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 2025

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

Gillian Tan explains how she balances TM portfolio management with fast-moving deals, and why ‘CCP’ is a good acronym to live by
In the eighth episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss IP Ability, a network for disabled people and carers active in the IP profession
The longest government shutdown in US history froze ITC operations, yet IP practices stayed steady as firms relied on early preparation and client communication
Licensing chief Patrik Hammarén also reveals that the company will rename its IPR business to better reflect its role in defining standards
The acquisition of Pecher & Partners follows the firm’s earlier expansion into litigation to create a ‘one-stop shop’
News of Via Licensing Alliance launching its first semiconductor patent pool and INTA electing a new president were also among the top talking points
Submit your nominations to this year's WIBL Americas Awards by January 23
The 2026 Life Sciences EMEA Awards is now open for entries. We are looking forward to reviewing and celebrating the industry's most impressive achievements and landmarks from the past year.
The tie-up between Perkins Coie and Ashurst may generate some striking numbers, but independent IP firms need not worry yet, according to practitioners
Perkins Coie’s US patent prosecution strength could provide Ashurst with an opportunity to enter an untapped market in Australia, but it may not be easy
Gift this article