Breast Cancer Gene Patent Upheld in Australia
Australia’s Federal Court has upheld a ruling supporting a patent on a breast cancer gene. The federal ruling is a landmark case that likely will set a precedent in patent law as biotechnology companies begin to file for and profit from genetic material patents.
The court ruled against a breast cancer victim and an advocacy group who filed the suit, arguing that the breast cancer gene should not be patentable because it occurs naturally and has the same genetic material already found in cells. But since the gene was removed from this natural environment and isolated by human intervention, the court considered it manufactured or invented, and upheld the patent.
Doctors and medical scientists oppose the ruling, as it allows companies to monopolize on human genetic research and prohibit the development of treatments and cures, making it more costly and slow. More and more biotech companies are scrabbling to file for such patents in an effort to monetize their discoveries.
Chaninat and Leeds attorneys are Thailand patent lawyers specializing in Thai intellectual property law.
The ruling is the first in Australia on patents for genetic sequences. Its ramifications will be felt internationally, as the case has been closely followed, and might act as a model in international courts.
The advocacy group is considering appealing the ruling.
Related texts: Intellectual Property Rights and Pharmaceuticals
Flickr photo courtesy of Jorge Lucero
