More patents over human genetic material could be granted after a landmark ruling in the federal court in Sydney on Friday morning.

Federal court Justice John Nicholas has ruled that a private company can continue to hold a patent over the so-called breast cancer gene BRCA1, in a decision that has devastated cancer victims.

Lost the case ... Yvonne D'Arcy. Credit:Peter Rae

The decision is the first in Australia to rule on whether isolated genes can be patented, and will set a precedent in favour of commercial ownership of genetic material.

Women with certain mutations in the BRCA genes have a 65 per cent increased risk for breast cancer, and a 40 per cent increased risk of ovarian cancer.