AUSTRALIA’S IP LANDSCAPE IN 2025: GROWTH, SHIFTS, AND GLOBAL TRENDS
AUSTRALIA’S IP LANDSCAPE IN 2025: GROWTH, SHIFTS, AND GLOBAL TRENDS
The 2025 Australian IP Report, published by IP Australia, provides the latest data and insights on the use of intellectual property rights in Australia, covering patents, trade marks, design rights, plant breeder’s rights and copyright.
Key Highlights at a Glance
Trade mark filings increased 2.8% from the previous year and reached the second-highest level on record
Design right filings hit a record high, with 8.9% growth
Standard patent applications declined by 3.3%, largely due to a fall in US applications
Plant breeder’s rights fell by 1.7%
Australian SMEs are powering local innovation, especially in patent and trade mark activity
China is emerging as a leading force across multiple IP categories
Patent Filings: A Mixed Year for Innovation
Downward Shift in Global Applications
Patent applications dropped by approx. 3.3% in 2024 led by a 3.7% decline from overseas applicants including the United States, Japan and the United Kingdom. The reduction in US patent filings was partially offset by growth in applications from China which increased 5.2%, and set a new record.
Biotech and EV Tech Drive Growth
Despite the fall of 3.3%, patent applications in the biotechnology space from around the globe, increased by 4.7%. Growth in transport technology filings from China, also showed strong patent growth reflecting China’s growing market share in electric vehicles and related parts (including batteries).
Local Inventors Make a Modest Comeback
In contrast, patent applications from Australian residents rose by 0.9% in 2024, following several years of fluctuation. A sizeable 91.5% of patents filed in Australia are filed by non-residents, the remaining 8.5% by Australian residents. The top non-resident filings in Australia were US (42.7%), China (8.5%), Japan (5.0%), the United Kingdom (4.7%) and Switzerland (4.3%). According to the Report, this volatility in resident filings has been largely driven by earlier policy changes to the patent system (see the Australian IP Report 2023 for further details).
In Australia, small and medium enterprises (SMEs) have become a key driver of innovation. From 2002 to 2022, the share of SMEs holding patents increased from 0.13% to 0.22%, while the share for large firms declined. SMEs now account for 55% of Australia’s R&D expenditure, up from 30-40% before 2015. In 2024, patent filings by SMEs and individuals expanded, by 1.9% and 3.9%, representing 87.2% of total resident filings, while large firm filings fell by 6.9% from their level in 2023.
Trade Marks: A Branding Boom
Strong International Demand
Trade mark filings increased by 2.8%, marking the second-highest level on record, surpassed only in 2021. Over half (56.5%) of trade marks filed in Australia are filed by Australian residents. Non-resident filings reached an all-time high, rising by 9.0%, largely driven by sustained strong growth in applications from China. A significant portion of this growth was focused on household items increasingly marketed through e-commerce platforms like Amazon and Temu, amid a broader boom in Chinese e-commerce. Nonetheless, strong growth was also recorded across various other product and service categories, including vehicles and transport. The top non-resident filings in Australia were China, accounting for 13.8% of total filings, followed by the United States (10.0%), the United Kingdom (2.6%), Germany (1.6%) and New Zealand (1.4%). The top international filers for trade marks in Australia were major multinational pharmaceutical and personal care companies. Swiss pharmaceutical manufacturer Novartis AG topped the list followed by L’Oréal.
Domestic Activity Dips – but SME’s Step Up
Resident filings dropped by 0.9%, and according to the Report, likely reflecting weaker domestic economic conditions, including sluggish household spending and a reduced rate of new business formation in 2024. For the second year in a row, gaming machine manufacturer Aristocrat Technologies was the top domestic trade mark filer followed by another gaming machine producer, Ainsworth Game Technology. The proportion of active Australian SMEs holding trade marks rose, with more than 10,000 additional SMEs registering trade marks. This increased the share from approximately 6.89% to 7.02% of all active SMEs. Among Australia’s states and territories, New South Wales remained the leading source of resident trade mark applications in 2024, followed by Victoria and Queensland. However, the Australian Capital Territory (ACT) was the most trade mark intensive, with 21 applications per thousand businesses, surpassing Victoria, NSW, and Queensland, each with 19 per thousand. Application volumes declined across all states and territories except for the Northern Territory and Victoria. Notably, Victoria recorded the highest new business entry rate in 2024, overtaking both NSW and Queensland, which likely contributed to increased trade mark activity in the state.
Design Rights: A Record-Breaking Year
Design right filings reached a record high in 2024, increasing by 8.9%. Design registrations also hit a new peak, rising by 10.7%. Application growth was steady among both Australian residents and non-residents, each recording around 9% growth. However, filings from China stood out, surging by 65% year-on-year. A significant share of new filings focused on transport and hoisting equipment, with filings in this category rising by 20.5% in 2023 and a further 9% in 2024. Chinese electric vehicle manufacturer BYD Company entered the top five international design filers for the first time, ranking fourth. This aligns with broader increases in IP activity within the transport sector. The sharp rise in Chinese originating filings also contributed to strong growth in design protection for home appliances, particularly autonomous cleaning devices.
Plant Breeder’s Rights: A Sector in Transition
Applications for plant breeder’s rights declined for the second year in a row, falling by 4.7%. Non-resident applications, however, rose by 21.3%, with notable growth driven by filings from Germany, New Zealand and the United States. While fruit crops declined for the first time since 2019, this was countered by an increase in filings for ornamentals, marking their first increase since 2019 and showing fresh interest in this category.
What It All Means: A Changing Innovation Landscape
The Australian IP Report 2025 reflects a dynamic and evolving intellectual property landscape, shaped by global trends, domestic economic conditions and the growing role of SMEs in innovation. While overall patent activity softened, there was encouraging growth in key sectors such as biotechnology and electric vehicle technologies, with China emerging as a dominant player. Trade mark and design rights continued to rise, signalling strong brand and product development activity, especially among non-resident filers and e-commerce-driven categories.
About the Author
With over 20 years’ experience as an IP searcher and analyst, Louisa is highly regarded for her experience in all aspects of intellectual property searching across a wide range of technology sectors. Louisa is recognised as a leading patent searcher and analyst, possessing advanced expertise in IP patent databases and systems. Louisa provides consultation and search advice to IP firms, legal professionals, Universities, research organisations, government agencies and assists IP Australia with the development of searching services. Louisa graduated from The University of Sydney, where she earned both a Bachelor of Science with Honours and a PhD, specialising in organic chemistry. Louisa is also a Qualified Patent Information Professional as recognised by the International Standards Board for Qualified Patent Information Professional (ISBQPIP). Her extensive experience as a searcher has allowed her to collaborate effectively with legal teams and is regularly sought as an expert witness.
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