Queensland cancer patient fights US company gene patents

A Queensland cancer patient has taken her fight against a US company to the High Court in a bid to stop corporations from owning human genes.

US-based biotech company Myriad Genetics has a patent over the gene known as BRCA1, which is linked to an increased risk of hereditary breast and ovarian cancers.

Yvonne D'Arcy, who has had hormonal breast cancer twice, took her fight against the company to Australia's highest court on Tuesday for a two-day appeal hearing in Canberra.

Last year the full bench of the Federal Court dismissed the appeal.

Ms D'Arcy says allowing corporations to own patents over human genes stifles cancer research and allows them to charge exorbitant rates for patients who wish to be tested for the BRCA1 mutation.

Her lawyers believe the full Federal Court erred in maintaining that an isolated human gene is a patentable invention.

"This issue is of considerable public interest and has significance for access to genetic testing, research and the development of treatments for genetic diseases," Maurice Blackburn principal Rebecca Gilsenan said.