their susceptibility to breast and ovarian cancers. International trade law dictates that a country can apply no additional tests in evaluating patentability, and must apply these tests without discriminating against biological inventions. Therefore, ethics-based criteria would not have factored into the USPTO's decision to allow Myriad Genetics to patent the BRCA1 and BRCA2 genes. Scope of awarded patents Myriad Genetics' BRCA patents have broad scope in the US. The company's claims consist of harmful mutations in the BRCA1 and BRCA2 genes, the use of the mutations to diagnose and screen for breast and ovarian cancers, and the development of treatments for these cancers. Application of BRCA1 and BRCA2 patents in US market Monopolistic behaviour Although Myriad Genetics is one of few gene patent holders to seek infringement litigation against its patents and has only done so twice, the existing threat of litigation, according to anecdotal evidence from some laboratories, has been sufficient to keep competitors in the US from challenging Myriad Genetics' monopoly on BRCA gene testing. As a result, the company's monopoly may inhibit research and prevent the development of improvements in breast cancer testing technology. A counter-argument is that gene patents encourage innovation because patents can provide financial rewards. Accessibility of BRCA testing Myriad Genetics has used sequencing of the BRCA genes to develop a test for hereditary breast and ovarian cancers, which it markets to laboratories as BRACAnalysis. As at 2010, the test costs US$3,400, which is three times the cost of pre-patented testing. The company currently has agreements with major health organisations in the US and international licensing agreements for exclusive provisions. Consequently, individuals wishing to be tested for breast or ovarian cancer predisposition would be unable to circumnavigate Myriad Genetics' prices either within the US or by seeking testing abroad. Accessibility therefore remains an issue, despite the widespread availability of testing. Awarding of BRCA1 and BRCA2 patent licenses in Australia Patentable subject matter Although Australia's Patents Act 1990, prohibits patenting 'human beings and the biological processes for their generation',</ref> in recent times virtually no class of patent matter has been held unpatentable by the courts. Like the USPTO, the Australian Patent Office accepts applications for human gene and gene sequences, provided that they have been separated from the human body. In Bristol-Myers Squibb, Finkelstein J declared that it was up to the Australian Parliament to amend the Patents Act 1990 if it did not consider