Queensland Life Sciences Industry Report 2012 (PDF, 3.5MB)

Figure 33: Number of patent applications originating in
Australia, 1995–2010
has not been evident in subsequent years (Figure 34). 109 Across
OECD countries, Australia accounted for 1.5% of pharmaceutical
patents filed under the PCT, 2007-09.
The World Intellectual Property Organisation reported that
resident patent filings by Australian inventors were 4.13 patents
per $b GDP in 2006 and 3.33 in 2009 (last available year). 110 The
resident patent filings by Australian inventors per US$m of R&D
expenditure has declined 47% over the past nine years, from 0.51
in 2001 to 0.24 in 2009 (Figure 35). 111 This is considered a measure
of patent productivity and the decline may be the consequence
of a number of factors; including the increased cost of R&D
activities and patent protection leading to more focused patenting
strategies. A similar decline occurred in the UK. Filings in Canada
were 26% higher in 2009 than they were in 2001, and the figure for
the US was 3.6% over the same period (Figure 35). 112
Figure 34: Number of patent applications by specific
technology area originating in Australia, 2002–2009
Figure 35: Number of patents filed per US$m R&D expenditure,
2001–2009
Granted patents provide a period of protection from others
infringing the claimed invention. This enables time to
commercialise the invention and a period of market exclusivity.
Granted patents, particularly those in US, EU or Japan, are often
seen as indicators of success in the Life Sciences Industry and
are often critical in demonstrating value to potential partners
or investors.
The US is the largest and most lucrative pharmaceutical and
healthcare market in the world and Australian organisations
typically seek to file patents in the US since it is a key market for
potential products and partnerships. Figure 36 shows the total
number of US Life Sciences patents and patent applications
granted and applied for by Australian individuals and organisations
(as determined by the residence of the first-named inventor),
each year between 2007 and 2011. The data is for three relevant
technology classes, (1) drug, bio-affecting and body treating
compositions, (2) molecular biology and microbiology chemistry
and (3) analytical and immunological testing. 113
Figure 36: US Life Sciences patents and patent applications;
Australian organisations/individuals, 2007–2011 114
10.3.1 Patents and License Agreements
In the current survey, a total of 272 patent applications were
reported as filed or granted by 28 respondents (213 for 21
companies and 59 for seven research organisations). In
comparison, 143 patents and patent applications were granted and
filed by 38 companies in 2009. The average number of patents filed
or granted in 2011 was 9.7 and the median was 2.0. Biotechnology
organisations reported 88% of filed or granted patents and those
in TMD accounted for the remaining 12%.
83 out-license agreements were negotiated by 12 organisations
in 2011, with one company accounting for 60 of those agreements.
97.6% of out-license agreements were achieved by Biotechnology
organisations and 2.4% by TMD companies (data not shown).
Ten organisations nominated a combined value of $9.2 million
(average $0.9 million) for their out-license agreements (data
not shown).
A comparison of the number of out-license agreements reported
by Biotechnology organisations through the past four surveys is
shown in Table 58. The number of agreements per respondent has
been increasing.
109 Source: WIPO Statistics Database, December 2011
110 World Intellectual Property Organisation, World Intellectual Property Indicators, 2011,
111 Ibid.
112 Ibid.
113 US Patent and Trademark Office, ‘Patenting in Technology Classes — Breakout By Geographic Origin, 2011, http://www.uspto.gov
114 US Patent and Trademark Office, ‘Patenting in Technology Classes — Breakout By Geographic Origin, 2011, http://www.uspto.gov
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