Yvonne D'Arcy, who fought to have the breast cancer gene patent overturned, outside the Federal Court in February last year. Photo: Peter Rae

Cancer survivors and advocates are devastated at a decision by the full bench of the Federal Court that private companies have the right to control human genes.

They fear the decision in the so-called "breast cancer gene" case, which found a company could patent mutations in the gene BRCA1, will lead to higher costs for patients in need of potentially life-saving tests.

They have called on the federal government to intervene to change the laws, andMaurice Blackburn, the lawyers that brought the case, have vowed to fight it "to the end", flagging a potential appeal to the High Court of Australia.

The structure of the protein produced by the BRCA1 gene. Photo: Supplied

However, patent lawyers say the laws are a fair reflection of the work done by the biotechnology industry, and the decision may draw business to Australia.

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Sally Crossing, from Cancer Voices Australia, said the Australian community had made it clear the patenting of human genes was "offensive and counter-intuitive."

"This news is not good for cancer research, especially in the promising field of targeted therapies, or for people affected by any cancer," she said.

Director of Advocacy at Cancer Council Australia, Paul Grogan, said that, if the ruling was an interpretation of the law, then the law needed to change.

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Mutation of breast cancer gene can be patented, says Federal Court

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