Gene Patent Stoush Heads to US Court

The fight over human genes and whether they can be patented for medical research has gone to the US Supreme Court.

The American Civil Liberties Union and the Public Patent Foundation filed their appeal on Thursday, arguing genes are products of nature and cannot be sequestered by private companies.

The case concerns Myriad Genetics, a biotech company that holds patents on two genes that can help reveal susceptibility to breast and ovarian cancer.

There is concern their monopoly position stymies research and restricts patient access to tests and treatment, but the biotech sector and patent lawyers say there are safeguards.

[Audio: Action filed to invalidate gene patents (PM)]

ANU visiting fellow and intellectual property law consultant Luigi Palombi says if a company has a patent on a gene, it can control everything that happens with that gene.

"You can control its use in research, you can control its use in the development of a medicine, you can control its use in the use of a diagnostic, etc.," he said.

"And yet all you've done is discovered a link between a...