1、AUSTRALIAN IP REPORT2024CopyrightAll content in this publication is provided under a Creative Commons Attribution 4.0 International(CC BY 4.0)licence.http:/creativecommons.org/licenses/by/4.0/with the exception of:the Commonwealth Coat of Arms IP Australias corporate logo photographs of our staff an

2、d premises content provided by third parties including photographs,logos,drawings and written descriptions of patents and designsThird party copyrightIP Australia has made all reasonable efforts to:clearly label material where the copyright is owned by a third party ensure that the third party has c

3、onsented to this material being presented in this publication.Permission may need to be obtained from third parties to re-use their material.Commonwealth of Australia 2024The CC BY licence is a standard form licence agreement that allows you to copy and redistribute the material in any medium or for

4、mat,as well as remix,transform,and build upon the material,on the condition that you provide a link to the licence,you indicate if changes were made,and you attribute the material as follows:Licensed from the Commonwealth of Australia under a Creative Commons Attribution 4.0 International Licence.Co

5、ntact us(www.ipaustralia.gov.au)if you have any enquiries about IP Australias copyright licence or the use of material in this publication.ContentsWelcome to the Australian IP Report 2024 5Overview 6IP and the economy:Key roles and impacts 101 Collaboration,commercialisation and patenting in Austral

6、ia 122 IP and competition:How broad are Australian patents?223 Patents 284 Trade marks 445 Design rights 606 Plant breeders rights 707 Copyright 828 Research program 90Welcome to the Australian IP Report 2024 Australia has a strong advantage in emerging technologies including quantum,artificial inte

7、lligence,and clean energy generation.By harnessing these strengths,we can supercharge the growth of new industries and gain a competitive edge.These frontier technologies present some of the most powerful opportunities we have to grow the economy and raise the social wellbeing of Australians.However

8、,to get the most out of the countrys capabilities in science and technology it is vital for government,industry,and the research sector to work together.Especially important is developing young talent in STEM fields and helping them to use their know-how to build thriving new businesses.According to

9、 this report,Australian startups that employ PhD graduates are nine times more likely than the average new business to receive a patent.Australias capacity to generate valuable IP depends on organisations exchanging their bright ideas and working collaboratively in pursuit of excellence.IP rights he

10、lp facilitate technology transfer and can provide small innovators time to develop commercialisation capability.An effective IP system ensures that Australias innovators can retain and develop their IP at home,while benefiting from access to new technology at the global frontier.Innovation based on

11、collaboration,cooperation and the exchange of know-how is vital to Australias economic success.By supporting Australians on their innovation pathways,we can together tackle some of the worlds most pressing and persistent challenges.Hon Ed Husic MP Minister for Industry and ScienceAUSTRALIAN IP REPOR

12、T 2024|5Overview Published annually,the Australian IP Report presents the latest statistics and research on the use of registered intellectual property(IP)rights in Australia.This years report explores the uses of IP in the innovation process,from invention(creating something new)to commercialisatio

13、n(making it available for sale in the market).Until the 1980s,much basic scientific research was conducted and developed into commercial applications in large corporate labs.Today there is greater specialisation,as described by American economist Professor Ashish Arora:Universities and public resear

14、ch organisations perform the bulk of basic research.Startups play a key role in identifying its commercial applications.Large firms often commercialise and scale the applications.1 IP rights remain a driver of innovation in corporate scientific research by helping firms to commercialise their innova

15、tions.However,IP rights have added significance in an innovation system which relies on linkages between different players,such as universities,startups and corporations.First,IP rights facilitate technology trade,allowing universities and startups to trade their ideas and access the commercialisati

16、on capabilities of others.Second,by protecting innovations from imitation,IP rights provide young and small firms the time often needed to build commercialisation capability.2 In 2023,Australia saw significant growth in applications for trademarks and design rights,design filings reaching a record l

17、evel.Applications for standard patents and plant breeders rights fell slightly from their levels in 2022.However,Australian residents increased their filings across all the registered rights.This years report also shows Australias prominence in emerging technology fields such as clean energy generat

18、ion and storage.Among 19 major economies,Australia is the second fastest growing destination for patent filings in this field.Innovation is a key lever for raising overall welfare and wellbeing.The Australian IP Report offers insights into the dynamic interplay between IP rights,innovation and the b

19、roader economy.Research insights The first two chapters of this years report present new research by IP Australia and its research partners.Chapter 1 explores the links between patenting,collaboration and commercialisation by Australian firms.In Australia,patenting is linked both to research and dev

20、elopment by universities and industry,and the exchange of know-how across firms and sectors.For example,patenting is linked to a firms propensity to collaborate both its past in-sourcing of IP from partners,and its future propensity to form joint R&D and commercialisation arrangements.3 In many indu

21、stries,a competitive environment is needed for technologies to improve over time,as companies vie for technological leadership.The scope of IP rights for example whether they cover more specific or more general discoveries determines their impact on investment and competition.Broader patents can spu

22、r cumulative investment within pioneering firms,as they work to improve on their patented discoveries.4 Conversely,narrower patents reduce the likelihood that competitors will infringe a patent if they seek to build on or around patented technology or ideas.5 Chapter 2 reports on a new study which e

23、valuates the scope of Australian patents compared to the scope of equivalent patents(for the same inventions)granted in the European Union and United States.The study demonstrates the potential for machine learning to create new opportunities to evaluate and benchmark IP rights and the impacts of po

24、licy reform.6 6|AUSTRALIAN IP REPORT 2024Australian IP outlook IP data provides an important lens on economic activity from scientific and technological progress to commercialisation.In 2023,applications in Australia grew strongly for trade marks(+7.2%on their level in 2022)and for design rights(+11

25、.5%to a record level).While applications fell for standard patents(-2.4%)and plant breeders rights(-1.7%),filings by Australian residents increased across all the registered rights(Figure 0.1).In 2023,the global economy continued to confront the challenges of persistent inflation and rising interest

26、 rates.7 However,monetary policy shocks have a limited effect on domestic patenting in Australia,research by the Reserve Bank of Australia shows.8 Further,trade marks,used to launch new products and services,tend to increase with entrepreneurial activity.9 While for small firms the entry rate(the nu

27、mber of new businesses created relative to existing businesses in the economy)has generally tracked sideways over the last decade,it recovered in 2023 from a sharp fall in late 2022,adjusting for seasonal trends.10 All applicantsAustralian applicantsOverseas applicantsNumberGrowthNumberGrowthShareNu

28、mber GrowthSharePatentsFiled31,515-2.4%2,556+2.4%8.1%28,959-2.8%91.9%Granted15,573-5.1%1,000-6.0%6.4%14,573-5.0%93.6%TrademarksFiles84,476+7.2%49,036+9.8%58.0%35,440+3.7%42.0%Registered62,825-9.9%33,983-10.9%54.1%28,842-8.6%45.9%DesignsFiled8,776+11.5%2,652+24.2%30.2%6,124+6.8%69.8%Certified1,540+24

29、.1%520+25.3%33.8%1,020+23.5%66.2%Plant Breeders RightsFiled296-1.7%145+22.9%49.0%151-17.5%51.0%Registered290+58.5%155+115.3%53.4%135+21.6%46.6%Figure 0.1|At a glance:IP rights statistics,2023 This years report includes a chapter on copyright by the Attorney-Generals Department,which develops Austral

30、ias copyright policy.Within the creative and cultural industries,collaboration and licensing are significant drivers of economic value.For example,Australias games industry saw a 59%increase in revenue in 2021-22,enabled by increased collaboration between games developers and music workers.For Austr

31、alian artists and creators,licensing their copyright material generated over$700 million in royalties paid through collecting societies in 2022-23.International comparisons Firms in the United States(US)are highly sensitive to monetary policy shocks in their patenting activity.11 Filings in Australi

32、a from the US fell across the registered rights in 2023.This has driven overall reductions in:new trade marks for science and technology services new design filings for computing equipment.Conversely,growth in patent filings is sustained in technologies that are the focus of strategic competition be

33、tween countries(e.g.,semiconductors)and where Australia is a key destination market(e.g.,clean energy technology).AUSTRALIAN IP REPORT 2024|7Data for policy and decision makers The analytics in this report are derived from IP Australias new open data product,IP RAPID.This provides information on IP

34、applications in Australia spanning more than 100 years and refreshed weekly.The data is publicly accessible in a format suitable for researchers and updated weekly.IP Australia periodically revises its data and time series as more up-to-date or better-quality source data becomes available.Now in its

35、 12th year,the Australian IP Report offers a rich account of IP activity in Australia to inform engagement between government,industry,researchers and the wider community.We welcome you to join the conversation.Web:Office of the Chief Economist,IP Australia Email:chiefeconomistipaustralia.gov.au 8|A

36、USTRALIAN IP REPORT 2024End notes1 Arora,A.,Belenzon,S.,Cioaca,L.C.,Sheer,L.&Zhang,H.(2023).The effect of public science on corporate R&D.NBER Working Paper 31899.Arora,A.and Belenzon,S.(2023).The changing structure of American innovation.NBER Reporter,No.1,March 2023.2 Teece,D.J.(1986).Profiting fr

37、om technological innovation:implications for integration,collaboration,and public policy.Research Policy,15,285-305.See also Arora,A.,Belenzon,S.,Marx,M.&Shvadron,D.(2021).(When)does patent protection spur cumulative research within firms?NBER Working Paper 28880.3 Menezes,F.,Rampino,T.&Verreynne,M.

