Modified Nucleosides, Nucleotides, and Nucleic
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(19) TZZ ¥Z__T (11) EP 2 763 701 B1 (12) EUROPEAN PATENT SPECIFICATION (45) Date of publication and mention (51) Int Cl.: of the grant of the patent: A61K 48/00 (2006.01) C07H 21/02 (2006.01) 19.12.2018 Bulletin 2018/51 C07H 21/04 (2006.01) (21) Application number: 12838676.0 (86) International application number: PCT/US2012/058519 (22) Date of filing: 03.10.2012 (87) International publication number: WO 2013/052523 (11.04.2013 Gazette 2013/15) (54) MODIFIED NUCLEOSIDES, NUCLEOTIDES, AND NUCLEIC ACIDS, AND USES THEREOF MODIFIZIERTE NUKLEOSIDE, NUKLEOTIDE UND NUKLEINSÄUREN UND VERWENDUNGEN DAVON NUCLÉOSIDES, NUCLÉOTIDES ET ACIDES NUCLÉIQUES MODIFIÉS, ET LEURS UTILISATIONS (84) Designated Contracting States: (74) Representative: Hoffmann Eitle AL AT BE BG CH CY CZ DE DK EE ES FI FR GB Patent- und Rechtsanwälte PartmbB GR HR HU IE IS IT LI LT LU LV MC MK MT NL NO Arabellastraße 30 PL PT RO RS SE SI SK SM TR 81925 München (DE) Designated Extension States: BA ME (56) References cited: WO-A2-2011/012316 US-A1- 2010 047 261 (30) Priority: 03.10.2011 US 201161542533 P US-A1- 2011 143 397 US-A1- 2012 251 618 (43) Date of publication of application: • KARIKÓ KATALIN ET AL: "Incorporation of 13.08.2014 Bulletin 2014/33 pseudouridine into mRNA yields superior nonimmunogenic vector with increased (73) Proprietor: Moderna Therapeutics, Inc. translational capacity and biological stability", Cambridge, Massachusetts 02141 (US) MOLECULAR THERAPY, NATURE PUBLISHING GROUP, GB, vol. 16, no. 11, 1 November 2008 (72) Inventors: (2008-11-01), pages 1833-1840, XP002598556, • DE FOUGEROLLES, Antonin ISSN: 1525-0024, DOI: 10.1038/MT.2008.200 Brookline, MA 02446 (US) [retrieved on 2008-09-16] •ROY,Atanu • LUIGI WARREN ET AL: "Highly efficient Stoneham, MA 02180 (US) reprogramming to pluripotency and directed • SCHRUM, Jason P. differentiation of human cells with synthetic Watertown MA 02472-2580 (US) modified mRNA", CELL STEM CELL, CELL • SIDDIQI, Suhaib PRESS, UNITED STATES, [Online] vol. 7, no. 5, 5 Burlington, MA 01803 (US) November 2010 (2010-11-05), pages 618-630, • HATALA, Paul XP002693059, ISSN: 1875-9777, DOI: Charlestown, MA 02124 (US) 10.1016/J.STEM.2010.08.012 Retrieved from the • BANCEL, Stephane Internet: Cambridge, MA 02141 (US) URL:http://www.sciencedirect.com/science/a rticle/pii/S1934590910004340> Note: Within nine months of the publication of the mention of the grant of the European patent in the European Patent Bulletin, any person may give notice to the European Patent Office of opposition to that patent, in accordance with the Implementing Regulations. Notice of opposition shall not be deemed to have been filed until the opposition fee has been paid. (Art. 99(1) European Patent Convention). EP 2 763 701 B1 Printed by Jouve, 75001 PARIS (FR) EP 2 763 701 B1 Description CROSS REFERENCE TO RELATED APPLICATIONS 5 [0001] This application claims priority to U.S. Provisional Patent Application No. 61/542,533, filed October 3, 2011, entitled Modified Nucleosides, Nucleotides, and Nucleic Acids, and Uses Thereof. TECHNICAL FIELD 10 [0002] The present disclosure provides compositions and methods using modified nucleic acids to modulate cellular function. The modified nucleic acids of the disclosure may encode peptides, polypeptides or multiple proteins. The encoded molecules may be used as therapeutics and/or diagnostics. BACKGROUND 15 [0003] Naturally occurring RNAs are synthesized from four basic ribonucleotides: ATP, CTP, UTP and GTP, but may contain post-transcriptionally modified nucleotides. Further, approximately one hundred different nucleoside modifica- tions have been identified in RNA (Rozenski, J, Crain, P, and McCloskey, J. (1999). The RNA Modification Database: 1999 update. Nucl Acids Res 27: 196-197). The role of nucleoside modifications on the immune-stimulatory potential 20 and on the translation efficiency of RNA, however, is unclear. [0004] There are multiple problems with prior methodologies of effecting protein expression. For example, heterologous DNA introduced into a cell can be inherited by daughter cells (whether or not the heterologous DNA has integrated into the chromosome) or by offspring. Introduced DNA can integrate into host cell genomic DNA at some frequency, resulting in alterations and/or damage to the host cell genomic DNA. In addition, multiple steps must occur before a protein is 25 made. Once inside the cell, DNA must be transported into the nucleus where it is transcribed into RNA. The RNA transcribed from DNA must then enter the cytoplasm where it is translated into protein. This need for multiple processing steps creates lag times before the generation of a protein of interest. Further, it is difficult to obtain DNA expression in cells; frequently DNA enters cells but is not expressed or not expressed at reasonable rates or concentrations. This can be a particular problem when DNA is introduced into cells such as primary cells or modified cell lines. 