Australia's federal court rules that companies can patent genetic material

The Full Bench of the Federal Court of Australia has decided a private company may hold a patent on a mutation in a breast cancer gene. Opponents including cancer charities, however, claim this ruling has the potential to derail research and progress towards a cure. Patent lawyers say the decision is a fair reflection of the work done by biotech companies in Australia.

The decision sets a precedent around patenting mutations in the gene BRCA1, which is often referred to as the breast cancer gene. With patenting in place, patients could face higher costs to be tested for the gene. USA-based Myriad Genetics holds the Australian license for the test.

Its law firm, Jones Day, said of the ruling: "Myriad invested hundreds of millions of dollars in research and development, patient and physician education, insurance reimbursement and operational excellence in laboratory operations which has resulted in a gold standard test, BRACAnalysis, for the testing of predisposition to hereditary breast and ovarian cancer risk at an affordable cost."