Medical experts have called for the law to be changed amid fears cancer research may be stymied following a ruling which allows private companies to patent isolated human genes.

Cancer activists also believe treatment options might be limited in the wake of the landmark ruling handed down by Federal Court Justice John Nicholas on Friday, allowing two biotech companies to retain their patent over mutations to an isolated gene known as BRCA1.

People who have these mutations on BRCA1 have been found to have an increased risk of breast and ovarian cancer.

Cancer survivor Yvonne D'Arcy and Cancer Voices Australia had taken the case against Myriad Genetics Inc, the owner of the patent, and Melbourne-based Genetic Technologies Ltd, which holds the exclusive licence to conduct the tests in Australia.

They argued the patent was invalid, as patents protected inventions and not discoveries.

They said gene patents would increase the cost of treating cancer and could limit treatment options.

Myriad argued the case did not involve a patent for a gene but for an "artificial construct".

It is the first time an Australian court has ever had to consider whether isolated human genes can be patented and Justice Nicholas found that isolation of the gene from the human body was the product of human intervention.

As a result, he ruled isolated gene sequences were therefore patentable.

It means the patent of Myriad Genetics Inc and the licence to the patent held in Australia by Genetic Technologies Limited remain in place.

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Calls for law change after gene ruling

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