AAP A breast cancer patient says she's stunned that human genes can be patented by corporations.

Corporations can continue owning the rights to human genes thanks to a federal court ruling but patients at the heart of the legal battle say the practice is immoral.

Central to the test case, between support group Cancer Voices Australia and US biotech company Myriad Genetics, is the susceptibility gene known as BRCA1.

The validity of Myriad's patent over the so-called "cancer gene" in its isolated state has been challenged, on the basis that under Australian law, patents cannot be granted over products of nature, as opposed to inventions.

But on Friday, the full bench of the federal court upheld the rights of Myriad, the patent owner.

Maurice Blackburn lawyer Rebecca Gilsenan feared the gene patent could stifle research.

"It places limits on genetic testing, genetic research and the development of treatments and cures for genetically associated disease," she said.

The case began in 2010 on behalf of Queensland cancer patient Yvonne D'Arcy, 68, who was devastated by Friday's outcome.

"To me now, they've made it personal," she told reporters in Brisbane.

"I don't think it's right ... I don't think any private company should own part of a human body."

See the article here:
Gene decision fuels calls for legal change

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