38、(forthcoming).The Business Environment of Patenting Firms in Australia.IP Australia Economic Research Paper Series 15,The Commonwealth of Australia.Nguyen,K.(2024).Exploring innovation pathways:An insight into funding sources,collaboration networks,and complementary investments in Australias R&D fir

39、ms.IP Australia Working Paper.The Commonwealth of Australia.Dobson-Keeffe,B.(2024).Employee mobility and startup characteristics:Impact on IP propensity and performance.IP Australia Working Paper.4 Arora,A.,Belenzon,S.,Marx,M.&Shvadron,D.(2021).(When)does patent protection spur cumulative research w

40、ithin firms?NBER Working Paper 28880.5 Merges,R.P.&Nelson,R.R.(1990).On the complex economics of patent scope.Columbia Law Review,90(4),836-916.6 Kollmann,T.,Palangkaraya,P,Sarwar,A.,Webster,E.,Anglim,C.and Falk,M.(forthcoming).Raising the Bar reforms:Measuring the impact on relative patent scope.IP

41、 Australia Economics Research Paper Series 14.7 OCED(2023).OECD Economic Outlook,Volume 2023 Issue 2.OECD Economic Outlook,Volume 2023 Issue 2|OECD Economic Outlook|OECD iLibrary(oecd-ilibrary.org).8 Majeed,O.,Hambur,J.&Breunig,R.(2023).Do monetary policy shocks and economic conditions impact innova

42、tion?Working Paper.Nolan,G.,Hambur,J.&Vermeulen,P.(2023).Does monetary policy affect non-mining business investment in Australia?Evidence from BLADE.Reserve Bank of Australia Research Discussion Paper,RDP,2023-09.9 Lyalkov,S.,Carmona,M.,Congregado,E.,Milln,E.&Milln,J.M.(2019).Trademarks and their as

43、sociation with Kirznerian entrepreneurs.Industry and Innovation,27(12),110.10 Australian Bureau of Statistics.(2023,22 August).Counts of Australian businesses,including entries and exits.https:/www.abs.gov.au/statistics/economy/business-indicators/counts-australian-businesses-including-entries-and-e

44、xits/latest-release.11 Ma,Y.&Zimmerman,K.(2023).Monetary policy and innovation.NBER Working Paper 31698.AUSTRALIAN IP REPORT 2024|9IP and the economy:Key roles and impacts IP rights support businesses,startups and research organisations to commercialise their innovations.IP rights facilitate technol

45、ogy transfer,enabling innovators to license or sell their ideas to others.By reducing the threat of imitation,IP rights provide businesses the time needed to build commercialisation capability.SMEs and IP rights After filing for an IP right,Australian SMEs are 16%more likely to experience high emplo

46、yment growth than their peers without recent filings.Start-ups that file IP in their first year are twice as likely to experience high growth (Zhang,2021).In the past two decades,the number of Australian SMEs that hold patents has increased at 5 times the rate of SMEs in the economy,a pattern not ob

47、served for large firms(Dobson-Keeffe&Falk,2024).Invention,collaboration and commercialisation Australian startups that employ in their first year a recent PhD graduate are 9 times more likely than the average new firm to eventually receive a patent(Dobson-Keeffe,2024).Australian firms granted patent

48、s are more likely to form collaborations including joint R&D and joint commercialisation arrangements(Menezes et al.,2024;Nguyen&Falk,2024).The flexibility given to applicants to influence the timing of patent decisions is particularly beneficial for small firms,giving them time to obtain commercial

49、isation resources(Higham et al.,2024).Attracting investment International studies estimate that patents and trade marks increase investors estimates of a startups value by around 20%(especially in the early development stage and early financing rounds)(Hsu&Ziedonis,2013).Compared to their peers,Aust

50、ralian firms with patents obtain more of their funding for innovation from external sources(Menezes et al.,2024).Clean energy Among 19 major economies,Australia is the second fastest growing destination for patent filings related to clean energy generation and storage.In 2023,Australia saw strong gr

51、owth in patents for electrical machinery and apparatus.Chinese design filings for electrical equipment also nearly doubled.IP and competition Australian patents narrowed in the 2010s,relative to patents for the same inventions granted in the European Union and United States,reversing a trend toward

52、Australian patents broadening in relative scope.Australias past patent reforms the Intellectual Property Laws Amendments(Raising the Bar)Act 2012 contributed to reducing the likelihood of Australian patents being broader than their international equivalents by between 1.0 and 4.0 percentage points.1

53、0|AUSTRALIAN IP REPORT 2024Resources Findings are drawn from the Australian IP Report(2022,2023 and 2024 editions),research leveraging Australian Bureau of Statistics BLADE and PLIDA data,and referenced studies.Collaboration,commercialisation and patenting in Australia112|AUSTRALIAN IP REPORT 2024Ac

54、ross a range of measures,the contribution of small and medium enterprise to innovation in Australia has been rising in recent decades.12 The trend may reflect an increasing division of innovative labour,with many successful innovations relying on basic research by universities,startups who contribut

55、e to identifying its commercial applications and large firms who acquire and scale innovative ideas and practices.13 This chapter explores the pathways to innovation in Australia and the relationship between patenting,collaboration and commercialisation.At a glance:The number of SMEs in Australia th

56、at hold patents has increased at 5 times the rate of the number of SMEs in the economy,a pattern not observed for large firms.In Australia,young firms are more likely to patent than older firms.Furthermore,the efficiency of firms in converting R&D spend into patents decreases after a threshold level

57、,indicating it may be higher in smaller enterprise.For smaller firms,flexibility in the patent process to influence the timing of patent grants increases commercialisation outcomes,by providing them time to obtain necessary resources.Firms that have recently been granted patents are more likely to f

58、orm collaborations including joint R&D and joint commercialisation arrangements.Universities are a key source of know-how for Australian startups.14 Australian startups joined in their first year of operation by a PhD graduate are 9 times more likely than the average Australian new firm to eventuall

59、y receive a patent.NEW INSIGHTS FROM COMPREHENSIVE LINKED MICRODATA The findings in this chapter are drawn from three new studies by IP Australia and its research partners using administrative micro-datasets hosted by the Australian Bureau of Statistics.These include the Business Longitudinal Analys

60、is Data Environment(BLADE)and the Person Level Integrated Data Asset(PLIDA).IP Australia commissioned the Australian Institute for Business and Economics(AIBE)at the University of Queensland to examine the business characteristics of patenting firms.The AIBE study focuses on all active businesses fr

61、om 2011 to 2021 that have interacted with the IP system.15 IP Australia built on this study using data on 34,592 R&D-active firms identified in the ABS R&D surveys.16 Separately,IP Australia has used the ABS data linking information on employers and their employees.This covers more than 1.6 million

62、businesses active in Australia and their 17.3 million employees from 2012 to 2021.17 In addition,the chapter draws on an ongoing study of economic outcomes associated with the timing of patent grants.IP Australia commissioned Motu Economic and Public Policy Research and cole Polytechnique Fdrale de

63、Lausanne for this work.The Motu/EPFL study focuses on 316,077 standard patents granted by IP Australia from 2004 to 2016.It examines commercialisation outcomes using IPRoduct,a dataset linking patents to products based on the webpage-listed patent markings.18 14|AUSTRALIAN IP REPORT 2024Innovation r

64、elies on small and large firms,backed by external funding Across a range of indicators,the contribution of small and medium enterprise to innovation in Australia has been increasing over recent decades.For example,in Australia,the number of SMEs that hold patents has increased at 5 times the rate of

65、 the number of SMEs in the economy,a pattern not observed for large firms.19 It is possible this trend reflects an increasing division of innovative labour in Australia,as has been observed for the US.Many successful innovations such as the mRNA Covid vaccine today start their life in university lab

66、s.Startups often play a key role in developing aspects of a technology and identifying its commercial applications.Large firms will often scale up and commercialise innovative ideas that they acquire from startups or develop in collaboration with universities.In an innovation system that relies on e

67、ffective knowledge transfer and collaboration,IP rights can play several roles.On one hand,patents can complement firms efforts to commercialise their innovations by excluding imitators.Conversely,for small and new firms,patents may also serve as a strategic substitute for commercialisation capabili

68、ty.Patents facilitate technology trade,for example between small innovators and larger firms with established commercialisation resources.By protecting innovators from copying,patents can also provide small firms the time necessary to obtain resources and financing.20 The study for IP Australia by t

69、he Australian Institute for Business and Economics(AIBE)found that in Australia large firms are more likely to patent than smaller firms.In addition,R&D expenditure(which is typically greater in larger firms)is positively linked to the number of filed,granted and retired patents attributed to the fi

70、rm.However,young firms(aged between 0 and 5)are more likely to patent than older firms.Building on AIBEs analysis,IP Australia found that the strong positive relationship between R&D expenditure and patents holds only up to a point,estimated at around$868,000.Beyond that point,the rate of increase i

71、n patents from each dollar of additional R&D spend diminishes.21 The result may reflect higher efficiency converting R&D into patents within small firms.Researchers have documented the preference of many engineers and scientists to work in smaller and more intimate organisations,which can result in

