a structural gene or for the inhibition of an endogenous gene, the presence of which is desired in said fungi cell.

Claim 16

A filamentous fungi transformation method comprising:

A) obtaining an Agrobacterium vector, said vector comprising a polynucleotide sequence the presence of which is desired in a recipient filamentous fungi cell; and
B) introducing said vector to fruit body tissue cells of said fungi in the presence of an active vir Agrobacterium region and a vir inducing compound.

Claim 26

A method for transforming a fungi cell comprising:

A) obtaining an Agrobacterium-derived Ti plasmid, said plasmid comprising a polynucleotide sequence the expression of which is desired in a host fungal cell;
B) introducing said plasmid to said cell in the presence of vir active genes and a vir inducing agent.

Claim 30

A method for transformation of Agaricus bisporus cells comprising:

A) obtaining an Agrobacterium vector, said vector comprising a polynucleotide sequence the presence of which is desired in a recipient filamentous fungi cell; and
B) introducing said vector to fruit body tissue cells of said Agaricus bisporus cells in the presence of an active vir Agrobacterium region and a vir inducing compound.

The claims as filed in the PCT application recite:

  • a method for transforming any filamentous fungus by introducing into the fruit body tissue a construct for the expression of a structural gene or for the inhibition of an endogenous gene; and
  • a method for transforming the fruit body tissue of any filamentous fungus and Agaricus bisporus in particular with an Agrobacterium vector in the presence of a vir acting region and a vir inducing compound.

Although these claims are fairly broad as they refer to the transformation of any filamentous fungus without specifying a method in one case and specifying Agrobacterium in another claim, an apparent limitation lies in the type of fungal tissue to be transformed. The invention recites only transformation of fruit body tissue. It remains to be seen whether granted claims will have the same breadth as the filed claims.

Penn State Research Foundation

US 6964866

  • Earliest priority - 28 June 2000
  • Filed - 28 June 2001
  • Granted - 15 November 2005
  • Expected expiry - 1 September 2022 (patent term adjustment: 431 days)

Title - Methods and compositions for highly efficient transformation of filamentous fungi

Claim 1

A method of transforming Agaricus bisporus comprising:

(a) introducing to fruit body tissue cells of said Agaricus bisporus a polynucleotide construct desired in said Agaricus bisporus, said construct comprising a promoter sequence capable of regulating expression in Agaricus bisporus cells, wherein said introducing is by Agrobacterium-mediated transformation by co-cultivation of vir induced Agrobacterium with Agaricus fruit body tissue cells; and
(b) thereafter regenerating a transgenic Agaricus bisporus from said fruit body tissue cells.

Claim 7

An Agaricus bisporus transformation method comprising:

(a) obtaining an Agrobacterium vector, said vector comprising a polynucleotide sequence the presence of which is desired in a recipient Agaricus bisporus cell, said polynucleotide sequence operatively linked to a promoter sequence capable of regulating expression in Agaricus bisporus cells;
(b) introducing said vector to fruit body tissue cells of said Agaricus bisporus in the presence of an active vir Agrobacterium region and a vir inducing compound by co-cultivation of vir induced Agrobacterium with Agaricus fruit body tissue cells; and
(c) regenerating a transgenic Agaricus bisporus from said fruit body cells.

Claim 14

A method for transformation of Agaricus bisporus fruit body tissue cells comprising:

(a) obtaining an Agrobacterium vector, said vector comprising a polynucleotide sequence the presence of which is desired in a recipient Agaricus bisporus fruit body tissue cell, said polynucleotide sequence operatively linked to a promoter sequence capable of regulating expression in Agaricus bisporus cells and introducing said vector to said Agaricus bisporus fruit body tissue cells in the presence of an active vir Agrobacterium region and a vir inducing compound by co-cultivation of vir induced Agrobacterium with Agaricus fruit body tissue cells.

Granted United States patent US 6964866 recites an Agrobacterium-mediated transformation method of Agaricus bisporus, where fruit body tissue cells of A. bisporus are introduced to a vir-induced Agrobacterium.

US 2005/70007 A1

  • Earliest priority - 28 June 2000
  • Filed - 30 September 2004
  • Application pending

Title - Methods and compositions for highly efficient transformation of filamentous fungi

Claim 1

A method of transforming filamentous fungi comprising:

  • introducing to a fruit body tissue cells of said fungi a polynucleotide construct said construct comprising sequences for the expression of a structural gene or for inhibition of an endogenous gene, the presence of which is desired in said fungi cell.
Claim 8

A filamentous fungi transformation method comprising:

(a) obtaining an Agrobacterium vector, said vector comprising a polynucleotide sequence the presence of which is desired in a recipient filamentous fungi cell, and
(b) introducing said vector to fruit body tissue cells of said fungi in the presence of an active vir Agrobacterium region and a vir inducing compound.

Claim 10

A method for transforming a fungi cell comprising:

(a) obtaining an Agrobacterium derived ti-plasmid, said plasmid comprising a polynucleotide sequence the expression of which is desired in a host fungal cell,
(b) introducing said plasmid to said cell in the presence of vir active genes and a vir inducing agent.

United States patent application US 2005/070007 is a divisional of now granted US 6964866 (see above).

Independent claim 1 in this application recites a method of transforming any filamentous fungus by using fruit tissue body cells that is not limited to Agrobacterium-mediated transformation.

Remarks
  1. National phase entry of WO 2002/000896 in Canada (CA 2452183) and Europe (EP 1409693) are pending.
  2. National phase entry of WO 2002/000896 in Australia (AU 2001271560) has lapsed on 20 December 2003.

Download PDF Copy

This PDF copy is dated April 11, 2007. Changes may have been made to this Technology Landscape after this date.
Download PDF (info)

The information contained in this page was believed to be correct at the time it was collated. New patents and patent applications, altered status of patents, and case law may have resulted in changes in the landscape. CAMBIA makes no warranty that it is correct or up to date at this time and accepts no liability for any use that might be made of it. Corrections or updates to the information are welcome. Please send an email to info@bios.net.

The information contained in this page was believed to be correct at the time it was collated. New patents and patent applications, altered status of patents, and case law may have resulted in changes in the landscape. CAMBIA makes no warranty that it is correct or up to date at this time and accepts no liability for any use that might be made of it. Corrections or updates to the information are welcome, please send an email to info@bios.net.