IP Australia Issues its IP Report for 2024
Published 24 May 2024
Fei Dang
On May 21, 2024, the IP Australia issued its Australian IP Report 2024.
The Report includes an Overview and eight chapters, with highlights, including but not limited to:
IP rights statistics
According to the Report, there were new applications for 31,515 patents, 84,476 trade marks, 8,776 designs, and 296 plant breeder’s rights (PBR) filed in Australia in 2023. Among them, both the applications of trade marks and designs showed strong growth, which was 7.2% and 11.5%, respectively compared to those in the previous year, whereas the applications of patents and PBR decreased slightly by -2.4% and -1.7% respectively.
It is also worth noting that, among all those new applications, 91.9% of patents and 69.8% of designs were filed by overseas applicants; while 58% of trade marks and 49% of PBR were filed by Australian applicants.
Patent applications and grants
The number of patent applications filed in Australia in 2023 was down by 2.4% compared to that in 2022, and such a decrease was wholly attributed to the decreased applications (-2.8%) filed by overseas applicants, which account for 91.9% of all applications in Australia. On the other hand, an increase of 2.4% was seen in the applications filed by Australian residents.
According to the Report, the top five technology fields that filed most patent applications in 2023 were pharmaceuticals (3,945), medical technology (3,690), biotechnology (3,006), organic fine chemistry (1,718), and computer technology (1,694), which account for 12/5%, 11.7%, 9.5%, 5.5%, and 5.4%, respectively, in the share of total classes. However, compared to those in 2022, all five fields showed a decrease in applications (-11.6%, -6.7%, -9.8%, -2.9%, and -1.9%), and it is analyzed that the decline in such applications in the research-intensive fields was due to the tighter economic and financial conditions in 2023.
On the other hand, the Report observed a strong growth in consumer goods, which was an increase of 18.5% to 744 in total, and it is said that it included personal and household items such as clothing, jewellery, non-electric cables, and so on. Further, the field of electrical machinery and apparatus also saw a strong increase of 17.7% in applications.
As it is mentioned above, more than 90% of patent applications in 2023 were filed by overseas applicants, either by the Patent Cooperation Treaty (PCT), which was 3.3% down from 2022, or directly filed in Australia, which was stable at its 2022 level. The top five countries that filed the most patent applications, respectively were the United States of America (13,872), China (2,459), Japan (1,685), the United Kingdom (1,537), and Germany (1,399). Among them, applications from China showed a strong growth to an increase of 13.1% than that of 2022, and it has led the US as the leading source of semiconductor patents in Australia since 2019.
Trade mark applications and registrations
The number of trade mark applications filed in Australia in 2023 increased by 7.2% to 84,476 compared to that in 2022. Among them, the applications by Australian residents had a growth of 9.8% to 49,036 while those by overseas residents grew by 3.7% to 35,440. On the other hand, trade mark registrations fell by 9.9% to 62,825 compared to those in 2022.
According to the Report, the top five trade mark classes that had the most filings in 2023 were technology and electrical apparatus and instruments (15,187, 9.8%), advertising (14,634, 9.5%), education, training and entertainment (11,600, 7.5%), scientific and technological services (11,213, 7.3%), and clothing, footwear, headgear (7,886, 5.1%). Further, the filings in food-related product and service categories also saw a great increase, such as a 14.1% growth in household or kitchen utensils and containers to 3,342, and a 9.4% growth in food, drink and temporary accommodation services to 3,822.
In 2023, it is reported that trade mark filings to Australia via the Madrid system fell by 5.3% to 18,557 company to that of 2022, whereas the direct filing had an increase of 11.3% to 65,919. The top five countries that filed the most trade mark applications, respectively, were the United States of America (9,513), China (8,295), the United Kingdom (2,517), Germany (1,599), and New Zealand (1,281). Among them, applications from China showed a significantly higher growth rate of 51.2% than that of 2022.
