Aggregated News

A decision that private companies can control human genes will be appealed in the Federal Court.

Cancer groups have applauded the move, and say a win is vital to protect patient access to new tests and treatments.

Law firm Maurice Blackburn has lodged documents to appeal a decision last month by Federal Court justice John Nicholas that upheld a patent on the so-called breast cancer gene – mutations in a gene known as BRCA1.

Cancer Council head Ian Olver said it was important to have the decision clarified.
Advertisement

"Everyone will be watching this," he said. "If the appeal is lost, it's very clear we will need to use the political process to change the legislation to ensure it is in the best interest of patients," he said.

Maurice Blackburn principal Rebecca Gilsenan said she believed the firm had a good basis under which to appeal the decision.

She said Justice Nicholas had erred in his decision that isolating the gene outside the body should be considered a form of new manufacture.

"Our appeal is directed towards saying that having...