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Australia's highest court rules human genes cannot be patented

Xinhua, October 7, 2015 Adjust font size:

Australia's highest court has ruled the breast cancer gene BRCA-1 cannot be patented following an appeal by an Australian patient against a U.S.-based biotechnology company.

Queensland resident Yvonne D'Arcy - a two-time cancer survivor - took her fight against U.S.-based biotech company Myriad Genetics to the High Court of Australia on Wednesday, arguing allowing corporations to own patents over human genes stifles cancer research and development of treatments for genetic diseases.

Myriad Genetics has a patent over the gene known as BRCA-1, which is linked to an increased risk of hereditary breast and ovarian cancers.

D'Arcy's case also argued the patent allows Myriad Genetics to charge exorbitant rates for patients who wish to be tested for the BRCA1 mutation.

Myriad Genetics however ensured patents that innovation could be commercialized for everyone's benefit.

The U.S. Supreme Court ruled genes were not patentable inventions but were instead inventions prior to the Australian case, local media reported. Endi