Rhône-Poulenc Rorer: a tale of two strategies for DNA patenting - gene therapy and transgenic plants

Rhone-Poulenc Rorer has a significant portfolio of DNA-based patents. These can be separated into three categories: those for gene therapy (including patents on adenovirus-based vectors and sequences encoding thymidine kinase, acidic fibroblast growth factor, brain-derived neurotrophic factor, glial maturation factor, Src-homology domain 3, glutathione peroxidase and superoxide dismutase); those claiming recombinant therapeutic proteins, which are concentrated around promoter and regulatory sequences for expression systems in yeast, as well as the structural gene for human serum albumin (HSA); and these in plant biotechnology, comprising gene patents for regulatory sequences (such as promoters and terminators for herbicide-tolerant plants) and a gene encoding sulfonamide resistance. Such a focused strategy is commendable, although it remains to be seen in which therapeutic areas (if any) adenoviral-based gene delivery systems will be effective. Whether recombinant HSA can compete in the marketplace with natural products is yet to be shown. In Rhone-Poulenc's agricultural sector, there is a heavy reliance on herbicide-resistant plants; the Company appears to have a relatively small number of patents in this area.