Aggregated News
Cancer Voices Australia brought the case as it believed Myriad Genetics Inc, which owns the patent on the genes BRCA1 and BRCA2 linked to breast and ovarian cancer had an unfair monopoly on a naturally occurring gene.
It’s the first time the validity of genetic patents has been tested in an Australian court.
Cancer Voices sought to void the genetic patenting on the basis they were natural "discoveries".
Justice John Nicholas handed down his judgment this morning and explained the two genes, isolated from their natural cells in which they were found, constituted a "manner of manufacture" and could therefore be patented.
"The issue that arises in this case is of considerable importance," he said.
"It relates to the patent-ability of genes, or gene sequences, and the practice of gene patenting."
The company, which exclusively licenses its patent to Australian company Genetic Technologies Limited, strictly enforces its patent on the genes which are used to identify breast and ovarian cancer risk in patients.
In the US it requires all diagnostic testing to be conducted in its own laboratories.
Brisbane breast...
It’s the first time the validity of genetic patents has been tested in an Australian court.
Cancer Voices sought to void the genetic patenting on the basis they were natural "discoveries".
Justice John Nicholas handed down his judgment this morning and explained the two genes, isolated from their natural cells in which they were found, constituted a "manner of manufacture" and could therefore be patented.
"The issue that arises in this case is of considerable importance," he said.
"It relates to the patent-ability of genes, or gene sequences, and the practice of gene patenting."
The company, which exclusively licenses its patent to Australian company Genetic Technologies Limited, strictly enforces its patent on the genes which are used to identify breast and ovarian cancer risk in patients.
In the US it requires all diagnostic testing to be conducted in its own laboratories.
Brisbane breast...