The US granted patent no: US6489542B1 has been filed through PCT in Canada, Israel, South Africa,Mexico,China,Australia and European Union. This patent describes a method of transformation using a particular vector construct which enables plastid targeted gene expression. All such mechanisms have been described in prior art with other genes and this patent particularly describes Cry2 A family genes and claims for all plants embodying the Cry2 A nucleaotide sequence. The purpose of the invention is to delay insect resistance and recover transformants effectively. Given the prior art and the flimsy grounds of inventive step and novelty, can this patent be granted in the first place? Can broad spectrum claims covering entire plant kingdom be granted based on few examples tried by the inventor.
Claim 1 is -
- A plant comprising a nucleotide sequence encoding a Cry2Ab Bacillus thuringiensis δ-endotoxin protein comprising a plant functional promoter sequence operably linked to a first polynucleotide sequence encoding a plastid transit peptide, which linked in-frame to a second polynucleotide sequence encoding said Cry2Ab Bacillus thuringiensis δ-endotoxin protein, said second polynucleotide sequence being operably linked to a plant functional 3′ end transcription termination and polyadenylation sequence, wherein expression of said nucleotide sequence in said plant yields a fusion protein comprised of an amino-terminal plastid transit peptide covalently linked to said δ-endotoxin protein, and said plastid transit peptide functions to localize said δ-endotoxin protein to a plastid.
It looks like it requires many more details than just having a Cry2 A nucleaotide sequence.