Australian Court Just Made A Decision That Will Help Fight Breast Cancer

Myriad Genetics were also in Brisbane to hear the verdict, which they commented was “very disappointing” and that removing the patent from BRCA1 would “de-incentivise” companies from pursuing breast cancer research and treatments because it would remove part of the commercial viability.

Lawyers for Ms D’Arcy told the High Court the genetic material covered in the patent was merely isolated, and was not eligible to be patented under Australian law.

In order to be patentable, the claimed invention must be “a manner of manufacture within the meaning of section 6 of the Statute of Monopolies” (section 18(1)(a) of the Patents Act). While Rimmer doubts such moves would prove successful, he says “the biotechnology industry will no doubt push for a change of the rules in respect of patentable subject matter under secretive regional agreements such as the Trans-Pacific Partnership”.

This, he hoped, would encourage new such tests, with researchers no longer having to worry about infringing a patent issued on a particular gene.

In 2013, the USA supreme court ruled genes, more specifically DNA, was a product of nature and therefore not a patentable invention.

Further, the High Court clearly confirmed that the appeal was not concerned with “gene patenting” generally.

Myriad filed its original patent for BRCA1 in the U.S.in 1994 and the gene was completely sequenced in 1995, when it became available in scientific databases. “For all those people who do have the genetic footprint for breast cancer or any cancer basically, it’s a win for them because now they’re forewarned”.

In an interview with Australia’s ABC, she said the pain of chemotherapy was what motivated her to begin her campaign.

“We are disappointed with the decision by the High Court of Australia”, said a Myriad spokesperson.

But the court in Canberra said that while detecting the gene “might be, in a formal sense, a product of human action, it was the existence of the information stored in the relevant sequences that was an essential element of the invention as claimed”. The decision is expected to have broad implications for cancer research.

Myriad’s other patent claims concerning its diagnostic tests for the BRCA 1 and BRCA 2 genes were never challenged.

THOMAS ORITI: The legal fight continues in Canada, but it’s the end of the road for the Myriad Genetics case in Australia.

A company named Myriad Genetics Inc. claimed to have a patent on the BRCA-1 gene. It should be noted that this technology breakthrough occurred when the human genome was sequenced… Around 20 per cent are patented by private companies, the government and individuals, according to the American Medical Association.