Changed some terms of the patent relating to event MON89788

Dispute between Aprosoja-RS (Association of Soy Producers of the State of Rio Grande do Sul) and Monsanto over the patent for event MON89788 reached its first outcome. With some changes to the statements, the patent was maintained at the administrative level.

This event allows the development of soybeans tolerant to the herbicide Glyphosate. The characteristic is conferred by the introduction of the gene cp4-epsps originating from bacteria Agrobacterium tumefaciens.  

The patent refers to the insertion of a transgene in a specific region of the plant's genome, in event MON 89788, providing improved yield compared to the prior art strain 40-3-2. This is as assessed in replicated field trials that include yield data collected from multiple locations across the United States.

The patent was granted in Brazil in 2017. Aprosoja-RS requested its nullity. It alleged contravention of several provisions of the Industrial Property Law. In particular, he maintained that some matters were not sufficiently described or pleaded in a clear and precise manner. He also pointed out that the patent would cover material not considered an invention or not privileged. This is because it encompasses natural biological materials.

Despite these arguments, the administrative understanding consolidated that the patent demonstrates inventive activity in relation to the state of the art.

However, the need to change some terms of the patent was recognized, which ended up with the following claim framework:

1. Isolated nucleic acid molecule, characterized by the fact that it consists of the sequence of SEQ ID NO: 9 (spliced ​​wording).

2. Cancelled.

3. Cancelled.

4. Cancelled.

5. Cancelled.

6. Pair of DNA polynucleotide primer molecules, characterized in that it comprises a first DNA polynucleotide primer molecule comprising at least 1 contiguous nucleotides from the transgene region of SEQ ID NO:3, or its complete complement, and a second primer molecule of DNA polynucleotide comprising at least 1 contiguous nucleotide of the soybean genomic flanking region of SEQ DI NO:3, or its complete complement, wherein the DNA polynucleotide primer molecule pair produces a diagnostic amplicon for event MON89788, wherein event MON89788 comprises SEQ ID NO:3 and SEQ ID NO:4, and a representative sample of seeds comprising event MON89788 has been deposited under ATCC accession number PTA-6708.

7. Pair of DNA polynucleotide primer molecules, characterized in that it comprises a first DNA polynucleotide primer molecule comprising at least 11 contiguous nucleotides from the transgene region of SEQ DI NO:4, or its complete complement, and a second primer molecule of DNA polynucleotide comprising at least 1 contiguous nucleotide of the soybean genomic flanking region of SEQ ID NO:4, or its complete complement, wherein the DNA polynucleotide primer molecule pair produces a diagnostic amplicon for event MON89788, wherein event MON89788 comprises SEQ ID NO:3 and SEQ ID NO:4, and a representative sample of seeds comprising event MON89788 has been deposited under ATCC accession number PTA-6708.

8. Specific DNA detection kit for event MON89788, characterized in that it comprises: (a) a pair of DNA polynucleotide primer molecules comprising a first DNA polynucleotide primer molecule comprising at least 11 or more contiguous nucleotides from the region of transgene of SEQ ID NO:3 or SEQ ID NO:4, or complete complement thereof, and a second DNA polynucleotide primer molecule comprising at least 11 or more contiguous nucleotides from the soybean genomic flanking region of SEQ ID NO:3 or 4 , or its full complement, wherein the pair of DNA polynucleotide primer molecules produces a diagnostic amplicon for event MON89788; or (b) a DNA probe comprising a nucleic acid molecule comprising SEQ ID NO: 1 or SEQ ID NO:2, wherein event MON89788 comprises SEQ ID NO:3 and SEQ ID NO:4, and a representative sample of seeds comprising said event was deposited under ATCC accession number PTA-6708.

9. Method of producing a soybean plant tolerant to the herbicide glyphosate, characterized by the fact that it comprises introducing event MON89788 into the genome of said plant, wherein event MON89788 comprises SEQ ID NO: 3 and SEQ ID NO: 4, and a representative sample of seeds comprising event MON89788 has been deposited under ATCC accession number PTA-6708, wherein the introduction comprises the steps of (a) crossing a first soybean plant comprising event MON89788 with a second soybean plant that does not have event MON89788 to produce progeny plants: and (b) selecting at least one first progeny plant that comprises said event MON89788 and is tolerant to glyphosate (wording amended by incorporating the subject matter of claim 10);

10. Incorporated into claim 9.

11. Method according to claim 10, characterized by the fact that it further comprises self-crossing said first progeny plant to produce second generation progeny plants and selecting at least one homozygous first plant for said event MON89788, wherein event MON89788 comprises SEQ ID NO:3 and SEQ ID NO:4, and a representative sample of seeds comprising event MON89788 has been deposited under ATCC accession number PTA-6708.

12. Method of detecting the presence of DNA corresponding to soybean event MON89788 in a sample, characterized by the fact that it comprises the steps of: (a) placing a sample comprising soybean DNA in contact with the pair of initiator molecules and polynucleotide of DNA as defined in claim 6 or 7; and (b) performing a nucleic acid amplification reaction, thereby producing the diagnostic amplicon; and (c) detecting the diagnostic amplicon in which event MON89788 comprises SEQ ID NO:3 and SEQ ID NO:4, and a representative sample of seeds comprising event MON89788 has been deposited under ATCC accession number PTA-6708.

13. Method of detecting the presence of a nucleic acid corresponding to event MON89788 in a sample, characterized by the fact that it comprises the steps of: (a) obtaining a sample of soybean DNA; and (b) testing the sample for the presence of a nucleic acid sequence from at least one of SEQ ID NO:1, SEQ ID NO:2, SEQ ID NO:3, SEQ ID NO:4 or complete complements thereof; wherein event MON89788 comprises SEQ ID NO:3 and SEQ ID NO:4, and a representative sample of seeds comprising event MON89788 has been deposited under ATCC accession number PTA-6708.

14. Method of producing a primary soybean product, characterized by the fact that it comprises the steps of: (a) obtaining a soybean plant or part thereof comprising event MON89788, wherein event MON89788 comprises SEQ ID NO:3 and SEQ ID NO:4, and a representative sample of seeds comprising event MON89788 has been deposited under ATCC accession number PTA-6708; and (b) produce a primary soya product from the soybean plant or part thereof.

15. Method according to claim 14, characterized in that the primary soy product is defined as food, flour, flakes, protein isolate, or oil.

16. Method for controlling the growth of weeds in a field comprising soybean plants comprising event MON89788, characterized in that it comprises treating the field with an amount of glyphosate effective to control the growth of weeds, wherein the soybean plants soybeans exhibit glyphosate tolerance, where event MON89788 comprises SEQ ID NO:3 and SEQ ID NO:4, and a representative sample of seeds comprising event MON89788 has been deposited under ATCC accession number PTA-6708.

17. Method according to claim 16, characterized in that the field treatment is carried out from the V1 to R4 growth stage.

More information about event MON89788 (MON 89788): EFSA publishes opinion authorizing renewal of soybeans with GTS 40-3-2, MON 87701 and MON 87701 × MON 89788 e Management of caterpillars in corn, soybeans and cotton.