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

Monetisation is standing at the forefront of patent development, and one firm says AI is increasingly being deployed
Data centres are being built across the US, prompting patent disputes, but Texas’s thriving tech industry and patent-ready courts make the state particularly ‘ripe’ for litigation
Carpmaels & Ransford is set to bolster its UK attorney team with the appointment of Simmons & Simmons’s head of IP in the UK
Updates on Nokia’s licensing strides and a surge in patent activity around battery recycling in Australia were also among the top talking points
To mark International Day Against Child Labour, Matteo Amerio at Corsearch says the people inside businesses who can identify counterfeiting risks must be given the tools and authority to act
With genuine equity at IP firms becoming rarer, securing partnership is harder than ever, but increased transparency is also making climbing the ladder more predictable
Yossi Sivan explains how Israeli judgment is a pro-brand owner departure from the norm and why it sends a strong message that corporate structures are not always a shield
Halim Shehadeh, group CEO of IP firm CWB, says that in the rush to discuss what AI can do, IP firms are overlooking the more important question of whether they are ready
Caitlin Heard, who formally joined the firm from CMS last month, says she is excited by the ‘energy’ of the London office
Ranjna Mehta-Dutt, who moved to Chadha & Chadha after 25 years at Remfry & Sagar, says the firm plans to expand its life sciences practice through targeted recruitment and dedicated teams for bigger clients
Gift this article