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

Cookies Settings

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

The government is targeting earlier resolution of SEP disputes while ruling out a standalone IPEC rate determination track and restrictions on injunctions
Ana Castedo, who brings a strong focus on patent litigation, is due to help build the firm’s IP litigation offering in Madrid
A former scientist, inventor and now a patent practice leader, Hanane Fathi Roswall shares her views on leadership, diversity, the rise of AI and the promise of the UPC
With rumours that a third IP judge could yet join the England and Wales High Court, we run through some potential names while practitioners outline the importance of a well-stocked bench
Speaking to Managing IP at Via’s Bridge Summit in San Francisco, president Kevin Mack explains why the AI infrastructure boom is forcing a rethink of traditional SEP licensing and FRAND models
Law firms continue to sell clients on international footprints, but sprawling office networks count for little if financial structures discourage internal collaboration
Via's Qi pool expands its footprint in Asia with the addition of Chinese smartphone giant and Japanese auto company
Matthew Cassie becomes the tenth partner to join the firm’s London outpost, and the second since it opened its new headquarters in May this year
A&O Shearman and Fish & Richardson invested in German talent, meanwhile, major firms have assembled for an on the merits case pitting KeeeX against OpenAI and Adobe
Julia Bishop is director of IP at Twilio in the US
Gift this article