Australia reviews patent term for pharmaceuticals

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

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

190 drugs face loss of exclusivity between 2026 and 2030, with the list including Bristol Myers Squibb’s blood-thinning drug Eliquis and immunotherapy medication Opdivo
Nokia, represented by a team from Bird & Bird, adjudged to have made fair offer to Asus and Acer in UK SEP dispute
Azhar Sadique and Kane Ridley, who founded the London office in 2023, are now both working in legal tech and AI-related roles, while another UK-based lawyer has also left
Partner Pierre Pérot rejoins the firm he left in 2022 alongside another returning lawyer, associate Camille Abba
Vaping dispute, in which Stobbs and Brandsmiths are the representatives, tested how the UK's Human Rights Act can apply to injunctions restraining unjustified threats
An AI platform being sold for £40m, and lateral hires involving law firms Womble Bond Dickinson and Cadwell Thomas were among the top talking points
With the London Annual Meeting behind us, we look back at some of the lessons learned this week and ahead to what 2027 will bring
In-house counsel aren’t impressed with law firms’ international networks, but practitioners say they are crucial for business
Publication of the UPC’s annual report and adoption of the procedural rules of the Patent Mediation and Arbitration Centre were also among major developments
With the INTA Annual Meeting drawing to a close, we asked attendees for their top tips on how to close business after a meeting
Gift this article