72、efficiency gains.22 For example,in large firms,managers may face large demands on their time to oversee existing product lines.In smaller firms,managers can find it easier to devote time to developing new products.23 Focusing on users of Australias patent system,the Motu/EPFL study found that a long

73、er duration between patent filing and grant such as when an applicant delays the patent process tends to increase the likelihood that smaller firms will eventually commercialise a patent-protected product.The pattern was opposite to that observed for large firms.In addition,for small firms,applicant

74、-side delays are linked to increased follow-on innovation within the firm.24 The same patterns were not observed for larger applicants.These results reflect the distinct challenges for innovative small firms to acquire or access commercialisation resources.The findings are consistent also with resea

75、rch identifying the timing of patent grants as an important determinant of licensing and commercialisation outcomes.25 AUSTRALIAN IP REPORT 2024|15Patenting firms are more likely to be involved in collaboration As the AIBE study reports,collaboration is an integral feature of firms undertaking R&D a

76、ctivities in Australia.Collaboration is pervasive in Australian R&D,with various industries collaborating with overseas and domestic partners.Manufacturing firms and professional,scientific and technical services stand out as having the most overseas partners.The AIBE study finds that patenting is p

77、ositively related to a firms propensity to collaborate.The finding is based on conditional correlations and no causality can be inferred.For example,firms with patents may be able to safely disclose their IP to potential R&D partners,helping to facilitate collaboration.Conversely,firms that have eng

78、aged in patenting may enter collaboration as they seek to enhance their R&D activities.Collaboration may also result in patenting by generating innovation outcomes.Building on the AIBE study,IP Australia found that for R&D-active firms patent grants are positively linked to both joint R&D and joint

79、commercialisation arrangements.In addition,Australian firms that acquire intangible assets from partners,such as technology licenses,patents or other IP assets,are on average granted more patents than their peers.In-licensing IP can provide critical access to components needed to develop more comple

80、x technologies.More research is needed to understand the causal mechanisms behind these stylised facts.Nevertheless,taken together,they highlight the role of patents in collaboration and commercialisation and the importance of collaboration to innovation in Australia.Spinouts and patenting To explor

81、e the origins of innovative ideas and practices in Australia,IP Australia is examining the characteristics of Australian startups.A particular focus of the research is on the employment trajectories of their early joiners employees that joined a firm within its first year of operation.US research sh

82、ows that entrepreneurship by employees is a key driver of innovation,geographic clustering and industrial growth.26 When employees of established firms found or join“spinout”ventures,they often target submarkets ignored by their previous employers.A spinout refers to a new company that is created fr

83、om technology,research,or IP that originated within another organisation.The originator may be a research institution(e.g.,a university)or existing company.Figure 1.1.shows how startups that eventually receive a patent in Australia compare to the average new firm in the economy,and how they compare

84、to the average startup in professional,scientific and technical services,being one of Australias most patent-intensive industries.Compared to the latter,those that eventually receive a patent:Are 2.4 times more likely to have been joined by an employee who was previously with a university(10.5%of pa

85、tent producers vs 4.4%on average).Are 4.6 times more likely to have been joined by at least one PhD graduate(11.6%of patent producers vs 2.5%on average).Spinouts are a key means by which research from universities is commercialised.At the same time,as US research shows,the impact of public science o

86、n corporate innovation strongly depends on the training of human capital by universities.27 16|AUSTRALIAN IP REPORT 2024Based on IP Australias analysis,inter-industry mobility employees joining startups from firms in the same industry appears to be an important driver of startup performance.In Austr

87、alia,patent-producing startups are around 3 times more likely than the average new firm to have employed at least one worker who came directly from another patent-holding employer.Figure 1.1|Proportion of Australian startups that employed in their first year of operation at least one employee of a g

88、iven background 0%10%20%30%40%50%60%70%Percentage of Firms1.3%7.2%3.1%21.3%9.0%0.2%2.5%10.2%4.4%23.0%9.9%0.4%11.6%18.1%10.5%64.6%28.3%2.8%PHD EducatedPreviously University Employed(Ever)Previously University Employed(Last)Previously Employed in Patent-Holding Firm(Ever)Previously University Employed

89、(Last)RnD ManagerAll firmsProfessional,Scientific,Technical ServicesEventual Patent-Holding11.6%Source:ABS,PLIDA,2022;ABS,BLADE,2022.AUSTRALIAN IP REPORT 2024|17Knowledge transfer via employees The diffusion of know-how is critical to successful technology transfer and innovation.28 A key way that f

90、irms access know-how is through employee mobility by hiring new people and by maintaining ties with employees that exit to join other firms.29 Mobility can provide firms with direct access to innovative knowledge or intellectual property.In addition,by enhancing a firms stock of knowledge,mobility c

91、an improve a firms absorptive capacity its ability to identify,understand and exploit valuable external knowledge.30 In Australia,firms with a higher proportion of new joiners(relative to a firms existing employee base)tend to patent more,but only when those joiners have come from:university employm

92、ent or are recent graduates patenting firms in the same industry or,to a lesser degree,patenting firms in other industries small patenting firms or,to a lesser degree,from larger patenting firms.Looking at employee exits and their relationship to patenting,few significant effects are observed.An exc

93、eption is when an employee exits to join a small patent-holding venture.For Australian firms,both hiring employees from small patent-holding ventures and losing employees to such ventures is linked to higher patenting by both parties.Several explanations are plausible.As prior research shows,a firms

94、 patent performance can influence preferences among inventors to work for that firm.31 Conversely,employee mobility can facilitate the exchange of know-how,especially if the employee maintains social ties with their previous employer.32 As the employers become more aware of each others innovation ac

95、tivities,this may spur innovation effort and/or patent portfolio building.18|AUSTRALIAN IP REPORT 2024Figure 1.2|Estimated effect of joiners from various different types previous employers on a startups patent performance(positive values indicate positive effect and vice versa)Logit Regression Coeff

96、icients Selected Joiner categories relative to Stayers-50510Joiner Employer CharacteristicsNegative Binomial regression coefficientPatentingNon-PatentingIntra Industry,PatentingInter Industry,PatentingIntra Industry,Non-PatentingInter Industry,Non-PatentingLarge,PatentingMedium,PatentingSmall,Patent

97、ingLarge,Non-PatentingMedium,Non-PatentingSmall,Non-PatentingSource:PLIDA,ABS,2024;BLADE,ABS,2024.Note:Firm size is identified based on a firms number of full-time equivalent(FTE)employees,consistent with ABS definitions:micro,04 employees;small,519 employees;medium,20199 employees;large,200+employe

98、es.For every one percentage point change in joiners from each cohort,the log of firms expected number of filings increase(or decrease)by the respective coefficient,holding other variables constant.Understanding collaboration and the roles for IP in innovationInnovation relies on collaboration and ef

99、fective mechanisms for transferring know-how,such as dynamic labour markets.In turn,effective knowledge transfer can compound the economic benefits of investment in IP and innovation.New microdata has the potential to dramatically improve our understanding of innovation pathways,vital to ensuring th

100、e IP system remans fit-for-purpose.Visit our website to access our economic research papers.AUSTRALIAN IP REPORT 2024|19End notes12 Jones,B.(2024,4 April).Financing SME innovation in Australia challenges and opportunities.Speech to COSBOA National Small Business Summit,4 April 2024,Reserve Bank of A

101、ustralia.13 Arora,A.and Belenzon,S.(2023).The changing structure of American innovation.NBER Reporter,No.1,March 2023.14 Arora,A.,Belenzon,S.,Cioaca,L.C.,Sheer,L.and Zhang,H.(2023).The effect of public science on corporate R&D.NBER Working Paper 31899.15 Menezes,F.,Rampino,T.&Verreynne,M.(forthcomin

102、g).The Business Environment of Patenting Firms in Australia.IP Australia Economic Research Paper Series 15,The Commonwealth of Australia.16 Longlois,R.N.(2003).The vanishing hand:the changing dynamics of industrial capitalism.Industrial and Corporate Change,12(2),351-385.17 Dobson-Keeffe,B.(2024).Em

103、ployee mobility and startup characteristics:Impact on IP propensity and performance.IP Australia Working Paper.18 Higham,K.,Richardson,E.and de Rassenfosse,G.(2024).Patent pendency and applicant innovation outcomes.Working Paper.19 Dobson-Keeffe B and M Falk(forthcoming),The Structural Change in Pat

104、enting Behaviour in Australia,IP Australia Analytical te.20 Teece,D.J.(1986).Profiting from technological innovation:implications for integration,collaboration,and public policy.Research Policy,15,285-305.See also Arora,A.,Belenzon,S.,Marx,M.&Shvadron,D.(2021).(When)does patent protection spur cumul

105、ative research within firms?NBER Working Paper 28880.21 Longlois,R.N.(2003).The vanishing hand:the changing dynamics of industrial capitalism.Industrial and Corporate Change,12(2),351-385.22 Soete,L.and Freeman,C.(1997).The Economics of Industrial Change.Routledge,London.Quoted in Arora,A.and Merges

106、,R.P.(2004).Specialized supply firms,property rights and firm boundaries.Industrial and Corporate Change,13(3),451-475.23 Artz,K.W.,Norman,P.M.,Hatfield,D.E.and Cardinal,L.B.(2010).A longitudinal study of the impact of R&D,patents,and product innovation on firm performance.Journal of Product Innovat

