Pathologists back down from GTG attack

The Royal College of Pathologists of Australasia (RCPA) and associated genetics organisations, including the Human Genetics Society of Australia, have retracted and clarified recent statements made in a letter to state and Federal government officials, which suggested that Melbourne biotech company Genetic Technologies would seek to enforce the breast cancer gene patents licensed to it by Myriad Genetics.

The retraction from the RCPA states that it has no evidence "that GTG is seeking to enforce its intellectual property rights with respect to breast cancer susceptibility rights in Australia and New Zealand."

Also retracted are assertions that GTG's non-coding DNA patents violated RCPA policy on the non-patentable nature of DNA sequences, a bone of contention between the two companies.

"These patents do not include any claim to a sequence encoding a polypeptide, or to a genomic DNA molecule comprising a coding region and any associated control sequences. Nor does either of the patents encompass a DNA sequence as it exists in nature. Therefore the nature of the subject matter claimed is not inconsistent with RCPA policy," reads the retraction letter in part.

The retraction continues to state that the authors of the letter did not intend to particularly single out GTG in its claims of gene patents leading to increased healthcare costs and restriction of research. However, the RCPA continues to maintain that gene patents and exclusive licenses may have this effect.

According to GTG's executive chairman, Dr Mervyn Jacobson, the patent process will ultimately drive the development of cheaper technology for DNA testing, much as the price of other technologies such as computers have decreased.

"We are licensing our technology to the world and bringing the proceeds -- and also bringing new technology -- back to Australia," he said.

"In turn GTG is reinvesting these proceeds in new research and is expanding its own genetic testing capabilities. Put simply, we are applying the revenues generated from the global licensing of our inventions to help set up a world-class testing service in Australia, which may also be used by the public testing agencies."