A 69-year-old Brisbane cancer survivor has won her "David and Goliath" battle with a US biotech company that wanted to patent the breast cancer gene BRCA1.
Myriad Genetics claimed to have a patent over BRCA1 and BRCA2, which dramatically increase the risk of a woman developing breast and ovarian cancer.
But the High Court on Wednesday unanimously ruled the gene was not a patentable invention, a decision seen by many as a victory for researchers.
Grandmother Yvonne D'Arcy, a three-time cancer sufferer, was ecstatic at the ruling, which overturned earlier lower court decisions.
Her lawyers argued the genetic material is a product of nature, so was discovered rather than invented.
They also contended that 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.
Actress Angelina Jolie last year underwent preventive surgery after taking the test.
Ms D'Arcy agreed that taking on a corporation had been a David and Goliath battle, but said she never considered ditching the case because she knew she was in the right.
"I'm only a little person - but it's not the size of the dog in the fight, it's the size of the fight in the dog."
Ms D'Arcy said testing would no longer be so costly, adding that no one can really afford it, except for Angelina Jolie.
"For all those people who do have the genetic footprint, it's a win for them.
"Because now they're forewarned and forearmed."
Notably, her two breast cancer diagnoses and one cervical cancer diagnosis are hormonally and not genetically based.
The National Breast Cancer Foundation said the decision was great news for Australia.
"Lifting the restrictions on BRCA1 will allow researchers to translate fundamental knowledge about our genetic make-up into real advances in breast cancer detection and treatment," said acting CEO Jackie Coles.
Assistant Professor in the University of Canberra's School of Law, Bruce Arnold, said the decision was a victory for common sense.
"It is a welcome mix of hard science and good law in the face of over-reaching by a US enterprise that's placed profit ahead of public health," he said.
Professor Dianne Nicol, Director of the Centre for Law and Genetics at the University of Tasmania, noted the BRCA1 patent expired in Australia in August.
"Rather, what is important is (the ruling's) effect on the availability of patents in new areas of technology more generally," she said.
"In three separate judgments, the court unanimously held that patent claims of this nature are invalid."
But Medicines Australia CEO Tim James said the decision could have a significant negative effect on access to new and innovative biological medicines.
"It is essential that Australia maintains strong and stable intellectual property protection that will support the development of new biological medicines," he said.