107、ion Management,27,725-740.24 Higham,K.,Richardson,E.and de Rassenfosse,G.(2024).Patent pendency and applicant innovation outcomes.Working Paper.25 For example,see Gans,S.,Hsu,D.H.&Stern,S.(2008).The impact of uncertain intellectual property rights on the market for ideas:Evidence from patent grant d

108、elays.Management Science 54(5),982997.26 Klepper,S.(2015).Experimental Capitalism:The Nanoeconomics of American High-Tech Industries.The Kauffman Foundation Series on Innovation and Entrepreneurship.Princeton University Press.27 Arora,A.,Belenzon,S.,Cioaca,L.C.,Sheer,L.and Zhang,H.(2023).The effect

109、of public science on corporate R&D.NBER Working Paper 31899.28 Reflecting this,patents and know-how are often bundled into licensing contracts.See Arora,A.(2006).Licensing tacit knowledge:Intellectual property rights and the market for know-how.Economics of Innovation and New Technology,4(1),41-60.2

110、9 Kaiser,U.,Kongsted,H.C.and Rnde,T.(2015).Does the mobility of R&D labor increase innovation?Journal of Economic Behavior&Organization,110,91-105.30 Cohen,W.M.and Levinthal,D.(1990).Absorptive capacity:A new perspective on learning and innovation.Administrative Science Quarterly,35(1),128-152.31 Bh

111、askarabhatla,A.,Cabral.,L.,Hegde,D.and Peeters,T.(2020).Are inventors or firms the engines of innovation?Management Science,67(6).32 Kaiser,U.,Kongsted,H.C.and Rnde,T.(2015).Does the mobility of R&D labor increase innovation?Journal of Economic Behavior&Organization,110,91-105.20|AUSTRALIAN IP REPOR

112、T 2024AUSTRALIAN IP REPORT 2024|21IP and competition:How broad are Australian patents?222|AUSTRALIAN IP REPORT 2024A key aspect of patents is their scope,the extent of legal protection that they provide.Broader patents,such as those for more general discoveries or ideas,can spur cumulative investmen

113、t within patenting firms,as pioneers seek to build on their own discoveries.Conversely,narrower patents increase the likelihood that others such as a patentees rivals can design around the patent without infringing it and contribute to improving a technology.Machine learning is opening new opportuni

114、ties to evaluate the characteristics and quality of patents.In 2022-23,IP Australia partnered with the Centre for Transformative Innovation(CTI)at Swinburne University of Technology to assess how Australian patents compare to patents granted for the same inventions in the United States and at the Eu

115、ropean Patent Office.33 At a glance:Australian patents narrowed in the 2010s,relative to patents for the same inventions granted in the European Union and United States,reversing a trend toward Australian patents broadening in relative scope.Australias past patent reforms the Intellectual Property L

116、aws Amendments(Raising the Bar)Act 2012 contributed to reducing the likelihood of Australian patents being broader than their international equivalents by between 1.0 and 4.0 percentage points.The reforms estimated impact was greatest in ICT/software,where open innovation communities and principles

117、are an important force for technological progress.As of 2019,around 51%of Australian patents are estimated to be similar in scope to their international equivalents,around 35%are estimated to be broader,and around 14%are estimated as narrower.Why patent scope is important In 1880 Thomas Edison recei

118、ved a basic patent for his“electric lamp giving light by incandescence.”The invention paved the way for widespread use of electric light.The patents first claim was broad a lamp using a carbonised filament as the source of light.However,the patent was narrowed because the filament needed to be of“hi

119、gh resistance.”Subsequent claims also had a narrowing effect:the invention relied on a bulb made of a single piece of glass that creates a vacuum,and technical principles for connecting the filament to electrical conductors.The patent provided Edisons company now General Electric a dominant position

120、 in the nascent electric lighting industry.34 However,it was sufficiently narrow that others designed around the patent in developing substitute technologies,advancing electric lighting and contributing to the industrys development.35 A patents scope determines its economic impact.Broader patents ca

121、n spur cumulative investment within pioneer firms.36 However,the broader a patent,the more rival products and processes are likely to infringe it.As a result,broader patents can also limit rival innovation and affect market entry decisions by potential competitors.37 Evaluating patent scope is diffi

122、cult,since a patents scope is defined by the text in its claims.New research methods such as machine learning are opening new opportunities for evaluation and benchmarking.In 2023,IP Australia partnered with the Centre for Transformative Innovation(CTI)to assess Australias relative patent scope the

123、scope of Australian patents compared to patents granted for the same inventions in other jurisdictions and the impact of past legislative reforms.24|AUSTRALIAN IP REPORT 2024MEASURING PATENT SCOPE The CTI project developed in several stages.First,the team tasked IP Australias patent examiners with m

124、anually assessing 500 patents for their scope,relative to their equivalent patents granted in the United States and,separately,at the European Patent Office.Second,the CTI team used these assessments to validate certain metrics and as inputs to train and test supervised machine learning models.A key

125、 metric is the difference in word length between the patents first claims:longer claims(e.g.,“an incandescent lamp using carbonised paper as filament”vs“the incandescent lamp”)tend to include more detail and modifying statements which will narrow a patents scope.The CTI team validated this metric ag

126、ainst the examiners manual assessments.The machine learning models predict scope based on a range of textual features of the patents claims.Applying the models resulted in a sample of over 80,000“patent pairs”for analysis.The data covered close to the full population of patents for which applicants

127、requested examination in Australia between 2000 and 2019 and for which equivalent patents were granted by the European Patent Office(EPO)and the United States Patent and Trademark Office(USPTO).Trends in the relative scope of Australian patents In 2013,Australia significantly overhauled its patent s

128、ystem,when the Intellectual Property Laws Amendments(Raising the Bar)Act 2012 came into effect.The Raising the Bar reforms aimed in part to narrow the scope of patents granted in Australia to bring them in line with international standards.Figure 2.1 charts the proportion of Australian patents predi

129、cted to be either narrower,similar or broader than their international equivalents using the Machine Learning model.The figure presents results based on both the full set of claims in the patents and the patents first claims.Patents are charted over time based on their examination request date.In Au

130、stralia,applicants must request examination within 5 years of an applications filing date or the application will lapse.38 The results suggest the proportion of Australian patents that are broader has declined after 2010,reversing a trend toward Australian patents getting broader.The downward trend

131、in broader patents appears to have corresponded with an increase in the share of Australian patents with narrower equivalents,and a trend toward Australian patents becoming more similar in scope continuing to 2019.While the chart suggests a small uptick since 2015 in the proportion of Australian pat

132、ents that are broader,partial data for 2020(not charted)suggests that the trend is flat.Consistent with this finding,the median difference in word counts between Australian patents and their equivalents has remained flat over the same period.Continued monitoring over coming years will confirm whethe

133、r the trend remains stable.Any changes in relative scope over time may reflect changes in Australian patents but may also partially reflect changes in patent scope within the United States or European Union.For example,previous research has found that US patents were narrowing between 2004 and 2014,

134、after broadening from the early 1980s to 2004.39 AUSTRALIAN IP REPORT 2024|25Figure 2.1|Proportion of Australian patents that are broader,narrower and similar in scope to their international equivalents,by examination request year(averages based on comparisons to US and European equivalents)0%10%20%

135、30%40%50%60%Proportion of AU patents20002005201020152020Share BroaderShare NarrowerShare SimilarRaising the barExam Request YearSource:IP Australia;USPTO,PatentsView,2022;EPO,2022.Note:Values represent averages calculated from relative scope measures based on first claims and full set of claims.As o

136、f 2019,most(around 51%)of Australian patents are estimated to be similar in scope than equivalents granted overseas,a minority(around 35%)are broader,and a smaller share(around 14%)are narrower,based on the Machine Learning models.These findings are consistent with results from the manual assessment

137、 of 500 patents pairs by examiners.Based on a small sample of patents,they assessed that around 38%of Australian patents had first claims that were broader than their international equivalents after the Raising the Bar reforms.26|AUSTRALIAN IP REPORT 2024The impact of the Raising the Bar reforms Usi

138、ng the same data,the CTI team estimated the impact of the Raising the Bar reforms in 2013 on the scope of Australian patents.Based on economic modelling,the reforms are estimated to have reduced the likelihood of Australian patents being broader than their international equivalents by between 1.0 an

139、d 4.0 percentage points.The effect is significant considering that an estimated 38%of Australian patents were broader prior to the reforms.Given that the narrowing of Australian patents appears to have begun prior to the reforms,caution is warranted in ascribing causality to the reforms.That said,th

140、e results were robust to shortening the studys timeframe to focus on the period immediately before and after the reforms.The estimated impact of the reforms varied slightly across technology areas.The strongest impact was in ICT/software,while the weakest impact was in more traditional technology fi

141、elds like mechanical and process engineering.Like aircraft and semiconductors,computer technologies are complex and cumulative technologies:many inventors contribute to technical advances,developing different components that build on existing technologies.Narrower patents,alongside open innovation,c

142、an be important in these contexts.Semiconductors have undergone rapid advancement in part because the pioneer patents were freely licensed and proprietary knowledge was shared.40 Advances in artificial intelligence and quantum computing also rely on open innovation,open source and knowledge sharing,

143、according to market leaders like IBM.41 New opportunities for evaluation and benchmarkingNew research methods like machine learning are creating new opportunities to evaluate and benchmark IP rights.This complements other forms of benchmarking conducted by IP Australia and activities under the agenc

