MEDIA RELEASE
14 June 2013
US Supreme Court ruling on gene patenting is a victory for patients
The Royal College of Pathologists of Australasia (RCPA) welcomes yesterday's US
Supreme Court decision quashing the patents held by Utah-based genetic testing company,
Myriad Genetics, on genes linked to breast and ovarian cancer (BRCA1 and BRCA2).
The RCPA applauds the historic ruling and claims it sets a precedent that the diagnostic
assessment of human genes in the US cannot be controlled by a patent holder. Professor
Yee Khong, President of the Royal College of Pathologists of Australasia, says that gene
mutations are a natural occurrence and should lie beyond the scope of patenting.
"The College has consistently argued that the patenting of human genes can compromise
the quality of and access to diagnostic genetic tests. These adverse effects have been
documented in Australia and overseas," says Professor Khong.
"The observation of a natural phenomenon is a discovery, not an invention. In performing a
genetic test, a pathologist is simply observing what has occurred naturally in the patient.
Such tests are not inventions. Gene patents compromise quality in healthcare, increase
costs and restrict doctors’ abilities to make diagnoses."
The College also supports the Court's decision that novel DNA sequences which are
different from those occurring in nature are patentable as this provides a basis for patenting
DNA for therapeutic purposes. Patents are the foundation for developments in technology
and therapeutics, and the College strongly supports this provision.
"The College recognises that the authority of the Court's decision is limited to the US, and
that the Australian Courts will need to make decisions that apply under Australian law. We
trust that this decision will bring clarity, consistency and equity to this long-running issue,"
says Professor Khong.
ENDS
About the Royal College of Pathologists of Australasia:
The RCPA is the leading organisation representing pathologists in Australasia. Its mission is
to train and support pathologists and to improve the use of pathology testing to achieve
better healthcare. For more information please visit: http://www.rcpa.edu.au/Publications
Media enquiries:
Dr Bronwen Ross
Deputy CEO – RCPA
0400 212 652
bronwenr@rcpa.edu.au
or
Linsey Brown
S2i Communications
0425 514 005
Linsey@s2i.com.au