Australia’s IP trends reveal post-pandemic innovation shift

Australia’s life sciences sector continues to evolve amidst a dynamic landscape of intellectual property (IP) rights, particularly patents, which are critical in enabling innovation, attracting investment, and guiding commercialisation strategies. The newly released Australian Intellectual Property (IP) Report highlights record-high numbers of patent filings during the COVID-19 pandemic, followed by a subsequent stabilisation.

In 2024, Australia recorded 30,478 standard patent applications, marking a decrease of 3.3% compared to 2023. This decline is attributed to reduced filings from major countries such as the United States, Japan, and the United Kingdom, particularly in pharmaceuticals and medical technology sectors. However, there was a notable increase of 4.7% in biotechnology filings, underscoring a shift in innovation trends.

IP Australia Director General, Michael Schwager, said “The Australian IP Report 2025 demonstrates the economic benefits of IP protection as well as the importance of businesses proactively engaging with IP early in their strategic development.

“IP rights can also provide an important buffer for businesses facing uncertainty in global markets, by holding value as an intangible asset and helping businesses compete effectively as markets change.”

The life sciences sector remains dominant, with pharmaceuticals patent applications (3,565), medical technology (3,274), biotechnology (3,149), organic chemistry (1,813), and civil engineering (1,554) comprising the top technology fields by volume in 2024. Notably, Australian innovators have significantly increased their biotechnology patent filings by 31.7% in 2024, reflecting industry growth and international partnerships.

In terms of international patent applicants, the United States leads with substantial filings in pharmaceuticals, medical technology, and biotechnology, accounting for nearly half (43.2%) of US applications in Australia. Domestically, CSIRO emerges as the top life sciences patent applicant, while US biotech giant Regeneron Pharmaceuticals leads among international applicants.

Amgen broke into the top 10 patent filers for 2024 with its adoption of artificial intelligence (AI) for drug discovery and manufacturing efficiency. The company’s recent Australian filings focus on predictive modelling for biopharmaceutical processes and resource-efficient drug production strategies.

The role of trademarks in international trade is equally significant, with businesses leveraging brands to signal market expansion intentions. In 2024, Novartis topped international trademark filings in Australia, while Boehringer Ingelheim ranked sixth.

Regarding legal proceedings, the Federal Court of Australia saw a decline of 24.1% in patent actions decided, totalling 66 cases in 2024, continuing a downward trend since 2018. Cases typically took between three to six years for finalisation on appeal, with notable instances such as Sanofi-Aventis’s dispute with Alphapharm over the Semglee insulin glargine injection pen, which was finalised on appeal in less than a year.

By contrast, one of the longest-running patent cases to reach finalisation on appeal involved an injunction that initially blocked the launch of generic clopidogrel products – an order later overturned. This wrongly imposed injunction triggered a protracted legal battle with the Commonwealth, which sought $325 million in compensation from Sanofi for the increased costs incurred by the Pharmaceutical Benefits Scheme (PBS) due to the delayed entry of the lower-cost generics.

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