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 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

In major recent developments, the court also ruled on another request concerning access to documents and appointed a new panel to the Court of Appeal
A new foundation in Chile is giving women in the IP community the mentorship, and visibility they’ve long lacked
The EUIPO is keen to stress the benefits of mediation as a means of resolving IP disputes, but do roadblocks remain?
Åsa Gustafson, global patent paralegal manager at Zacco, provides insight into the world of a paralegal, explains how she keeps abreast of legal developments, and reveals a passion for weaving
Alif Gultom and Andrew Diamond of Januar Jahja & Partners explain why Indonesia must adopt reforms against bad-faith filings and safeguard its trademark system for the future
In the third episode of a podcast series celebrating the tenth anniversary of IP Inclusive, we discuss the ‘Women in IP’ network and the current state of diversity within the profession
Practitioners, including two ex USPTO directors, say the Patent Eligibility Restoration Act could restore clarity and predictability to US patent law, though concerns remain
News of an alliance between two Malaysian law firms and the launch of a self-help video aimed at supporting IP professionals through menopause were also among the top talking points
Speakers at the EUIPO’s IP Mediation Conference discussed how lawyers can act in tandem with clients during mediation, and the importance of showing a united front
A report that revealed top legal LinkedIn influencers are generating hundreds of thousands in advertising value is the push lawyers need to up their social media presence
Gift this article