Intellectual Property

Intellectual Property and Issued Patent Estate

Issued PatentSeveral years before the global scientific community accepted the reality of RNAi in mammalian cells, Benitec was the first to show the universality of RNAi by demonstrating the down-regulation of target gene expression in human and mammalian cells, inventing a reliable means of triggering the RNAi process using DNA constructs. Benitec's core patents and patent rights are based on this early research and are supported by subsequent filings that extend the scope and jurisdiction of its intellectual property.

Benitec's patent estate represents a dominant position in DNA-directed gene silencing, and potentially the dominant position in RNAi applications for humans and mammals. Benitec has over 60 filed patents and has licensed several additional patents that extend the scope of its patent estate and enhance the utility and value of ddRNAi.

Benitec's main patented technology is DNA-directed RNAi, whereby transiently transfected or stably integrated DNA constructs are transcribed to form double-stranded RNA that induces gene silencing. The issued claims cover the design of such DNA constructs, whether they are inverted repeats coding for hairpin RNA or sense and antisense sequences under the control of separate promoters and regardless of the means of delivery.

On June 4 and 5, 2003, Benitec was awarded the first US and UK patents for the application of RNA interference to mammalian cells. Benitec's ddRNAi patent estate currently comprises 10 issued patents, covering 19 jurisdictions.

In addition to its patents, Benitec has significant proprietary know-how in the design, development and production of constructs, tools and high throughput methodologies for the use and practice of RNA interference.

Extract from Companies & Markets, Jain PharmaBiotech, August 2006

RNAi patents - Among the companies, Alnylam and Benitec have strong patent positions.

On 5 June 2003, Benitec Ltd was granted its core technology patents in the US and the UK. These patents, with priority dating to 1998, describe a method for silencing any gene in any cell using ddRNAi. US Patent 6,573,099 is entitled "Genetic constructs for delaying or repressing the expression of a target gene" and UK Patent 2353282 is entitled "Control of gene expression". Both patents contain world first claims that describe the effect of RNAi in human cells and the DNA constructs which trigger RNAi.

Benitec Ltd, originally founded in Australia in 1997 (listed on Australian Stock Exchange), pioneered ddRNAi and was the first company to demonstrate RNAi in human cells. It holds a dominant international intellectual property position in RNAi...

Benitec's technology has the potential to treat human disease as a form of gene therapy. The types of diseases amenable to treatment with the company's gene silencing technology include; cancers where the shutdown of oncogenes can lead to disease remission; autoimmune disorders where the knockdown of specific immune system genes can reverse the disease process; and chronic degenerative viral infections where programming cells to silence critical viral genes can prevent infection.

Published with permission from Professor Jain's report entitled "RNAi- Technologies, Companies and Markets, Jain PharmaBiotech, Basel, Switzerland, August 2006.

BENITEC Limited PATENT SUMMARIES

 

Patent/Application Number Invention Title Inventor(s) Patent Summary
US 6,573,099 GENETIC CONSTRUCTS FOR DELAYING OR REPRESSING THE EXPRESSION OF A TARGET GENE* Graham, Michael W Rice, Robert N The present invention relates generally to synthetic genes for modifying endogenous gene expression in a cell, tissue or organ of a transgenic organism, in particular a transgenic animal or plant. More particularly, the present invention provides novel synthetic genes and genetic constructs which are capable of repressing delaying or otherwise reducing the expression of an endogenous gene or a target gene in an organism when introduced thereto.

PCT/ AU99/00195 (WO99/49029)
AU 743316

AU 2005202658

AU 2005211538

AU 2005209648

AU 2007201023

AU 2008249157

BR PI9908967.0

BR PI9917642.4
CA 2323726

CA 2487328

CA 2513336

CN 99804255.2

CN 200510083325.1
CZ PV2000-3346 (295108)

EP 04015041.9

EP 05013010.3

EP 07008204.5
UK GB2353282
HK 1035742

HG PO101225

HG PO5000631

IN 2000/00169/DE

IN 3413/DELNP/2005

IN 3901/DELNP/2005

JP 2000-537990

JP 2005-223953

JP 2007-302237

JP 2009-161847

KR 7010419/00

KR 7005341/2006

MX PA/a/2000/008631

MX PA/a/2005/006838
NZ 506648

NZ 547283

PL P-343064

PL P-377017
SG 75542

SG 200205122.5

SG 30312226

SL PV1372-2000
ZA 2000/4507
CONTROL OF GENE EXPRESSION * Graham, Michael W Rice, Robert N Waterhouse, Peter Wang, MingBo The present invention relates generally to a method of modifying gene expression and to synthetic genes for modifying endogenous gene expression in a cell, tissue or organ of a transgenic organism, in particular a transgenic animal or plant. More particularly, the present invention utilises recombinant DNA technology post-transcriptionally modify or modulate the expression of a target gene in a cell, tissue, organ or whole organism, thereby producing novel phenotypes. Novel synthetic genes and genetic constructs which are capable or repressing delaying or otherwise reducing the expression of an endogenous gene or a target gene in an organism when introduced thereto are also provided.

