Australia reviews patent term for pharmaceuticals

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Australia reviews patent term for pharmaceuticals

Pharmaceutical companies could find the life of their patents cut short in Australia after the government announced it is rethinking provisions that enable patent rights to be extended for up to five years

Mark Dreyfus, Parliamentary Secretary for Industry and Innovation, said yesterday that the government has set up a panel to review extension arrangements for pharmaceutical patents.


“In certain circumstances, pharmaceutical patents can be extended by up to five years beyond the normal patent term. These provisions were introduced back in 1998, and are due for review,” he said.

He added that the review has been launched following concern about the difficulties of bringing generic products to market.

The three-person panel will be chaired by Tony Harris, former NSW Auditor-General and Parliamentary Budget Officer, with academic Dianne Nicol and Nicholas Gruen of Lateral Economics.

Dreyfus said the review will consider issues that affect competition between drugs makers, the importance of the patent system to fostering innovation, international approaches to extending patent term for pharmaceutical products, and Australia’s commitments under trade deals and its membership of the WTO.

The Panel's final report is due to be provided to the government early next year. A public consultation process will form part of the review.

more from across site and SHARED ros bottom lb

More from across our site

Paul Hastings and Smart & Biggar also won multiple awards, while Baker McKenzie picked up a significant prize
Burford Capital study finds that in-house lawyers have become more likely to monetise patents, but that their IP portfolios are still underutilised
Robert Reading and Faidon Zisis at Clarivate unpick some of the data surrounding music-related trademarks
China's latest IP litigation statistics and a high-profile hire by O'Melveny were also among the top talking points this week
David Aylen, who spent more than 20 years at Gowling WLG, has joined United Trademark and Patent Services as of counsel in the UAE
Europe is among the most lucrative legal markets for PE firms to bet on, but clients’ reactions will decide whether external investment drives success
Rulings of note covered pre-June 2023 infringements and jurisdiction over non-UPC states, while winners of Managing IP’s EMEA Awards acted in multiple cases
Jason Blair, a former special marks examiner, said Dykema’s Texas presence will help him build deeper connections with clients
Lee Curtis and Rachel Platts at HGF discuss the rise of the ‘intention economy’ and its impact on trademark law
Martin Wintermeier discusses taking a hit for clients, not letting stress get to you, and why being a criminal defence lawyer might have been fun
Gift this article