In terms of Australian domestic filings, the applications grew by 9.8% to 49,036 in 2023, which was a rebound from the decline (44,647) in 2022, and they were concentrated in advertising (11%), education, training and entertainment (9.2%), and technological and electrical apparatus and equipment (7.1%). Further, according to the Report, 73.7% of filings by Australian residents were made by small and medium enterprises (SMEs), whereas 25.5% were made by individuals.
Plant breeder’s rights (PBR)
The number of PBR applications filed in Australia in 2023 was 296, which was a slight fall from the 301 filings in 2022. Among them, the applications by Australian residents had a growth of 22.9% to 145, while those by overseas resident fell by 17.5% to 151. On the other hand, the PBR registrations increased by 58.5% to 296 compared to those in 2022. It is reported that the process of a PBR registration usually takes about 2.5 years in Australia.
In terms of varieties, the top five most PBR applications filed in 2023 were ornamentals (82), fruit crops (69), field crops (non-cereals, 40), field crops (cereal, 29), and vegetable crops (28), which respectively account for 29.9%, 25.2%, 14.6%, 10.6%, and 10.2% of the total volume.
It can be seen from above that the overseas applications of PBR had decreased to 145 from 182 in 2022, which might be affected due to applications falling from the US (-25.5%), Switzerland (-10.5%), and France (-71.7%). On the other hand, applications from the Netherlands, Denmark, and the United Kingdom showed some significant increase, which were 29.2%, 700%, and 100%, respectively.
Comment
The Australian IP Report 2024 provides a very good opportunity to observe and acknowledge the varieties of IP rights protected in Australia, as well as its latest development.
With detailed data analysis and charts, you can not only quickly get a rough idea of the overview of IP protection in Australia, such as how many applications and registrations of a particular kind of IP right were filed or registered in the past year, in what fields those IP rights were filed or protected the most, where those applicants came from, and so on; but also see the trend of the Australian IP development, which reveals the economic activities behind it as well. For instance, when interpreting the increasing domestic trade mark applications in 2023, the Report points out that such growth coincided with a recovery in Australia’s business entry rate. In a word, the Report is a very important document and resource to have a better understanding of Australia’s IP related development and economic activity.
The Report includes an Overview and eight chapters, with highlights, including but not limited to:
IP rights statistics
According to the Report, there were new applications for 31,515 patents, 84,476 trade marks, 8,776 designs, and 296 plant breeder’s rights (PBR) filed in Australia in 2023. Among them, both the applications of trade marks and designs showed strong growth, which was 7.2% and 11.5%, respectively compared to those in the previous year, whereas the applications of patents and PBR decreased slightly by -2.4% and -1.7% respectively.
It is also worth noting that, among all those new applications, 91.9% of patents and 69.8% of designs were filed by overseas applicants; while 58% of trade marks and 49% of PBR were filed by Australian applicants.
Patent applications and grants
The number of patent applications filed in Australia in 2023 was down by 2.4% compared to that in 2022, and such a decrease was wholly attributed to the decreased applications (-2.8%) filed by overseas applicants, which account for 91.9% of all applications in Australia. On the other hand, an increase of 2.4% was seen in the applications filed by Australian residents.
According to the Report, the top five technology fields that filed most patent applications in 2023 were pharmaceuticals (3,945), medical technology (3,690), biotechnology (3,006), organic fine chemistry (1,718), and computer technology (1,694), which account for 12/5%, 11.7%, 9.5%, 5.5%, and 5.4%, respectively, in the share of total classes. However, compared to those in 2022, all five fields showed a decrease in applications (-11.6%, -6.7%, -9.8%, -2.9%, and -1.9%), and it is analyzed that the decline in such applications in the research-intensive fields was due to the tighter economic and financial conditions in 2023.
On the other hand, the Report observed a strong growth in consumer goods, which was an increase of 18.5% to 744 in total, and it is said that it included personal and household items such as clothing, jewellery, non-electric cables, and so on. Further, the field of electrical machinery and apparatus also saw a strong increase of 17.7% in applications.
