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Patent Lens > Technology Landscapes > Resistance to Phosphinothricin

Patent issues surrounding the bar gene

When using the bar gene, besides the gene itself, several IP protected materials and processes may be involved, such as processes for plant transformation, use of genetic regulatory elements, use of antibiotic resistance genes as selectable markers, etc. These topics are discussed in the technology landscapes "Agrobacterium-mediated plant transformation", "Promoters", and "Antibiotic Resistance". In this landscape, we analyze patent issues around the bar gene as such.[add a comment]

In the case of the bar gene (not its uses) we are faced with a relatively simple intellectual property ownership situation. Essentially all key patents are held by Bayer Crop Science, although assignees listed on the patent documents include Plant Genetic Systems, Hoechst, AgrEvo and Aventis. To understand why the bar gene patent portfolio is now in the hands of Bayer Crop Science, a schematic overview of the corporate consolidation history which led to the creation of one of the major players in the agrichemicals business worldwide is included in the analysis.[add a comment]

The bar gene patents owned by Bayer Crop Science are divided into three main families. The first patent family is the dominant family and was originally assigned to Plant Genetic Systems (PGS) and Biogen NV. It claims the use of the bar gene in plants and plant products. More specifically, this patent family claims the use of the gene in creating herbicide resistant crops and also its use as a selectable marker.[add a comment]

The other two patent families in the Bayer portfolio (assigned originally to Hoechst AG) strengthen the corporate position on the bar gene by claiming additional bar genes from other organisms and uses, e.g. isolating the gene from gram-negative bacteria, the gene itself, its use as a selectable marker in bacteria, codon-optimized versions for expression in plant cells, and treatment of sewage contaminated with phosphinothricin.[add a comment]

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.

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