In what may be considered a historic judgment for the medical industry, a federal judge in Manhattan dissolved a company's patents on two genes which are linked to breast and ovarian cancers.

This ruling questions whether human genes should receive patent protection at all. The reverberations of this decision will affect diagnostic and biotechnology companies that have depended on gene- patents.

There are numerous companies that are attempting to increase their proceeds by creating exclusive licenses.

According to scientists approximately 20% of the human genome is subject to patents. Critics are of the opinion that such patenting engenders monopolistic domination. This monopoly mitigates alternative research and tests which may deliver better and more economical treatment.

The ruling was issued by U. S. District Judge Robert Sweet. It ensues after the American Civil Liberties Union and the Public Patent Foundation filed a lawsuit against Myriad Genetics Inc. and the University of Utah Research Foundation.

Both these institutes have patents over the BRCA1 and BRCA2 genes. These genes have been associated with hereditary cancers.

Peter Meldrum, Chief Executive of Myriad, states that they will appeal against the decision. He remarked, "I don't believe that the final outcome of this litigation will have a material impact on Myriad's operations".