Cancer patient wins gene patent case

In several countries around the world, the test case has been the same: Myriad Genetic’s patent for BRCA1 mutations, which are associated with a heightened risk of cancers, particularly breast and ovarian cancer.

A QUEENSLAND cancer patient has won her High Court challenge against corporations owning human genes.

But he noted the ruling would not mean much for Australian women carrying the gene, in terms of the costs they may face, as the BRCA1 patent had expired in August.

In 2013 Angelina Jolie learned she carried the same gene, BRCA 1. The country’s highest court found unanimously that two previous Australian judgements allowing patents of genes were wrong, and they do not constitute a patentable invention. “Our genes are not for patenting”, it tweeted.

Cancer Voices Australia, which has said the case was vital to ensure that information about people’s genes and genetic make-up was freely available to researchers, said it was delighted with the outcome.

D’Arcy does not have the gene, but joined the legal action to protect research.

In the USA, the Supreme Court has also ruled that companies can not patent human genes.

“I screamed. I was just excited to know that we had it seven-nil our way”, an ecstatic D’Arcy, a 69-year-old breast cancer survivor, said of the court’s unanimous decision.

Another group of judges said the subject of the patent was the isolated piece of DNA, but that it occurs naturally, so can’t be patented.

Professor of Law at the University of Tasmania, Dianne Nicol said the High Court decision had broader implications, beyond analysing whether genetic material is patentable matter. “But the court here is saying neither would be patentable”. “There will still be the capacity to patent biotechnological inventions, but patent attorneys and lawyers will have to look closely at this and see what the consequences are”.