Patent controversy
February 20, 2013
THE Royal College of Pathologists
of Australasia has expressed its
disappointment over a Federal
Court decision to refuse to revoke a
patent over a genetic mutation for
breast cancer, BRCA1, held by
Myriad Genetics.
The controversial ruling, which
sets a new precedent in the
Australian legal system for gene
patenting, confirms the ability to
hold patents on naturally occurring
human DNA that has been isolated
from the cells of the human body.
The RCPA believe however that
gene mutations are a natural
consequence and should lie beyond
the scope of patenting.
“Gene patents potentially
compromise quality in healthcare,
increase costs and restrict doctors'
abilities to make diagnoses,” said
RCPA President Professor Yee Khong.
“Although patents are an essential
component of contemporary
medical care, it is critical that a
distinction is made between a
discovery and an invention”.
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