144、ys ISO-certified Quality Management System.Techniques for measuring patent scope remain experimental in nature and the focus of continuous improvement by researchers.As they are further improved,they will serve as valuable tools for monitoring trends in patents,and evaluating policy,to ensure the IP

145、 system remains fit for purpose.Visit our website to access our economic research papers.End notes33 Kollmann,T.,Palangkaraya,P,Sarwar,A.,Webster,E.,Anglim,C.and Falk,M.2024.Raising the Bar reforms:Measuring the impact on relative patent scope.IP Australia Economics Research Paper Series 14.34 Merge

146、s,R.P.&Nelson,R.R.(1990).On the complex economics of patent scope.Columbia Law Review,90(4),836-916.35 Katznelson,R.D.and Howells,R.(2021).Exclusive rights stimulate design around:How circumventing Edisons lamp patent promoted competition and new technology development.Journal of Competition Law&Eco

147、nomics,17(4),1007-1052.36 Arora,A.,Belenzon,S.,Marx,M.&Shvadron,D.(2021).(When)does patent protection spur cumulative research within firms?NBER Working Paper 28880.37 Merges,R.P.&Nelson,R.R.(1990).On the complex economics of patent scope.Columbia Law Review,90(4),836-916.38 Under Australian legisla

148、tion,a patent is examined only once the applicant has requested examination.The request can be voluntary or result from the Commissioner of Patents directing an applicant to request examination.39 Marco,A.C.,Sarnoff,J D.&DeGrazia,C.A.W.(2019).Patent claims and patent scope.Research Policy,48(9),1037

149、90.40 Lim,K.(2009).The many faces of absorptive capacity.Industrial and Corporate Change,18(6),1249-1284.See also Von Hippel,E.and von Krogh,G.(2006).Free revealing and the private collective model for innovation incentives.R&D Management,36(3):295-306.41 Gil,D.(2023,7 January).Why IBM is no longer

150、interested in breaking patent records and how it plans to measure innovation in the age of open source and quantum computing.Fortune.https:/ IP REPORT 2024|27Patents3Despite persistent inflation and tightening financial conditions in 2023,standard patent filings by Australian residents grew by 2.4%.

151、Overall patent filings fell by 2.4%,driven by a reduction in US filings,with US firms highly sensitive to rates shocks in their patenting activity.Australia saw growth in patent filings within less research-intensive consumer products.Sustained growth in patent filings is also observed in fields whe

152、re Australia is a key destination market(e.g.,clean energy technologies)and for which there is intense international competition(e.g.,semiconductors).WHAT IS A PATENT?A patent is a temporary legal right that allows the patent owner to exclude others from commercially exploiting an invention.Standard

153、 patents are granted for inventions that are new,useful and involve an inventive step beyond the normal progress of science and technology.Without patent rights,innovators may be unable to recoup investments in innovation and tend to underinvest.By excluding imitators,patents enhance the returns to

154、research and development(R&D)investment.In return for patent rights,innovators must disclose new technical knowledge in their inventions,allowing them to be reworked by others.Standard patent applications and grants In 2023,a total of 31,515 standard patent applications were filed in Australia,down

155、by 2.4%from their level in 2022.In Australia,the COVID-19 shock saw an increase in the volume of patent filings in Australia to record levels in 2021 and 2022(see Figure 1.1).The latest figures are consistent with applications now following a similar rate of annual change to that observed pre-pandem

156、ic.The overall 2.4%decrease in applications in 2023 is wholly attributed to a 2.8%reduction in filings by non-residents(entities outside Australia),which account for 91.9%of all applications filed in Australia.Applications by Australian residents increased by 2.4%.The global economy continues to con

157、front the challenges of persistent inflation,rising interest rates and weak trade growth.42 Economic downturns and rates shocks can reduce aggregate demand and the profitability of innovations.43 Such conditions have a significant effect on patenting by firms in the United States,research shows.US f

158、ilings in Australia fell by 5.9%in 2023.However,such conditions tend to have a limited effect on patenting by Australian firms.44 30|AUSTRALIAN IP REPORT 202405,00010,00015,00020,00025,00030,00026,46831,51532,40926,03329,77929,30229,97928,70028,47628,99029,78832,29217,72515,57323,74417,00717,11217,7

159、7623,09417,06416,40719,29922,74017,154Patent applicationsYear200222023200182019ApplicationsGrants20132012Figure 3.1|Standard patent applications and grants in Australia,2012 to 2023 A patent is enforceable in Australia only after it has been examined and granted.Inventions are

160、examined to determine whether they are novel,industrially useful and not obvious before a patent can be granted.In Australia,applicants must request examination within 5 years of an applications filing date or the application will lapse.45 In 2023,grants of standard patents in Australia fell by 5.1%

161、,to 15,573.Patent grants fell both for residents(6.0%,to 1,000)and non-residents(5.0%,to 14,573).Patent grants in Australia saw a significant spike over the period 2015 to 2017,as shown in Figure 3.1.The spike in grants followed an increase in applications and a large spike in examination requests i

162、n 2013.That year,IP Australia received 1.8 times the number of examination requests as received on average over the past 5 years.Applicants were motivated by Australias Raising the Bar legislative reforms.The new law applied to applications for which examination was requested after April 12 2013,spu

163、rring many applicants to bring their examination requests forward.In addition,the spike in grants followed a temporary fall in requests for IP Australia to conduct international type searches reports that help applicants review the novelty of their patent claims which affect IP Australias examinatio

164、n capacity.AUSTRALIAN IP REPORT 2024|31PharmaceuticalsMedical technologyBiotechnologyOrganic fine chemistryComputer technologyApplications in 20233,9453,6903,0061,7181,694Share of total classes12.5%11.7%9.5%5.5%5.45%Change in applications,2022-23-11.6%-6.7%-9.8%-2.9%-1.9%Figure 3.2|Top five technolo

165、gy fields for volume of standard patent filings in 2023,and high-volume fields with the greatest relative growth and decline in 20231401,0002,0003,0004,000201420233,9453,6903,0061,7181,69412.5%11.7%9.5%5.5%5.4%-11.6%-6.7%-9.8%-2.9%-1.9%Share of total classesChangPharmaceuticalsMedical technologyBiot

166、echnologyOrganic fine chemistryComputer technologyApplications in 2023Share of total classesChange in applications,2022-23Top 5 technologiesStrong growth technologisWeak growth technologiesBiotechnologyComputer technologyMedical technologyOrganic fine chemistryPharmaceuticals2001820192020

167、20212022Standard patent applicationsYearTechnology fields Technology trends in patenting Patents are assigned to technology classes,so provide a useful indicator of the rate of inventive activity across technology fields.46 Consistent with tighter economic and financial conditions in 2023,Australia

168、saw a decline in patenting within research-intensive fields including the life sciences,while patenting grew strongly for consumer goods that are less research-intensive.In Australia,the life sciences dominate other fields for the number of standard patent applications received each year(see Figure

169、3.2).In 2023,standard patent filings fell across the major life science fields by 11.6%in pharmaceuticals,by 6.7%in medical technology and by 9.8%in biotechnology.The results reflect an overall decline in performance for global pharmaceuticals and medicine manufacturing.Global industry revenues decl

170、ined by 2.2%in 2022 with global imports and exports down by 1.9%on 2021 levels.47 32|AUSTRALIAN IP REPORT 2024International patenting in Australia Filing routes into Australia Effective patent laws can encourage businesses to transfer technology into a country and increase inward foreign direct inve

171、stment(FDI).52 The preferred route for non-residents to file patent applications into Australia is through the Patent Cooperation Treaty(PCT).A total of 22,929 PCT applications were filed in Australia in 2023,down 3.3%on their level in 2022.The decline in PCT filings underpins the 2.8%fall in Among

172、high-volume fields,the strongest growth was in other consumer goods(+18.5%,to 744 in total).This category includes personal and household items like clothing,jewellery,non-electric cables,musical instruments and decorative arts.These products usually involve specific technologies that can be customi

173、sed and improved for different users and purposes.They generally require less scientific research compared to science-based fields.49Despite challenging economic conditions,significant patent growth was observed in fields that are the focus of strategic competition between countries(e.g.semiconducto

174、rs see the next section).Strong growth was also observed in electrical machinery and apparatus(+17.7%,to 1,275).This field includes electric machines and basic electric elements,as well as equipment for generating,converting and distributing electric power.In the September quarter of 2023,renewable

175、energy supplied 38.9%of average electricity demand across Australias national electricity market a higher share than recorded in any previous September quarter reports the Australian Energy Market Operator(AEMO).50 Analysis by IP Australia has found that among 19 major economies,Australia is the sec

176、ond fastest destination for growth in patents related to clean energy generation and storage.51 non-resident filings in the same year.In contrast,applications filed directly with IP Australia a route favoured by residents were stable at their 2022 level,with 8,586 in total(Figure 3.3)For applicants

177、who file in Australia through the PCT system,on average there is an 18-month interval between their applications earliest international filing date and when they file the application in Australia(it enters Australian national phase).As such,trends in PCT applications in 2023 largely reflect changes

178、to innovation activity from 2022 and earlier.TAKING IP GLOBAL:THE PCT SYSTEM The Patent Cooperation Treaty(PCT)provides an alternative route to filing applications in Australia.An applicant can file a single international patent application through the PCT instead of filing several national or regio

