On 29 March 2010, the US District Court for the Southern District of New York found several of the patent claims on the BRCA1 and BRCA2 breast cancer genes held by Myriad Genetics to be invalid. The patents were initially issued on the basis that the genes were isolated and purified to a non-naturally occurring state, however the court found, amongst other things, that the purification was not markedly different from a product of nature and thus was not patentable. The ruling may have implications for holders of other gene patents and the patentability of other naturally occurring substances. It has the potential to directly affect the operation of the healthcare and medical research industries, particularly with regards to cancer treatment and prevention, and may alter the accessibility of such therapies to patients. Myriad Genetics' patents for the testing of the breast cancer genes are currently licensed for use in Australia to Genetic Technologies Limited. Genetic Technologies attempted to enforce its rights and stop other laboratories from performing the tests as recently as 2008, but was forced to back down following public protest. The US court decision has prompted further debate about the legitimacy of gene patents in Australia. A Federal Government inquiry into the issue is currently underway and is expected to report in September 2013. Operation of gene patents prior to invalidation Awarding of BRCA1 and BRCA2 patents in US Patentable subject matter There are no special proscriptions for specific subject matter in US patent law, and Congress and the courts have consistently declined to enact limitations on patentable subject matter for specific industries. Accordingly, a DNA sequence, like other molecules, is eligible to be considered for patenting by the United States Patent and Trademark Office, provided that the patentee alters its environment or structure. Myriad Genetics' patent applications were eligible as the BRCA genes were isolated from their natural environment. Tests Under international standards, patentable matter must satisfy tests of novelty, inventive step and industrial application, to protect subject matter in the public domain. The industrial application step is the most difficult to meet under US patent law. A DNA sequence is only able to meet this criterion if a direct industrial use for the sequence can be identified. This would not have been difficult for Myriad Genetics to demonstrate in its BRCA patent applications, as its inventions were designed for the purposes of testing subjects for