As it is mentioned above, more than 90% of patent applications in 2023 were filed by overseas applicants, either by the Patent Cooperation Treaty (PCT), which was 3.3% down from 2022, or directly filed in Australia, which was stable at its 2022 level. The top five countries that filed the most patent applications, respectively were the United States of America (13,872), China (2,459), Japan (1,685), the United Kingdom (1,537), and Germany (1,399). Among them, applications from China showed a strong growth to an increase of 13.1% than that of 2022, and it has led the US as the leading source of semiconductor patents in Australia since 2019.
Trade mark applications and registrations
The number of trade mark applications filed in Australia in 2023 increased by 7.2% to 84,476 compared to that in 2022. Among them, the applications by Australian residents had a growth of 9.8% to 49,036 while those by overseas residents grew by 3.7% to 35,440. On the other hand, trade mark registrations fell by 9.9% to 62,825 compared to those in 2022.
According to the Report, the top five trade mark classes that had the most filings in 2023 were technology and electrical apparatus and instruments (15,187, 9.8%), advertising (14,634, 9.5%), education, training and entertainment (11,600, 7.5%), scientific and technological services (11,213, 7.3%), and clothing, footwear, headgear (7,886, 5.1%). Further, the filings in food-related product and service categories also saw a great increase, such as a 14.1% growth in household or kitchen utensils and containers to 3,342, and a 9.4% growth in food, drink and temporary accommodation services to 3,822.
In 2023, it is reported that trade mark filings to Australia via the Madrid system fell by 5.3% to 18,557 company to that of 2022, whereas the direct filing had an increase of 11.3% to 65,919. The top five countries that filed the most trade mark applications, respectively, were the United States of America (9,513), China (8,295), the United Kingdom (2,517), Germany (1,599), and New Zealand (1,281). Among them, applications from China showed a significantly higher growth rate of 51.2% than that of 2022.
In terms of Australian domestic filings, the applications grew by 9.8% to 49,036 in 2023, which was a rebound from the decline (44,647) in 2022, and they were concentrated in advertising (11%), education, training and entertainment (9.2%), and technological and electrical apparatus and equipment (7.1%). Further, according to the Report, 73.7% of filings by Australian residents were made by small and medium enterprises (SMEs), whereas 25.5% were made by individuals.
Plant breeder’s rights (PBR)
The number of PBR applications filed in Australia in 2023 was 296, which was a slight fall from the 301 filings in 2022. Among them, the applications by Australian residents had a growth of 22.9% to 145, while those by overseas resident fell by 17.5% to 151. On the other hand, the PBR registrations increased by 58.5% to 296 compared to those in 2022. It is reported that the process of a PBR registration usually takes about 2.5 years in Australia.
In terms of varieties, the top five most PBR applications filed in 2023 were ornamentals (82), fruit crops (69), field crops (non-cereals, 40), field crops (cereal, 29), and vegetable crops (28), which respectively account for 29.9%, 25.2%, 14.6%, 10.6%, and 10.2% of the total volume.
It can be seen from above that the overseas applications of PBR had decreased to 145 from 182 in 2022, which might be affected due to applications falling from the US (-25.5%), Switzerland (-10.5%), and France (-71.7%). On the other hand, applications from the Netherlands, Denmark, and the United Kingdom showed some significant increase, which were 29.2%, 700%, and 100%, respectively.
Comment
The Australian IP Report 2024 provides a very good opportunity to observe and acknowledge the varieties of IP rights protected in Australia, as well as its latest development.
With detailed data analysis and charts, you can not only quickly get a rough idea of the overview of IP protection in Australia, such as how many applications and registrations of a particular kind of IP right were filed or registered in the past year, in what fields those IP rights were filed or protected the most, where those applicants came from, and so on; but also see the trend of the Australian IP development, which reveals the economic activities behind it as well. For instance, when interpreting the increasing domestic trade mark applications in 2023, the Report points out that such growth coincided with a recovery in Australia’s business entry rate. In a word, the Report is a very important document and resource to have a better understanding of Australia’s IP related development and economic activity.