Patent No. US11597944 (titled "Gene Conferring Resistance To Cercospora Beticola In Beets") was filed by Kws Saat Se & Co Kgaa on Aug 28, 2020.
’944 is related to the field of plant breeding, specifically addressing the problem of Cercospora leaf spot disease in plants of the *Beta vulgaris* species, including sugar beets, beetroot, and chard. This disease, caused by the fungus *Cercospora beticola*, leads to significant crop losses and necessitates the use of costly and environmentally damaging fungicides. Existing Cercospora-tolerant cultivars rely on multiple resistance genes with small effects, resulting in laborious breeding processes and reduced yield performance.
The underlying idea behind ’944 is the identification and isolation of a single dominant gene from *Beta vulgaris* subsp. *maritima* that confers a strong resistance to *Cercospora beticola*. This gene encodes a polypeptide that, when expressed in a plant, provides a substantial resistance effect, simplifying breeding efforts and potentially eliminating the need for multiple resistance genes.
The claims of ’944 focus on a *Beta vulgaris* subsp. *vulgaris* plant comprising a nucleic acid molecule encoding a polypeptide that confers resistance to *Cercospora beticola*. The nucleic acid molecule must encode a polypeptide with at least 95% amino acid sequence identity to SEQ ID NO: 3. The claims also cover a method of producing a *Beta* plant with improved resistance by introgressing a chromosomal interval containing the resistance-conferring gene, mapped between specific markers, into the plant.
The invention works by introducing the identified resistance gene into a plant's genome, either through traditional breeding techniques or genetic engineering. The expressed polypeptide then confers resistance to *Cercospora beticola*. The dominant nature of the gene means that even a single copy in the plant's genome provides a significant level of protection. This contrasts with previous approaches that relied on multiple genes with smaller individual effects, which were more difficult to breed for and often associated with undesirable traits.
’944 differentiates itself from prior solutions by providing a single, easily transferable gene that confers a strong resistance to *Cercospora beticola*. This simplifies the breeding process, reduces the risk of introducing unwanted traits (linkage drag), and allows for the rapid development of high-yielding, resistant cultivars. The invention also provides methods for identifying plants carrying this resistance gene, facilitating marker-assisted selection in breeding programs.
In the late 2010s when ’944 was filed, plant breeding at a time when introducing new traits into crops was typically implemented using traditional crossing or genetic modification techniques. When identifying desirable genes commonly relied on extensive field trials and phenotypic selection rather than precise molecular markers. When introducing disease resistance relied on quantitative trait loci (QTL) mapping, which was often complex and time-consuming.
The examiner allowed the application after amendments to the claims and the filing of a terminal disclaimer. The amendments addressed previous rejections related to written description issues stemming from hybridization language and double patenting. The examiner had offered amendments to remove the problematic hybridization language. After these changes, all claims were considered allowable.
This patent contains 22 claims, with independent claims 1 and 22. Independent claim 1 focuses on a Beta vulgaris plant with a specific nucleic acid molecule conferring resistance to Cercospora beticola, while independent claim 22 focuses on a method of producing a sugar beet plant with improved resistance to Cercospora beticola by introgressing a specific chromosomal interval. The dependent claims generally elaborate on and refine the characteristics and methods related to the plant and its resistance to Cercospora beticola, as defined in the independent claims.
Definitions of key terms used in the patent claims.

The dossier documents provide a comprehensive record of the patent's prosecution history - including filings, correspondence, and decisions made by patent offices - and are crucial for understanding the patent's legal journey and any challenges it may have faced during examination.
Date
Description
Get instant alerts for new documents