Australia: How patents can help grow the hydrogen economy

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: How patents can help grow the hydrogen economy

Sponsored by

griffithhack-400px.jpg
isaac-quesada-w7y3wqamvig-unsplash.jpg

Robert Wulff and Arun Nagasubramanian of Griffith Hack analyse patent filings statistics to assess Australian and global progress towards building a hydrogen-fuelled economy

The development of renewable energy sources has gained momentum worldwide. In this regard, there are signs that a hydrogen-fuelled economy holds potential to replace dependence on fossil fuels.

However as appealing as this prospect appears, some barriers to change exist. The predominant challenges to realise a genuine hydrogen economy include:

  1. Viable hydrogen production;

  2. Hydrogen storage and transport; and

  3. Safe utilisation of hydrogen.


Solving these challenges depends greatly on the nature and extent of innovations that must occur. In this insight, the state of development worldwide is examined, with a specific focus on Australia – a potential hydrogen leader – in tackling the above three challenges, with the use of patent filings as an innovation indicator.

Worldwide filings: The state of innovation

There has been a ‘rekindled’ active interest in hydrogen since around the year 2000, with the number of patent families filed increasing every year for six years until 2006.

 

bc230427c46d48e0a963e299bc2a1f89
Figure 1: Patent filings per year (2000-2020)

 

From 2006, a drop in the number of filings was experienced until about 2011. Yet, filing numbers in 2011 were still significantly higher than those from 2000, with approximately a 97% jump. In the period from 2016 to 2019, patents were filed at a prolific rate over the world (except in Australia), with 2019 representing a 182% increase compared with 2000.

Worldwide applicants

Of the top 20 filers, nearly 77 % of all worldwide filings belong to Asian companies or institutes. Of this, Japan has the edge with nearly 55% of the top 20 filers – Toyota, Honda and Panasonic together own around 7,740 patent families. South Korea follows Japan with 2,574 patent families and the ‘big three’ of Samsung, Hyundai and LG are the country’s main patent holders. 

 

780caaa36bbd4248a794193e3d920c46
Figure 2: Patent filings by company

 

European companies account for about 17% of the top 20 filers with Renault leading the pack. Surprisingly, the top 20 has only one US company – General Motors – with about 685 patent families. These figures indicate that Japanese companies are the hydrogen economy’s leading players, and suggests that Australia’s plan to export massive amounts of ammonia to Japan are a step in the right direction. For reference, ammonia is easier to ship and can be ‘split’ to make hydrogen for fuel cells.

Top filing countries

Although Japanese companies appear to be the front-runners by number, the country with the greatest volume of applications being filed is China. The Chinese government has promoted this shift through various programmes, although no analysis has been undertaken to assess the quality of such patents.

 

062e35794ed0440785547d74864c9cd6
Figure 3: Patent filings by country

 

Japan and the US round out the top three countries, followed by South Korea and countries in Europe. This suggests that the prospect of successfully commercialising ‘hydrogen economy inventions’ is favourably viewed by these leading countries.

Australia’s performance

If Australia wants to stay in the hydrogen economy race, it has some catching up to do in terms of investment by local innovators into practical research, which should help increase filing numbers over time.

At present, the major applicants in Australia include a mix of companies, mainly from Asia, Europe and the US – with Sumitomo having the largest number of filings. None of the key worldwide filers such as Toyota, Honda, Hyundai and Panasonic have applied for protection in Australia. Despite Australia’s resources, this may point to the need for Australia to do more in attracting key players.

 

44ebb2c15aa54935bd3260d3ce280d7b
Figure 4: Australian patent filings by company

 

After an initial kickstart between 2000 and 2004, Australian filing numbers have also been relatively stagnant. The number remains consistent at around 100 filings per year since 2004. Likewise, the number of domestic companies filing for protection (e.g. AquaHydrex, Redflow, Hydrexia, UNSW and Monash University) continues to remain at a static rate. 

 

ef69360a19f94cb28e71191c15469ca4
Figure 5: Australian patent filings by year

 

 

8d1bc307b8bb42b8a428aed36059ce3e
Figure 6: Australian patent filings by Australian-based companies

 

 

cce9feecc48e41f3b79ac11281504155
Figure 7: Australian patent filings by year by Australian-based companies

 

Looking at the positives, domestic companies are looking to protect their inventions globally. For example, domestic companies have a high conversion into WO (PCT) filings, and are then pursuing these filings into the US, Europe, China and Japan – all of which are major countries for the future of hydrogen development. Support from the Australian government’s National Hydrogen Strategy, which aims to position Australia’s hydrogen industry as a major player by 2030, will hopefully enhance Australia’s ‘hydrogen-patent’ output.              

Growing the hydrogen economy

In terms of patenting activity, Japan and South Korea, followed by Europe, lead the world’s hydrogen economy. The world’s two biggest economies, China and the US, will be acutely aware of the status quo and it can be expected that they would adjust their output accordingly.

Put simply, if Australia wants to play a role beyond supplying the natural resources needed for production, it must refocus its research and development (R&D) agenda on hydrogen, and begin increasing its patent output. 


Robert Wulff

Principal, Patent attorney, Griffith Hack

E: robert.wulff@griffithhack.com




Arun Nagasubramanian

Trainee patent attorney, Griffith Hack

E:  arun.nagasubramanian@griffithhack.com


 

 

more from across site and SHARED ros bottom lb

More from across our site

A group of five lawyers who joined Cleary Gottlieb say they want to help expand the firm’s IP litigation practice
As we build up to another busy year for the IP STARS rankings and our Managing IP Awards, we assess some of the major IP firms and trends in Germany
Florina Firaru discusses making new connections, the art of flower arranging, and the biggest misconception about IP
The firm, which appointed three IP partners from A&O Shearman, wants to develop a tier one practice in Europe
The England and Wales appeals court handed down its judgment just seven working days after hearing the trademark dispute involving pharma company Merck
A host of law firms from across Europe and beyond helped bring the streaming technology dispute to a close
Hugues Derème, director general of the Benelux IP Office, unveils his vision for the region, how to improve IP awareness, and use of AI
A copyright win for AI firm Anthropic and a new executive order against law firm Jenner & Block were also among the top talking points this week
A principal at Schwegman Lundberg & Woessner explains how AI tools, including DeepIP, can position the firm to help clients
The firm explains why AI-empowered data analytics could make it a more efficient advocate for its clients
Gift this article