IP Spotlight - April 2025

KEY DEVELOPMENTS IN THE AUSTRALIAN IP INDUSTRY

protecting early-stage innovations. The clean energy sector emerged as a significant area of growth. Australia ranked as the second-fastest-growing destination among 19 major economies for patents related to clean energy generation and storage (Australian IP Report 2024). This surge aligns with the nation's strategic focus on renewable energy technologies, including solar, wind, and energy storage systems. Semiconductors also saw substantial growth, with both Australian and Chinese residents increasing their filings in this field. Semiconductors are crucial for powering advanced technologies such as artificial intelligence, telecommunications, and consumer electronics. These trends underscore Australia's commitment to fostering innovation and positioning the nation as a growing hub in clean energy, semiconductors, and early-stage technological developments. IP Australia Fee Adjustments. XXXXXXX The most recent IP Australia fee adjustments were implemented on 1 October 2024. These changes affected patents, trade marks, designs, and plant breeders' rights. While some fees increased, others decreased, with the goal of incentivising early filings and reducing administrative burdens. ​As of April 2025, there have been no new announcements regarding changes to IP Australia fees for the current year. Australia's adoption of the Madrid Goods and Services (MGS) List in March 2024 marked a significant shift in the nation's trade mark classification system. Since the adoption of the MGS List, Australian trade mark classifications are now more consistent with those of other Madrid System member countries, simplifying the process for Australian businesses to protect their marks internationally and improving the efficiency of the application process. Indigenous Knowledge and IP. In May 2024, IP Australia initiated a pilot Indigenous Knowledge Panel to advise on IP applications involving Indigenous Knowledge. The panel’s primary functions include advising on internal processes and policies related to Indigenous Knowledge, assessing IP applications involving Indigenous Knowledge, and promoting awareness and understanding of Indigenous Knowledge within the IP system. For more information on this topic visit our article here. Adoption of the Madrid Goods and Services List.

Introduction of New Patent Proceedings Directions – Federal Court of Australia.

Scam Emails Targeting Trade Mark Holders. In early 2025 the Australian IP Industry was significantly impacted by a fraudulent email campaign targeting trade mark rights holders. These scam emails appeared to be sent by registered patent and trade mark attorneys and typically claimed to offer assistance in protecting an organisation’s intellectual property rights from a purported third-party attempt to infringe upon them. The content of these emails was often misleading and contained incorrect information. A second fraudulent campaign in March 2025 involved ‘address for service’ details being changed in the IP Australia online system without consent. IP Australia took immediate action to freeze and reverse the automatic updates for impacted customers. Unfortunately, scam emails are still circulating within the industry, continuing to create headaches for Australian IP firms. In October 2024, the Full Federal Court delivered a landmark judgment in Sandoz v Bayer, addressing the inventive step requirement for pharmaceutical patents. The court unanimously invalidated two of Bayer’s Xarelto® (rivaroxaban) patents, ruling that they lacked inventive step based on prior art and common general knowledge. This decision provides clarity on assessing inventive step under the pre-"Raising the Bar" Patents Act, influencing future pharmaceutical patent disputes in Australia. Provisional Patent Filing Trends. In 2024 there was a resurgence in provisional patent filings, rising by 2.2% indicating a renewed interest in 3 | wrays.com.au In early 2025, the Federal Court of Australia initiated a pilot program for new Standard Directions in patent proceedings. These directions aim to streamline the litigation process, making it more efficient and predictable. The pilot was launched following consultations led by Justices Stephen Burley and Helen Rofe. A key feature of the new directions is the allocation of a trial date within 14 days of the first case management hearing. This approach contrasts with the traditional model, where trial dates are often set much later in the process. The goal is to expedite proceedings and reduce delays. Clarification of Inventive Step in Pharmaceutical Patents.