179、nal applications.The approach provides applicants more time to assess the value of an invention and its most profitable markets while they build their patent strategy.PCT applicants are given 31 months to file an Australian national phase for their application from its priority date.The priority dat

180、e is the date used to identify prior art relevant to assessing the inventions novelty and non-obviousness.AUSTRALIAN IP REPORT 2024|33Figure 3.3|Standard patent applications in Australia by filing route,2014 to 2023 05,00010,00015,00020,00025,00030,00026,03331,51532,40929,30229,97928,70028,47628,990

181、29,78832,29219,25022,92923,71419,44921,11220,94220,93423,38319,96921,1386,7838,5869,0459,0278,1649,0268,5789,0217,5888,846Total applicationsStandard patent applications2000022YearApplications,PCT-national phase entryApplications,direct filingsLocations of origin The

182、lead origins for standard patent applications in Australia are the United States and China,followed by Japan,the United Kingdom and Germany(Figure 3.4).53 Applications from the US fell by 5.9%in 2023(to 13,872).A likely contributing factor was the USs rapid increase in interest rates over 2022 and 2

183、023.In response to an inflation surge,the US Federal Reserve raised the USs benchmark funds rate 18-fold,from 0.25%to 4.5%,between March and December 2022.Federal Reserve officials agreed to hold the funds rate steady between 5.25%and 5.5%in December 2023.A recent study estimates that,on average,a 1

184、00-basis point increase to the federal funds rate reduces patenting in US firms by up to 9%in the following 2 to 4 years.The effect is pronounced for the most impactful and disruptive technologies.54 US filings are concentrated in pharmaceuticals(16.7%of US-origin filings),medical technology(15.8%),

185、biotechnology(12.2%)and computer technology(6.6%)in Australia.34|AUSTRALIAN IP REPORT 2024United States of AmericaChinaJapanUnited KingdomGermanyApplications in 202313,8722,4591,6851,5371,399Share of total applications44.0%7.8%5.3%4.9%4.4%Change in applications,2022-23-5.9%+13.1%+5.5%-0.5%+1.1%Figur

186、e 3.4|Leading locations of origin for standard patent applications in 2023,and high-volume locations with the greatest relative growth or decline in 202355Top 5 Countries05,00010,00015,00020,00017,29320,95221,44719,56019,36918,60919,48121,27419,01819,755SharChangStandard patent applicationsAnnual Vo

187、lumeAnnual ShareAnnual Change2000022YearDespite challenging economic conditions,applications to China have grown to a record level,increasing 13.1%on their level in 2022,to 2,459 in total.China-origin filings have returned to growth after several years of stalled gro

188、wth through the pandemic period.56 Between 2015 and 2020,applications from China rose at an average annual rate of 25.3%.The rise coincided with a dramatic increase in entrepreneurial activity within China.Just 7%of global venture capital investment was located outside the US in 2012.By 2019,China w

189、as the site for 38%of global investment.57 Over recent years,among technology fields,semiconductors is the field that has seen the strongest growth in its share of standard patent filings by Chinese and Australian applicants.Semiconductors or microchips are essential to all electronic devices.Advanc

190、ed new chips are developed to power new technologies.Given their strategic importance,the development of domestic chip production has been a major focus of industrial policy and competition between the United States,China and European Union.58 Semiconductor filings from China have increased in Austr

191、alia since 2015,when China initiated its Made in China 2025 strategic plan to upgrade its technological manufacturing.Since 2019,China has led the US as the leading source of semiconductor patents in Australia.AUSTRALIAN IP REPORT 2024|35BLUGLASS LIMITED:FROM LICENSING TO COMMERCIALISATION BluGlass

192、Limited has developed a breakthrough semiconductor technology called remote plasma chemical vapour deposition(PPCVD).The technology allows for the sustainable production of high efficiency devices,with applications in artificial intelligence,quantum computing and biotechnology.The company was formed

193、 in 2006 to spin out 10 years of research from Macquarie University and has since built a portfolio of 96 patents internationally.1 While the companys entrepreneurial strategy was initially focused on licensing its technology,the company has built capability over time and reoriented to compete direc

194、tly with other equipment manufacturers.In October 2023,BluGlass was named the only Australian member of a regional innovation hub established by the US Department of Defence.The hub is funded under the USs$442.3 billion Chips and Science Act aimed at building capability in domestic chip production.D

195、omestic patenting in Australia Standard patent applications by residents increased by 2.4%in 2023,to 2,556 in total(Figure 3.5).This follows several years of volatility in resident applications,due largely to a policy change to the patent system(see the Australian IP Report 2023 for more details).Be

196、tween May 2022 and December 2023,the Reserve Bank of Australia raised Australias cash rate 14 times,from less than 1.0%to 4.25%.Domestic patenting in Australia,however,has not significantly declined.This is consistent with research showing that monetary policy shocks and macroeconomic conditions ten

197、d to have a limited effect on domestic patenting by Australian firms.59 36|AUSTRALIAN IP REPORT 202405,00010,00015,00020,00025,00030,00024,00628,95929,79626,90027,19726,35725,80226,42227,11729,4132,0272,5562,9962,4022,6742,7822,4962,5682,3432,671Non-residen tResiden t2000192020

198、20212022YearStandard patent applicationsFigure 3.5|Standard patent applications in Australia by residency,2014 to 2023 Most domestic patents by Australian applicants are filed for inventions in Civil engineering(12.9%of Australian-origin applications),Medical technology(8.1%),Transport(6.8%)and Comp

199、uter technology(6.7%).In 2023,around 2,208 employing small and medium enterprise(SMEs)held an enforceable patent.This equates to 0.22%of employing SMEs in operation in Australia by the end of the 2023 financial year.60 The SME share of resident filings has steadily increased over the past decade,fro

200、m 57.9%in 2014 to 62.9%in 2023,and private inventors(individuals)account for an additional 22.1%.AUSTRALIAN IP REPORT 2024|37States and territories Among Australian states and territories,New South Wales(NSW)is the leading source for resident standard patent applications in Australia,followed by Vic

201、toria and Queensland.However,the Australian Capital Territory(ACT)was the most patent-intensive in 2023,with 5.23 applications per thousand businesses in the territory.In 2023,application volumes increased in New South Wales(+13.5%on their level in 2022),Queensland(+9.0%)and Tasmania(+35.0%)but fell

202、 in all other states and territories(Figure 3.6).New South WalesVictoriaQueenslandApplications 1,043570474Change in applications,2022-23+13.5%-9.5%+9.0%Applications per thousand businesses2.501.902.05Western AustraliaSouth AustraliaAustralian Capital TerritoryApplications 2929277Change in applicatio

203、ns,2022-23-3.6%-22.7%-3.8%Applications per thousand businesses2.671.465.23TasmaniaNorthern TerritoryApplications 273Change in applications,2022-23+35.0%-25.0%Applications per thousand businesses1.210.47Figure 3.6|Patent applications by Australian states and territories,2023Source:IP Australia;ABS.Co

204、unts of Australian Businesses,including Entries and Exits,August 2023.Retrieved 14 March 2023.Leading applicants Figure 3.7 lists Australias leading applicants for standard patent applications,separately focusing on resident and non-resident filers.Patent filing activity in Australia is dominated by

205、 major global information and communications technology producers.In 2023,LG Electronics,a multinational electronics company headquartered in South Korea,retained its place as the lead filer for standard patents in Australia.The company filed 196 applications,down from 282 applications in 2022.38|AU

206、STRALIAN IP REPORT 2024020406080735448422222200009Aristocrat Technologies Australia Pty LtdDomestic applicantsCommonwealth Scientific And Industrial Research OrganisationCanva Pty LtdTranh Tri LamBreville Pty LimitedResmed LimitedNewsouth Innovations Pty L

207、imitedMonash UniversityAgriculture Victoria Services Pty LtdRoyal Melbourne Institute Of TechnologyAmgen IncRegeneron Pharmaceuticals IncHalliburton Energy Services IncNicoventures Trading LimitedApple IncSociete Des Produits Nestle SaCaterpillar IncBecton Dickinson And CompanyHuawei Technologies Co

208、 LtdLG Electronics IncInternational applicantsFigure 3.7|Top domestic and international applicants for standard patents in Australia,2023 Huawei Technologies,a major Chinese smartphone and telecommunications company,was second in 2023,with 180 applications,down slightly from its 183 filings in 2022.

