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Who owns the dominant patents on the bar gene?

Currently patents claiming the bar gene are mainly in the hands of Bayer Crop Science. The schematic representation below displays the corporate history of the bar gene patent portfolio. In all the bar gene patents discussed in this white paper the reader will find applicants (assignees) listed as Hoechst AG, Plant Genetic Systems NV, AgrEvo (Hoechst Schering GmbH), and Aventis (Crop Science GmbH); these company names appear in color in the graphic. For clarity, mergers, demergers, takeovers and spin-offs not related to the carryover of the portfolio relevant to this discussion have not been included in the graphic.[add a comment]

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The acquisition of the Belgian company Plant Genetic Systems (PGS) by AgrEvo in 1996 was an important strategic move to gain access to a broad portfolio of traits and enabling technologies required to participate in the highly competitive market of genetically engineered crops. At the time AgrEvo had fallen behind Monsanto and Novartis (now Syngenta) in securing a competitive market position in the area of genetically modified insect and herbicide resistant crops. With the acquisition of PGS, AgrEvo took a serious step to enter the U.S. and the Canadian markets for transgenic crops, two of the largest markets in world. Companies are still preparing for a definitive opening of the European markets for genetically modified crops, a development stalled by public perception.[add a comment]

With the acquisition of PGS, AgrEvo gained access to various technologies of PGS in its patent portfolio, such as gene promoters, marker genes, techniques to insert specific genes into plant cells, and gene expression technology to optimise the efficacy of expression of foreign genes in plants. Additionally, PGS had engaged in research and development of novel technologies, particularly in the area of functional genomics, but also in engineering disease tolerant plants and modifying certain quality traits. PGS's products included corn, oilseed rape (canola) and selected vegetables engineered for insect protection (based on the expression of Bt toxin), herbicide tolerance and pollination control.[add a comment]

PGS's herbicide tolerance technology was developed in collaboration with AgrEvo, based on tolerance to AgrEvo's herbicide LibertyTM (glufosinate) by virtue of the bar gene. PGS's SeedLinkTM pollination control technology is also based on tolerance to LibertyTM.[add a comment]

After the merger of AgrEvo and Rhône-Poulenc, which gave rise to Aventis, the agricultural section of this merger was called Aventis Crop Science. The Hoechst conglomerate, holder of Aventis and other companies, finally decided to shed its agrichemicals section by selling to Bayer AG, which recently gave rise to Bayer Crop Science, explaining thereby the migration of the bar gene portfolio over time.[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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