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Some scientists argue they have been stymied in researching new medicines and treatments because they may come up against demands for royalties or letters demanding they stop using patented inventions.

Myriad Genetics Inc., owner of patents for genes linked to cancer risks, won an Australian court ruling allowing it to patent isolated DNA, a first in the country, with the U.S. Supreme Court set to hear a similar case.

Federal Court Justice John Nicholas today in Sydney dismissed a 2010 lawsuit aimed at stopping Myriad and Genetic Technologies Ltd. from patenting a gene mutation associated with an increased risk of breast and ovarian cancers.

The issue has divided the global medical community with groups including the Association for Molecular Pathology and the American College of Medical Genetics arguing that Myriad is attempting to get legal ownership of parts of the human body. The conflict returns to the U.S. Supreme Court this year after the U.S. Court of Appeals for the Federal Circuit twice ruled that genes can be patented. The U.S. high court agreed on Nov. 30 to hear the Association for Molecular Pathologys appeal.

Rebecca Gilsenan, a lawyer at Melbourne-based Maurice Blackburn, the firm representing the opponents, said after the Australian decision that they will have to review the 41-page judgment before determining whether to appeal.

Were really interested in the U.S. Supreme Court hearing, Gilsenan said. Well be watching it very closely.

The Australian ruling will allow patents on anything that is artificial, without consideration of the biological material from which it derived, Luigi Palombi, a patent lawyer and author of Gene Cartels: Biotech Patents in the Age of Free Trade, said in an e-mailed statement.

No matter how important it is to identify a gene linked to a disease, its still not something that Myriad or anyone else has invented, Palombi said. Politicians must now change the law to prevent patenting of genetic materials, he said.

Some scientists argue they have been stymied in researching new medicines and treatments because they may come up against demands for royalties or letters demanding they stop using patented inventions. Companies such as Genomic Health Inc. have argued they cant attract investment dollars if they cant protect their research from competitors.

Original post:
Myriad Genetics Wins Australian Bid to Patent Human Genes

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