A new legal precedent in the US could have impacts on genetic treatments in Australia, after the Supreme Court ruled naturally occurring DNA can not be patented.

The decision came after a legal battle over the Myriad Genetics company, which held patents on two genes linked to breast and ovarian cancer. Scientists said patents such as these made proper research extremely difficult. Under the new ruling, researchers should have better access to the ever-growing database of genetic information.

The decision comes five weeks before Australian Federal Court judges are due to consider an appeal against a ruling that upheld the ability to patent human genes, handed down in February.

Professor Graeme Suthers, a spokesman for the Royal College of Pathologists of Australia says "if the Australian Federal Court failed to echo the decision from the US we think that would be an unfortunate decision...  the whole concept of the patentability of human genes does not make sense.”