Gene patent ruling appealed
The gene patent debate looks set to continue with Cancer Voices Australia appealing the Federal Court of Australia’s ruling in favour of Myriad Genetics and its patent of BRCA1 gene mutations.
On 15 February 2013, the Federal Court ruled that isolated nucleic acid (including isolated DNA and RNA), is patentable in Australia. Justice John Nicholas stated that the method used by Myriad Genetics to isolate the genetic material is a manufacturing process that can be patented.
Cancer Voices Australia filed an application with the Federal Court in June 2010 seeking to stop Myriad Genetics from patenting isolated DNA associated with BRCA1 gene mutations.
The appeal means the case will be dealt with by a full sitting of judges in the High Court of Australia.
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