FLG maintains exclusive license to a number of patented and patent-pending technologies. The portfolio includes approximately 40% of the US patents for genetic engineering of wine and table grape varieties, as well as related international patents.
Although the technology initially was developed to facilitate grape improvement, several patents protect applications in cell culture, gene discovery and genetic engineering for a broad range of organisms. For example, one of the patented technologies, the bi-directional dual promoter (BDPC) system, has broad application for use in plants, animals and microbes.
Controlling Gene Expression in Plants, Animals and Fungi
The Bi-directional Dual Promoter Complex (BDPC) is a DNA-based gene expression system used to regulate the production of useful proteins. It has broad application in genetic engineering of plants, animals and fungi, including algae and yeasts. The BDPC already has been tested in citrus, grape and tobacco. It provides a highly efficient and versatile tool for genetic engineering. FLG foresees applications of the BDPC in crop improvement, including engineering plants for disease resistance and biomass production, as well as engineering microbes for economical biofuel production. A US patent has been granted and several international patent applications are pending.
US Patent (issued):
Li, Z. and D. J. Gray, Bi-directional dual promoter complex with enhanced promoter activity for transgene expression in eukaryotes. US Patent 7,129,343, 2006. See description of the BDPC above.
Foreign Patents (pending):
Li, Z. and D. J. Gray, Bi-directional dual promoter complex with enhanced promoter activity for transgene expression in eukaryotes. Pending application under the International Patent Cooperation Treaty (PCT) PCT/US02/0418, 2002. Also, the following applications are pending: European Patent Office (EPO), Australia, Canada and Chile.
Genetic Engineering of Plants for Disease Resistance
Four distinct patent families protect use of genetic engineering to produce disease resistance in grape and other organisms. The patents variously cover both genetic engineering systems and unique or naturally-occurring genes. Additional patent applications are pending.
US Patents (issued):
Scorza, R. and D. J. Gray, Disease resistance in Vitis, US Patent No. 6,232,528 B1, 2001. Use of lytic peptide genes to genetically engineer grape for Pierce’s disease resistance.
Scorza, R. and D. J. Gray, Disease resistance in Vitis, US Patent No. 7,151,203 B2, 2006. A divisional patent stemming from # 6,232,528 extending protection to use of lytic peptide genes for resistance to certain fungi.
US Patents (pending):
Li, Z. T. and D. J. Gray, Nucleotide sequences of the 2S albumen gene and its promoter and uses thereof. US Patent Application Ser. No. 10/382,066, 2003. Note: This patent was approved and will issue in Fall 2007. Use of the naturally-occurring albumen protein gene and its regulatory promoter for disease resistance in all plants.
Li, Z. T. and D. J. Gray, Method of designing and utilizing hybrid peptides having antimicrobial activity. US Provisional Patent Application Ser. No. 60/887,636 2/1/07. A method to design hybrid genes for control of disease organisms.
Foreign Patents (issued):
Gray, Dennis J. and Scorza, Ralph, Disease resistance in Vitis. Similar to the US patent, but with broader claims to protect use of lytic peptide genes for resistance to all disease-causing organisms in grape.
Twenty versions of the main patent and a divisional issued in the following countries: Argentina, Australia, Austria, Chile, France, Germany, Greece, Italy, Mexico, New Zealand, Portugal, South Africa, Spain, Switzerland.
Foreign Patents (pending):
Li, Z. T. and D. J. Gray, Improved antimicrobial peptides and uses thereof
Serial No. PCT/US06/22935; PCT application filed June 16, 2006. Use of a hybrid lytic peptide gene for control of disease-causing organisms.
Note that a PCT (Patent Cooperation Treaty) patent also covers the US.
Disease Resistant Grapevines Produced by Cell Selection
As an adjunctive approach to genetic engineering, FLG has secured rights to a novel grape cell culture technology. The technology allows single cells of grape to be regenerated into complete plants in the presence of a fungal toxin. Under these conditions, existing genes are activated resulting in expression of disease resistance.
US Patent (issued):
Subramanian, J, and D. J. Gray, Pathogen resistant grape plants. US Patent No. 6,995,015, 2006. See description above.
Grapevine Regeneration Systems Used for Genetic Engineering
FLG has exclusive rights to the culture system technologies needed to genetically engineer grape. Patents that have issued and are pending provide broad coverage for two distinct genetic engineering approaches.
US Patent (issued):
Gray, D. J., J. Subramanian, and R E. Litz, Regeneration system for grape and uses thereof. US Patent No. 6,455,312, 2002. A specialized “embryogenic cell culture system” with applications in genetic engineering and plant propagation.
US Patent (pending):
Dutt, M. and D. J. Gray. Genetic transformation of grapevines. US Patent Application Serial No. 11/412,122 filed May 3, 2006. UF # 12097 Docket No. 10457-092. An alternative to the embryogenic cell culture system for genetic engineering of grape.
Foreign Patents (issued):
Gray, D. J., J. Subramanian, and R E. Litz, Regeneration system for grape and uses thereof. Issued in the following countries:
Argentina, Australia, Brazil, Chile, France, Germany, Italy, New Zealand, Portugal, South Africa and Spain.