Australian report questions benefits of patent term harmonisation

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

Top talking points also included news of an appellate ruling concerning ‘Pisco’ and Indian drugmakers gearing up to launch generic versions of Ozempic as Novo Nordisk’s patent expires
The government’s keenly awaited view on AI and copyright has positive themes but leaves rights owners wanting, says Rebecca Newman at Addleshaw Goddard
While IP Australia’s updated manual could be favourable to computer-implemented inventions, stakeholders would like to see whether a consistent and reliable standard is followed during actual examination
UKIPO will remain a competitive option as long as efficient service continues
A future opt-out has not been ruled out, but practitioners warn that the UK could fall behind in the AI race
US patent lawyers say they are increasingly advising clients on China strategies as corporations seek to gain leverage in enforcement, licensing, and supply chain management
Mike Rueckheim reunites with 12 of his former Winston & Strawn colleagues as King & Spalding continues aggressive hiring streak
As global commerce continues to expand through e-commerce platforms and digital marketplaces, protecting brands has become a growing challenge for organisations worldwide. Counterfeiting, intellectual property infringement, and online brand abuse are increasing across industries, making brand protection strategies a critical priority for businesses.
Henrik Holzapfel and Chuck Larsen of McDermott Will & Schulte explain why a Court of Appeal ruling could promote access to justice and present a growth opportunity for litigation finance
A co-partner in charge says the UK prosecution teams are a ‘vital’ part of the firm’s offering, while praising a key injunction win
Gift this article