209、Ranked third to fifth were:US medical technology producer Becton Dickson and Company(151 applications);construction,engineering and mining equipment manufacturer Caterpillar Inc.(139 applications);and Swiss food and beverage multinational Nestl(135 applications).AUSTRALIAN IP REPORT 2024|39Australia

210、s lead resident applicants focus across a broad range of technology fields including games and furniture,computer technology,biotechnology,medical technology,materials metallurgy,food chemistry and measurement.In 2023,gaming technology producer Aristocrat Technologies retained its position as the to

211、p domestic patent filer with 73 applications.Second ranked was the Commonwealth Scientific and Industrial Research Organisation(CSIRO)with 54 applications.After entering the ranks of top domestic filers in 2022,Australian design software company Canva improved its place from 4th to 3rd in 2023 with

212、48 applications.Canva was founded in Perth in 2013.Within a decade the companys valuation peaked at$54.5 billion in 2021,making it one of the worlds most valuable start-ups.61 With a current focus on launching artificial intelligence-based products,many of the companys patent filings in 2023 relate

213、to systems and methods for automatically generating designs,processing designs,animating design elements,and managing prompt-based image editing.The above rankings are based on the number of standard patent applications filed by applicants(including original and divisional applications).Applicants v

214、ary in the rate at which they convert patent applications into grants and the timing with which they progress applications.Provisional applications A provisional application is one of several options available to businesses to establish a position in the patent system in Australia and key export mar

215、kets.TAKING THE FIRST STEP:PROVISIONAL PATENTS Filing a provisional patent gives applicants 12 months to decide whether to file a complete patent application.Provisional applications are not subject to substantive examination and offer no enforceable protection.However,they establish the priority da

216、te that will be used to identify prior art relevant to assessing the complete patent application,should an applicant decide to file one.Obtaining a provisional patent is not prerequisite to filing for a complete patent.A key benefit though is that applicants can disclose,make,use and sell their inve

217、ntion while maintaining the option to seek complete protection.In 2023,the number of provisional filings totalled 4,244,up 5.2%from their level in 2022.Applications by residents increased by 4.0%(to 3,903)while those by non-residents increased by 20.9%(to 341).Residents account for 92.0%of all provi

218、sional applications.As a proportion of standard patent filings,provisional filings have declined steadily over the past decade.On average,7 standard patent applications were filed for every provisional application in 2023,compared to 5 standard patents for each provisional in 2014.The decline in pro

219、visional filings is mostly driven by a reduction in filings by individual applicants.Filings by large organisations and SMEs have remained relatively stable over the past decade.40|AUSTRALIAN IP REPORT 2024The likelihood of applicants converting provisional applications into complete applications ha

220、s increased over the last decade.This trend holds both for applicants in general and for key users of the provisional patent system(e.g.,CSIRO).It may reflect an increasingly efficient ability of applicants to triage new discoveries for patent protection.63 Australian filings overseas In internation

221、al trade,patents are associated with a significant export premium.According to one recent study,patenting in a destination market increases the value of exports by 6%.62 Given their role in trade,patents often comprise part of larger patent“families,”sets of patents in various countries relating to

222、a single invention.Over 90%of patents granted in Australia have at least one family member granted in another jurisdiction.64 The leading destination markets for Australian patents are the US,the European Patent Office(EPO),China,New Zealand and Japan(see Figure 3.8).In 2022,Australian patent filing

223、s abroad fell by 3.1%in 2022 below their level from 2021,to 9,045,based on the latest available data from the World Intellectual Property Organization(WIPO).However,Australian filings increased in the US(+0.4%,to 3,481)and in Japan(+13.5%,to 572),while they fell at the EPO(2.1%,to 1,004).Australians

224、 can seek patent protection in other countries by filing through the PCT or at IP offices in target markets.Australians increasingly prefer the PCT route when taking their ideas global.The share of Australian filings abroad filed via the PCT increased from 66.9%in 2013 to 72.7%in 2021,a stable share

225、 as of 2022.United States of AmericaEuropean Patent OfficeChinaNew ZealandJapanApplications in 20223,4811,004651646572Share of total applications38.5%11.1%7.2%7.1%6.3%Change in applications,2021-22+0.4%-2.1%-12.0%-4.3%+13.5%Figure 3.8|Leading destinations for Australian patent filings abroad,2022 3,

226、4811,00465164657238.5%11.1%7.2%7.1%6.3%+0.4%-2.1%-12.0%-4.3%+13.5%SharChangTop 5 Destinations01,0002,0003,0004,0005,0006,0006,2376,3546,4616,0906,2956,3116,4256,2906,097Patent applications20002020212022YearSource:WIPO IP Statistics DatabaseAUSTRALIAN IP REPORT 2024|41End notes4

227、2 OCED(2023).OECD Economic Outlook,Volume 2023 Issue 2.OECD Economic Outlook,Volume 2023 Issue 2|OECD Economic Outlook|OECD iLibrary(oecd-ilibrary.org).43 Ma,Y.&Zimmerman,K.(2023).Monetary policy and innovation.NBER Working Paper 31698.44 Majeed,O.,Hambur,J.&Breunig,R.(2023).Do monetary policy shock

228、s and economic conditions impact innovation?Working Paper.Nolan,G.,Hambur,J.&Vermeulen,P.(2023).Does monetary policy affect non-mining business investment in Australia?Evidence from BLADE.Reserve Bank of Australia Research Discussion Paper,RDP,2023-09.45 Under Australian legislation,a patent is exam

229、ined only once the applicant has requested examination.The request can be voluntary or result from the Commissioner of Patents directing an applicant to request examination.46 Application trends across classes are analysed using a scheme maintained by the World Intellectual Property Organization(WIP

230、O).The WIPO technology concordance groups various International Patent Classification classes and subclasses into 35 technology fields.For details,see https:/www.wipo.int/ipstats/en/.47 IBISWorld.(2023).Global Pharmaceutical and Medicine Manufacturing,Industry Report.48 High volume fields are define

231、d as classes in the top quartile for total number of applications received in 2023.49 Merges,R.P.&Nelson,R.R.(1990).On the complex economics of patent scope.Columbia Law Review,90(4),836-916.50 AEMO.(2023,October).Quarterly Energy Dynamics Q3 2023.https:/.au/-/media/files/major-publications/qed/2023

232、/qed-q3-2023-report.pdf?la=en.51 The analysis,by IP Australias Patent Analytics Hub,used global patent data provided by PATSTAT,covering patent families filed between 2017 and 2021.The key growth metric used was defined as the annual growth in patent families filed within a jurisdiction(in percentag

233、e terms),relative to the average growth across key comparator countries,given by the gradient of the line of best fit of the total patent family data.52 Lee,J.Y.&Mansfield,E.(1996).Intellectual property protection and U.S.foreign direct investment.The Review of Economics and Statistics,78(2),181186.

234、53 A countrys count of applications includes single party applications originating from that country and multi-party applications with at least one co-applicant from that country.Where an application names multiple applicants from a given country of origin,that application is counted only once towar

235、d that country.54 Ma,Y.&Zimmerman,K.(2023).Monetary policy and innovation.NBER Working Paper 31698.55 High volume locations are defined as those above the mean for total number of applications received in 2023.56 The rapid growth in Chinese patent filings in Australia moderated in 2021 and 2022,as C

236、hinas government phased out financial subsidies,tax breaks and other social benefits designed to encourage patenting.57 Lerner,J.,Liu,J.,Moscona,J.,Yang,D.Y.(2023).Appropriate entrepreneurship?The rise of China and the developing world.NBER Working Paper 32193.58 Edwards,J.(2023,28 May).Chips,subsid

237、ies,security,and great power competition.Lowy Institute.Chips,subsidies,security,and great power competition|Lowy Institute.59 Majeed,O.,Hambur,J.&Breunig,R.(2023).Do monetary policy shocks and economic conditions impact innovation?Working Paper.Nolan,G.,Hambur,J.&Vermeulen,P.(2023).Does monetary po

238、licy affect non-mining business investment in Australia?Evidence from BLADE.Reserve Bank of Australia Research Discussion Paper,RDP,2023-09.60 ABS.Counts of Australian Businesses,including Entries and Exits,August 2023.Retrieved 14 March 2023.61 Nugent,A.(2023).Running out of ideas or getting better

239、 at picking winners:what does the decline in provisional patent applications mean?IP Australia Working Paper.62 de Rassenfosse,G.,Grazzi,M.,Moschella,D.&Pellegrino,G.(2022).International patent protection and trade:Transaction-level evidence.European Economic Review,147,Article 104160.63 Nugent,A.(f

240、orthcoming).Running out of ideas or getting better at picking winners?Trends in provisional patent applications in Australia.IP Australia Analytical Note64 Higham,K.,Richardson,E.and de Rassenfosse,G.(2024).Patent pendency and applicant innovation outcomes.Working Paper.42|AUSTRALIAN IP REPORT 2024A

241、USTRALIAN IP REPORT 2024|43Trade marks4In 2023,trade mark filings in Australia returned to growth,rising 7.2%on their level in 2022,driven by a 9.8%increase in resident filings.Trade mark filings reflect entrepreneurial activity,and Australias business entry rate recovered in 2023 from a sharp fall

242、in late 2022,in seasonally adjusted terms.Trade mark filings for technology-intensive services fell,as filings from the United States(US)declined,while overall filings from China rose by 51.2%.WHAT IS A TRADE MARK?A trade mark is a type of IP right which distinguishes the trade origin of goods or se

243、rvices in the market.A registered trade mark confers its owner with the exclusive right to use the mark,or authorise others to use it,and seek relief if the trade mark is infringed.65 To be registrable,a trade mark must be sufficiently distinctive and not confusingly similar to any earlier marks.Reg

244、istered trade marks enjoy protections under trade mark law which are often easier to enforce than protections available to unregistered trade mark owners.Trade mark applications and registrations In 2023,trade mark applications filed in Australia increased by 7.2%on their level in 2022,to 84,476(see

245、 Figure 2.1).The total for 2023 is exceeded only by the record filing volume in 2021.Resident applications grew by 9.8%(to 49,036)and non-resident applications grew by 3.7%(to 35,440).Trade mark filings by residents comprise 58.0%of total annual filings.Trade mark registrations fell by 9.9%,to 62,82

