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

News of Dolby suing Snap over AV1 and HEVC patents and SCOTUS offering guidance on the liability of internet service providers were also among the top talking points
Arrival of Caitlin Heard will bolster the soon-to-be-created Ashurst Perkins Coie’s IP presence in the capital
AI, cybersecurity and data practice group will provide clients with legal guidance around AI alongside a 'deep technical foundation’ in IP
Lawyers at Vondst and Biopatents say a ruling concerning the protected status of trade secrets could see the UPC flooded with requests to prevent access to confidential information
Sharad Vadehra of Kan & Krishme discusses why older IP firms still have an edge over up-and-coming boutiques and how the firm is using AI to provide quick and cost-effective service
Lawyers at Appleyard Lees share how they picked apart a plant breeder’s infringement claims concerning the ‘Tango’ mandarin
A further decision on long-arm status, and a new hire for Pentarc in Germany from Taylor Wessing were also among top developments
The US decision marks a rare grant of a request under the Uniform Fraudulent Transfer Act in a patent case
Stobbs has applied to strike out a contempt of court application filed against the firm and two of its lawyers
With trademark volumes surging, trademark teams need to think beyond traditional clearance searches, towards a continuous, intelligence-led workflow, says Meghan Medeiros of Corsearch
Gift this article