Expansion of the patent box scheme in Australia

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

Expansion of the patent box scheme in Australia

Sponsored by

fbrice-400px.png
barley-field-1684052-1280.jpg

Lee Miles of FB Rice discusses Australia’s patent box scheme which is set to introduce the agricultural and low emissions technology sectors

Originally designed to encourage home-grown innovation in the biotech and medical technology sectors, the Australian government announced in its 2022–23 Federal Budget the intention to expand the patent box scheme to include the agricultural and low emissions technology sectors.

Once operational (noting that the scheme is yet to pass through Parliament a year after it was initially unveiled), the patent box will enable companies operating in the agricultural and low emissions technology sectors to access a concessional tax rate of 17% (down from 30% for large businesses and 25% for small and medium-sized enterprises (SMEs) for profits generated from eligible patents and plant breeders rights (PBRs) within Australia.

For the agricultural space, eligible patents will be those covering “practical, technology-focused innovations”, examples of which may include agricultural and veterinary products listed on the Public Chemicals Registration Information System (PubCRIS) register administered by the Australian Pesticides and Veterinary Medicines Authority (APVMA). Pleasingly, the government has also expanded the patent box to include PBR for new plant varieties.

For the low emissions technology sector, patents covering technologies which reduce emissions will be eligible. This arguably covers multiple industry sectors.

In another development, the budget announced that patents issued by the USPTO and EPO will also qualify for the scheme going forward, whereas previously only Australian patents were eligible. 

In this regard, the budget paper noted that this expansion “will remove regulatory barriers to accessing the patent box regime for Australian developed innovations patented in the major overseas jurisdictions with equivalent patent regimes”. Given the importance of the US and European markets to most patenting strategies, this is another welcome development.

For biotech and medical technologies, the patent box scheme is set to commence on July 1 2022 and will apply to eligible patents granted after May 11 2021. For the agricultural and low emission technology sectors, the scheme is set to commence on July 1 2023 and will cover patents or PBRs granted after March 29 2022.

 

Lee Miles

Senior associate, FB Rice

E: lmiles@fbrice.com.au

 

more from across site and SHARED ros bottom lb

More from across our site

As generics celebrate, practitioners believe innovator companies should brace for an ‘uphill battle’ when trying to prove induced infringement
A team from Cooley shares how they overturned a massive damages award by emphasising that the opposing company’s trade secrets claims were time-barred
A decision finding Google liable for trademark infringement and the launch of a new IP services group were also among the top talking points
Law firms across the world are seemingly united in their reluctance to give juniors a chance, which shouldn’t be the case
In-house counsel say they want more visibility for the next generation of lawyers, but private practice practitioners believe jurisdictional challenges stand in their way
IP STARS, Managing IP’s accreditation title, reveals this year’s first rankings, showing how firms in Asia-Pacific are performing across a range of practice areas
A dispute over buggies, a decision on the UPC’s jurisdiction, and the formal launch of the Patent Mediation and Arbitration Centre were among the top developments
Sofie McPherson says she is excited to work at a firm that offers an integrated approach between attorneys and litigators
Personality rights are among several measures the government must take to maximise the potential of the music licensing market, say lawyers
Pascal Faure, director general of INPI, explains why keeping a cool head is key, and discusses plans to leverage IP assets to secure funding
Gift this article