30 [0005] There is a need in the art for biological modalities to address the modulation of intracellular translation of nucleic acids. [0006] Kariko et al. (Mol Ther. 2008;16(11):1833-1840) relates to the incorporation of pseudouridine into mRNA. Reduced immunogenicity and increased translational capacity and biological stability are reported. US2011/143397A1 relates to RNA preparations comprising purified modified RNA for reprogramming cells. 35 SUMMARY [0007] The present invention is defined in the claims and provides an isolated polynucleotide encoding a polypeptide of interest, said isolated polynucleotide comprising: 40 (a) a sequence of n number of linked nucleosides or nucleotides comprising at least one modified nucleoside or nucleotide as compared to the chemical structure of an A, G, U or C nucleoside or nucleotide, (b) a 5’ UTR comprising at least one Kozak sequence, (c) a 3’ UTR, and 45 (d) at least one 5’ cap structure; wherein the at least one modified nucleoside or nucleotide comprises 5-methoxy-uracil, and is not pseudouridine or 5- methyl-cytidine, wherein the polynucleotide exhibits a reduced cellular innate immune response when introduced into a population of 50 cells, as compared to the cellular innate immune induced by a corresponding unmodified nucleic acid, wherein the polynucleotide has a Protein:Cytokine ratio of greater than 100, wherein the Protein:Cytokine ratio is the ratio of the amount of encoded polypeptide produced in a cell, tissue or organism to the amount of one or more cytokines whose expression is triggered in the cell, tissue or organism as a result of administration or contact with the polynucleotide. 55 [0008] Further aspects of the invention are also defined in the claims. The disclosure in the following description provides both information relating to subject matter covered by the definitions of the claims and additional information which is not the subject matter of the claims. In the following disclosure, where reference is made to embodiments or aspects, such embodiments or aspects are to be understood as embodiments of the disclosure in general, whereas the 2 EP 2 763 701 B1 scope of the invention is defined in the claims. The description of any subject matter not covered by the claims is provided for information only. [0009] The present disclosure provides, inter alia, modified nucleosides, modified nucleotides, and modified nucleic acids which can exhibit a reduced innate immune response when introduced into a population of cells, both in vivo and 5 ex vivo. [0010] The present disclosure provides polynucleotides which may be isolated or purified. These encode polynucle- otides encode one or more polypeptides of interest and comprise a sequence of n number of linked nucleosides or nucleotides comprising at least one modified nucleoside or nucleotide as compared to the chemical structure of an A, G, U or C nucleoside or nucleotide. The polynucleotides also comprise a 5’ UTR comprising at least one Kozak sequence, 10 a 3’ UTR, and at least one 5’ cap structure. The isolated polynucleotides may further comprise a poly-A tail and may be purified. [0011] The isolated polynucleotides of the disclosure also comprise at least one 5’ cap structure selected from the group consisting of Cap0, Cap1, ARCA, inosine, N1-methyl-guanosine, 2’fluoro-guanosine, 7-deaza-guanosine, 8-oxo- guanosine, 2-amino-guanosine, LNA-guanosine, and 2-azido-guanosine. 15 [0012] Modifications of the polynucleotides of the disclosure may be on the nucleoside base and/or sugar portion of the nucleosides which comprise the polynucleotide. [0013] In some embodiments, the modification is on the nucleobase and is N1-methylpseudouridine. [0014] The modified nucleoside is not pseudouridine (ψ) or 5-methyl-cytidine (m5C). [0015] In some embodiments, multiple modifications are included in the modified nucleic acid or in one or more 20 individual nucleoside or nucleotide. For example, modifications to a nucleoside may include one or more modifications to the nucleobase and the sugar. [0016] In some embodiments are provided novel building blocks, e.g., nucleosides and nucleotides for the preparation of modified polynucleotides and their method of synthesis and manufacture. [0017] The present disclosure also provides for pharmaceutical compositions comprising the modified polynucleotides 25 described herein. These may also further include one or more pharmaceutically acceptable excipients selected from a solvent, aqueous solvent, non-aqueous solvent, dispersion media, diluent, dispersion, suspension aid, surface active agent, isotonic agent, thickening