US 10/821,726

US 10/646,070

US 10/759,841

US 10/346,853

US 11/218,999
SYNTHETIC GENES AND GENETIC CONSTRUCTS COMPRISING THE SAME*

Waterhouse, Peter Graham, Michael Wang, MingBo Rice, Robert N

The present invention relates generally to a method of modifying gene expression and to synthetic genes for modifying endogenous gene expression in a cell, tissue or organ of a transgenic organism, in particular a transgenic animal or plant. More particularly, the present invention utilises recombinant DNA technology to post-transcriptionally modify or modulate the expression of a target gene in a cell, tissue, organ or whole organism, thereby producing novel phenotypes. Novel synthetic genes and genetic constructs which are capable or repressing delaying or otherwise reducing the expression of an endogenous gene or a target gene in an organism when introduced thereto are also provided.

PCT/AU2001/000297

UK GB2377221
SG P-91678
ZA 2002/7428
BR 0109269-3
JP 2001-569332
GENETIC SILENCING Graham, Michael W Rice, Robert N Reed, Kenneth C Murphy, Kathleen

The present invention relates generally to a method of inducing, promoting or otherwise facilitating a change in the phenotype of an animal cell or group of animal cells including a animal comprising said cells. The modulation of phenotypic expression is conveniently accomplished via genotypic manipulation through such means as reducing translation of transcript to proteinaceous product. The ability to induce, promote or otherwise facilitate the silencing of expressible genetic sequences provides a means for modulating the phenotype in, for example, the medical, veterinary and the animal husbandry industries.

The modulation of phenotypic expression may be achieved with a  genetic construct comprising a nucleotide sequence substantially identical to an endogenous target sequence of nucleotides in the genome of a mammalian cell, and

a nucleotide sequence substantially complementary to said endogenous target nucleotide sequence,

wherein the nucleotide sequences  are separated by a spacer sequence, and upon introduction of said genetic construct to said animal cell, an RNA transcript resulting from transcription of a gene comprising said endogenous target sequence of nucleotides exhibits an altered capacity for translation into a proteinaceous product.

Expressible genetic sequences contemplated by the present invention including not only genes normally resident in a particular animal cell (i.e. indigenous genes) but also genes introduced through recombinant means or through infection by pathogenic agents such as viruses.

PCT/AU04/00075

US 10/861191
CA 2527907
EP 04735856.9
IL 172191
JP 2006/508084
SG 200507474-5
ZA 2005/09813
AU 2004243347
AU 2009202763
NZ 543815
NZ 575242
DOUBLE-STRANDED NUCLEIC ACID Graham, Michael W Rice, Robert N Roelvink, Petrus W Suhy, David A Kolkykhalov, Alexander A Harrison, Bruce T Reed, Kenneth C.

The invention is directed towards constructs for RNAi techniques. The invention provides a ribonucleic acid (RNA) for use as interfering RNA in gene silencing techniques to silence a target gene comprising in a 5’ to 3’ direction at least four sequences being a first and second effector sequence 17 to 21 nucleotides in length; a sequence substantially complementary to the second effector sequence; and a sequence substantially complementary to the first effector sequence; wherein the complementary sequences are capable of forming double stranded regions with their respective effector sequences and wherein at least one of the four sequences is substantially identical to the predicted transcript of a region of the target gene; and

the RNA further comprising a spacing sequence of one or more nucleotides,  the spacing sequence being located between and spacing the first effector sequence and the second effector sequence, or between the sequence substantially complementary to the second effector sequence and the sequence substantially complementary to the first effector sequence.

PCT/US2005/0017447
US 11/072592
AU 2005222084
CA 2558771
CN 0580013979.5
EP 05727680.0
IL 177862
JP 2007-502094
KR 20067020986
NZ 550284
NZ 575361
MULTIPLE PROMOTER EXPRESSION CASSETTES FOR SIMULTANEOUS DELIVERY OF RNAI AGENTS Roelvink, Petrus W Suhy, David A Kolkykhalov, Alexander A

The present invention provides multiple-promoter expression cassettes for simultaneous delivery of RNAi, preferably to mammalian cells in vivo.

