Myriad Genetics, owner of patents related to genes linked to hereditary cancer risks, has won an Australian court ruling allowing it to patent isolated DNA, a first in Australia.

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

This case is groundbreaking, Rebecca Gilsenan, a lawyer at Melbourne-based Maurice Blackburn, the firm representing the opponents, said in an e-mailed statement before todays ruling. No Australian court has been asked to consider the question of whether isolated human genes are patentable.

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.

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The issue returns to the US Supreme Court for a second time this year after the US Court of Appeals for the Federal Circuit twice ruled that genes can be patented.

The US high court agreed on Nov. 30 to hear the Association for Molecular Pathologys appeal.

Royalty demands

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 have argued they cant attract investment dollars if they cant protect their research from competitors.

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Myriad Genetics wins bid to patent human genes

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