Australian report questions benefits of patent term harmonisation

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Australian report questions benefits of patent term harmonisation

A new report from the Australian government says that TRIPs and FTA-mandated patent term extensions may not benefit the country

The government’s Pharmaceutical Patents Review Panel released its draft report yesterday and is seeking public comments. The report evaluates “whether the system for pharmaceutical patents is effectively balancing the objectives of securing timely access to competitively priced pharmaceuticals, fostering innovation and supporting employment in research and industry”.

The 249-page report looks at many different issues, but raises particular concerns about patent term length as well as the duration of pharmaceutical patent extensions. In particular, the report points to the increase of the protection term of 20 years for all patents as required by TRIPs, noting that this change does not necessarily yield any benefit to Australia, or even patentees for that matter. Similarly, the Panel argues that Australia agreed to provide an extension for pharmaceutical patents as part of its free trade agreement with the US “without careful regard to whether this was in our own economic interest”.

The paper suggests that Australia may in fact be hurt by these longer patent terms. Not only may the government be paying more to purchase drugs protected by lengthy patent terms, but Australian generics may be put at a disadvantage. For example, the longer terms may force Australian generic manufacturers to move production overseas, whether producing for international markets where the drug has no patent production or stockpiling in anticipation of the domestic patent’s expiration. Such restrictions, the report argues, send jobs overseas and make it harder for Australian manufacturers to gain a “first mover” advantage in the generics market.

The paper also takes the position that the lengthier patent terms do not necessarily encourage investment by innovator companies. It states that it “found it difficult to believe that the prospect of additional returns from an extension of the then 16 year standard patent life could materially influence investment decisions made many years beforehand”.

Similarly, the report argues that though the cost involved in drug development is high, the incentives needed to encourage innovation may be overstated, noting that according to one study, innovator pharmaceutical companies enjoyed more than triple the profitability of non-pharmaceutical companies between 1998 and 2009. It characterised the patent extension as an indirect subsidy for the pharmaceutical industry. The report suggests that it might be more efficient to shorten the extension length to save the government hundreds of millions of dollars in drug costs, and use some of those savings to provide direct subsidies for R&D.

The full draft report may be found here. Public comments should be made to pharmapatents@ipaustralia.gov.au until April 30. Previous submissions, including those filed by Pfizer, Novartis, and Cancer Voices Australia are also available at the panel’s website.

more from across site and SHARED ros bottom lb

More from across our site

The firm said adding capability in the French capital completes its coverage of all major patent litigation jurisdictions as it strives for UPC excellence
Marc Fenster explains how keeping the jury focused on the most relevant facts helped secure a $279m win for his client against Samsung
Clients are divided on what externally funded IP firms bring to the table, so those firms must prove why the benefits outweigh the downsides
Rahul Bhartiya, AI coordinator at the EUIPO, discusses the office’s strategy, collaboration with other IP offices, and getting rid of routine tasks
A boom in transactional work and a heightened awareness of IP have helped boost revenue for the rebranded commercial services team
Clemens Heusch, head of global litigation and dispute resolution at Nokia, tells us why open conversations – and respectful challenges – lead to the best results
Siegmund Gutman, who joined Mintz one year ago, explains the firm’s approach to life sciences litigation and what it means for hiring plans
The merger of two IP boutiques could prompt others to follow suit and challenge Australia’s externally funded firms
Law firm leaders say they are eager to make the most out of the market following a 'surprising' survey on in-house interest in IP monetisation
A defeat for AstraZeneca and Open Innovation Network's 20th anniversary were also among the top talking points this week
Gift this article