A 69-year-old Queensland breast cancer survivor has won a High Court challenge to corporations having control of human genes.
Advertisement
Myriad Genetics was granted a patent in 1995 for isolating hereditary mutations to the BRCA1 and BRCA2 genes, which increase the carrier’s risk of developing breast and ovarian cancer.
“While the invention claimed 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”.
Two-time cancer survivor Yvonne D’Arcy has led the legal battle over the ownership of the patent by United States company Myriad Genetics.
But the High Court on Wednesday unanimously ruled the gene was not a patentable invention, a decision seen by many as a victory for researchers.
Ms D’Arcy argued the genes existed in nature so were discovered rather than invented.
“For all these individuals who do have the genetic footprint for breast cancer, ovarian cancer, any cancer principally, it is a win for them as a result of they’re forewarned”, she stated, including that she anticipated testing would grow to be cheaper and extra obtainable. The National Breast Cancer Foundation said the decision was great news for Australia.
D’Arcy’s case also argued the patent allows Myriad Genetics to charge exorbitant rates for patients who wish to be tested for the BRCA-1 mutation.
“I’m only a little person – but it’s not the size of the dog in the fight, it’s the size of the fight in the dog”.
Experts said the Australian decision could impact access to genetic testing, medical research and treatments in the country.
The arguments used within the Australian case have been just like these utilized in america, the place the Supreme Court dominated in 2013 that the isolation of BRCA1 itself was not sufficient to render genes patentable.
Advertisement
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. “What is important is its effect on the availability of patents in new areas of technology more generally”.
