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A COMPANY that holds the licence to gene patents will prevent women going to a public hospital to find out whether they have inherited a genetic mutation which causes breast cancer.

Genetic Technologies Ltd will force testing for the genes, widely used by women with a family history of the disease, into its Melbourne laboratory at a cost of $2100 per test after it set a deadline of November 6 for other laboratories to cease testing, Fairfax reports.

The move marks the first time in Australia that a company has enforced its proprietary rights over the human body's genetic code.

The issue could trigger a challenge to the validity of patent laws.

Liberal Senator Bill Heffernan said the move would increase health care costs and stifle research.
"The question is, do we agree with the principle of patenting and restricting research on naturally occurring genes?'' he said.

Medical adviser at the Cancer Council Australia Graeme Suthers called for the law to be revised.

"As a society we have to bite that bullet,'' he said.

"It is essential that Australian families can access testing of genes (through public hospitals)''.

The genes in question - BRCA1 and BRCA2 are implicated in up to 10 per cent of breast cancers.

They confer a greatly increased risk of developing the disease, and at a younger than usual age.

Chief Executive of Genetic Technologies Michael Ohanessian said the change would benefit patients, guaranteeing a four week maximum time to complete the test.

"In 2005 some laboratories were averaging 11 months,'' he said.

"Anyone in government would be hard pressed to defend that... I believe the laboratories are all sub-scale and I believe there would be benefits to taxpayer funds and women's health.''