In one preferred embodiment of the invention the genetic construct comprises a multi-promoter expression cassette comprising at least three promoter/RNAi/terminator components wherein each promoter/RNAi/terminator component comprises a promoter element, a terminator element and a sequence coding an RNAi species operably linked to the promoter element and the terminator element, at least one of the RNAi species being coded by a sequence of SEQ ID No: 22. Other RNAi species are preferably encoded by SEQ ID NO: 6 and/or 19.
PCT/US2005/038139
AU 2005299672
CA 2583826
SG 200702839-2
EP 05812449.6
THERAPEUTIC RNAi AGENTS FOR TREATING PSORIASIS Reed, Kenneth C.; Brashears, Sarah J.

The present invention provides compositions and methods suitable for delivering RNAi agents against genetic targets in skin tissues so as to treat psoriasis.

A number of genetic constructs may be used to express the RNAi agents in the cell.
PCT/US2006/000091
AU 2006204120
CA 2593509
US 11/794726
IL 184434
JP 2007-550422
SG 200704975-2
EP 06717315.3
RNAi AGENTS FOR MAINTENANCE OF STEM CELLS

Evertsz, Elizabeth

Brashears, Sarah J

The present invention provides compositions and methods suitable for delivering RNAi agents against genetic targets in stem cells so as to direct cell growth and differentiation.

A number of genetic constructs may be used to express the RNAi agents in the cell.

PCT/US2006/004003
US 11/347028
US 11/883645
CN 200680010811.3
HK 08112495.7
EP 06734372.3
CA 2596711
AU 2006210443
IL 185315
NZ 560936
RNAi EXPRESSION CONSTRUCTS

Roelvink, Petrus W Suhy David A Kolkykhalov, Alexander A

Couto, Linda

The present invention provides compositions and methods suitable for expressing RNAi agents against a gene or genes in cells, tissues or organs of interest in vitro and in vivo so as to treat diseases or disorders.

In one preferred embodiment of the invention the genetic construct comprises an RNAi expression cassette encoding two or more RNAi agents, the RNAi expression cassette comprising a promoter for promoting expression of the two or more RNAi agents, the RNAi agents when expressed each comprising a stem-loop structure, wherein the stem loop structures of the RNAi agents are separated by one or more spacer regions, and wherein at least one of the stem-loop structures is encoded by a sequence according to SEQ ID No: 6 or SEQ ID No: 42. Other RNAi species are preferably encoded by SEQ ID NO: 39.

US 11/355516

RNAi EXPRESSION CONSTRUCTS WITH LIVER-SPECIFIC ENHANCER/PROMOTER

Roelvink, Petrus W

Suhy, David A

Kolykhalov, Alexander A

Kay, Mark A

Giering, Jeffery C

The present invention provides compositions and methods suitable for RNAi specifically in the liver so as to treat diseases or disorders.

The DNA directed RNA interference (ddRNAi) expression construct comprise specific enhancer elements and promoters for liver expression. The RNAi agents encoded by the construct target hepatitis virus genes that are desired to be repressed in a liver cell or whole liver.

PCT/US2006/016507
US 12/371211
IL 186872
CN 200680022921.1
CA 2606002
EP 06758809.5
AU 2006239169
HK 09100523.7

MULTIPLE RNAi EXPRESSION CASSETTES FOR SIMULTANEOUS DELIVERY OF RNAi AGENTS RELATED TO HETEROZYGOTIC EXPRESSION PATTERNS

Evertsz, Elisabeth

Brashears, Sarah J

The present invention provides compositions and methods suitable for expressing multiple RNAi agents against an allele or alleles of interest in a heterozygotic allelic pair so as to treat diseases, without affecting the expression of the other allele in the heterozygotic pair. The expression constructs preferably allow for stable expression of the RNAi agents.

US 11/731198

MINIGENE EXPRESSION CASSETTE

Kay, Mark A

Hebert, Michael L

Roelvink, Petrus W

Suhy, David A

The present invention provides compositions and methods suitable for RNAi specifically in the liver so as to treat diseases or disorders.

The compositions include an expression cassette that includes a synthetic enhancer, a transthyretin promoter, and a nucleotide sequence operably under the control of the synthetic enhancer and the transthyretin promoter. The expression cassette may be used in an adeno-associated viral (AAV) vector, such as a self-complementary AAV vector.

 
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