246、5 in total,down from the record level in 2021 and slightly smaller volume in 2022.Similar proportional rates of change were observed for registrations by residents(10.9%to 33,983)and non-residents(8.6%to 28,842).46|AUSTRALIAN IP REPORT 2024020,00040,00060,00080,00062,77284,47688,73875,64873,21278,83

247、377,49271,37764,45276,62181,70862,97942,98762,82570,59543,40459,97858,58546,96549,68564,08769,71647,15157,863Trade mark applicationsApplicationsRegistrationsYear200222023200012Figure 4.1|Trade mark applications and registrations filed in Australia,2012 to 2023 Trade

248、mark filings are a leading economic indicator,providing an early indication of significant turning points in the business cycle and where the economy is heading in the near term.A new IP Australia study estimates that a 1%increase in real Gross Domestic Product(GDP)is linked to a 1.4%increase in tra

249、de mark filings.66 From the same study,Figure 4.2 charts the number of trade mark applications filed in Australia each quarter from 1970 to 2023.Filings per quarter have generally exhibited an upward trend over the past 5 decades,accounting for seasonal patterns over time.On average,in the 1970s,aro

250、und 1,200 applications were filed per quarter,amounting to 4,800 applications per year.By the 2010s,more than 17,000 applications were filed per quarter,totalling over 68,000 applications a year.Trade mark filings have experienced significant fluctuations during key economic downturns including Aust

251、ralias early 1990s recession,the 2008 Global Financial Crisis and the Covid-19 pandemic.Resident filings fluctuated more strongly than non-resident filings during these periods.AUSTRALIAN IP REPORT 2024|47The COVID-19 pandemic saw a significant increase in trade mark filings in 2020 and 2021,which w

252、ere counter-cyclical,followed by a correction in 2022.In 2023,trade mark filings increased despite growth in the Australian economy slowing over the first half of the year.However,final demand growth remained around its pre-pandemic average and business investment was strong,as supply disruptions be

253、ing unwound to a large pipeline of work.670K5K10K15K20KTrade mark applications1980Year02020Total trade mark applications in Australia 1970-2023Early 1990s RecessionGlobal Financial Crisis 2008Covid-19 PandemicFigure 4.2|Quarterly volume of trade mark applications filed in Australia,Q1 197

254、0 to Q3 2023 Trade mark classes Trade mark applications are assigned to good and service categories using the Nice Classification,an international system of 45 good and service classes.68 Applicants can nominate one or several classes for their trade marks on average,applicants filed 1.83 classes pe

255、r application in 2023,amounting to 153,852 total class filings.Trade mark filing activity is concentrated in a variety of goods and service categories.High-tech manufacturing industries are heavy filers of trade marks,as are information-intensive services(e.g.,advertising and education,see Figure 4.

256、3).In 2023,trade mark filings fell across several technology-intensive classes by 4.7%for 48|AUSTRALIAN IP REPORT 2024Top 5 classesStrong growth classesWeak growth classes05,00010,00015,000Technological andelectrical apparatusand instrumentsEainingand entertainmenttechnologicalservicesClothing,footw

257、ear,headgear15,18714,63411,60011,2137,8869.8%9.5%7.5%7.3%5.1%-4.7%-1.5%+3.1%-4.6%+9.4%Share of total classesChangTrade mark applications2000022YearAdvertisingClothing,footwear,headgearEducation,training and entertainmentScientific and technological servicesTechnologi

258、cal and electrical apparatus and instrutmentsTechnology and electrical apparatus and instrutmentsAdvertisingEducation,training and entertainmentScientific and technology servicesClothing,footwear,headgearApplications in 202315,18714,63411,60011,2137,886Share of total classes9.8%9.5%7.5%7.3%5.1%Chang

259、e in applications,2022-23-4.7%-1.5%+3.1%-4.6%+9.4%Figure 4.3|Top five trade mark classes for volume of trade mark filings in 2023,and high-volume classes with the greatest relative growth and decline in 202368technological and electrical apparatus(to 15,187)and by 4.6%for scientific and technologica

260、l services(to 11,213).The decline was underpinned by a reduction in filings from the US,which is the lead origin behind Australia for filings in these classes.After an initial surge in 2022,applications remain elevated for virtual goods,such as non-fungible tokens and services related to virtual env

261、ironments where users interact(e.g.,the metaverse).In 2023,IP Australia released new guidance for trade mark applicants on how to classify mark goods and services that relate to emerging technologies,in anticipation of an update to the Nice Classification system.Prior studies link trade mark trends

262、to changes in real household income.69 Through the year to November 2023,household spending in Australia grew by 3.1%,with the growth concentrated in services(+6.2%).Across spending categories,the largest increases were in transport(+8.3%),health(+7.8%)and hotels,cafes and restaurants(+5.8%),reports

263、 the Australian Bureau of Statistics.70 Consistent with these trends,trade mark filings increased in food-related product and service categories.These include Household or kitchen utensils and containers(+14.1%,to 3,342)and Food,drink and temporary accommodation services(+9.4%,to 3,822).AUSTRALIAN I

264、P REPORT 2024|49International trade mark activity in Australia Filing routes into Australia For businesses,trade mark registrations are an important entry ticket into competing in overseas markets,and help exporters to differentiate their goods and services from competitors.71 TAKING IP GLOBAL:THE M

265、ADRID SYSTEM Brand owners can directly file for trade marks with IP offices in the countries and regions where they seek protection or file an international application through the Madrid system.The Madrid route provides a streamlined way for applicants to file an international trade mark applicatio

266、n and seek protection in multiple jurisdictions.In 2023 Madrid filings in Australia fell by 5.3%from their level the year prior(to 18,557),while direct filings increased by 11.3%(to 65,919).Over the past decade,a steadily increasing share of new trade marks in Australia have been filed via the Madri

267、d system 22.0%in 2023 compared to 17.8%in 2014(see Figure 4.4).On average,for applications filed in Australia through the Madrid system,there is a 3.5-month delay between the international applications earliest filing date and when the application is received by IP Australia.Consequently,Madrid fili

268、ngs in 2023 reflect international IP activity in 2022 and 2023.50|AUSTRALIAN IP REPORT 2024020,00040,00060,00080,000100,00064,45284,47688,73875,64878,83377,49271,37773,21276,62181,70811,47618,55719,62012,47114,46516,88115,84917,73915,83419,58952,97665,91969,11861,65857,90959,24458,90664,82758,74760,

269、772Trade mark applications2000022YearAnnual VolumeAnnual ChangeTotal applicationsApplications,MadridApplications,direct filingsFigure 4.4|Trade mark applications in Australia by filing route,2014 to 2023 Locations of origin The leading overseas locations of origin fo

270、r trade mark filings in Australia are the United States(11.3%of total applications in 2023,China(9.8%),the United Kingdom(3.0%),Germany(1.9%)and New Zealand(1.5%),as shown in Figure 4.5.Among high volume locations,China saw the strongest filings growth in 2023.Trade mark applications naming Chinese

271、residents increased by 51.2%between 2022 and 2023,from 5,486 to 8,295,and now account for 9.85%of total filings.The key driver of growth was filings for household or kitchen utensils and containers,which nearly doubled from 405 in 2022 to 815 in 2023.Applications fell in 2023 for 3 of the other 4 le

272、ading locations of origin.The largest relative decline was in applications from Germany(13.1%,to 1,599),followed by the United States(10.5%,to 9,513)and the United Kingdom(7.7%,to 2,516).For growth in applications,China was followed by Cyprus,filings from which spiked by 30.9%above their 2022 level(

273、from 81 to 106).This follows 3 years of consecutive growth between 2020 and 2022.AUSTRALIAN IP REPORT 2024|51On 12 June 2020,Cyprus overhauled its trade mark laws to simplify and accelerate application proceedings and harmonise its trade mark law with European standards.Figure 4.5|Leading locations

274、of origin for trade mark filings in 2023,and high-volume locations with the greatest relative growth or decline in 202372United States of AmericaChinaUnited KingdomGermanyNew ZealandApplications in 20239,5138,2952,5171,5991,281Share of total applications11.3%9.8%3.051.9%1.5%Change in applications,20

275、22-23-10.5%+51.2%-7.7%-13.1%+6.0%Top 5 Countries05,00010,00015,00020,00013,55823,20520,45714,60518,98522,59415,73221,98418,83119,733SharChangAnnual VolumeAnnual ChangeAnnual ShareTrade mark applications2000022YearOther jurisdictions such as the United States have exp

276、erienced rapid increases in trade mark filings from China over the last decade.Between 2017 and 2021,Chinas share of US trade mark filings tripled from 10%to 29%.A study of 365 Chinese-origin applications for apparel trade marks filed for apparel at the USPTO in 2017 found that 44.4%involve a word“t

277、hat is unpronounceable in English and that the applicant indicated has no meaning in any other language.”73 IP Australia undertakes daily scans of Australias trade mark register for marks comprised of random collection of letters.IP Australia also has rigorous processes for identifying and managing

278、fraudulent filings.At present,most marks of this type meet minimum filing requirements,have a high acceptance rate and many appear linked to genuine use.For example,such marks are sometimes used to sell in online marketplaces inexpensive everyday items for which consumers do not have strong brand lo

279、yalty.52|AUSTRALIAN IP REPORT 2024Domestic trade mark activity in Australia The domestic trade mark environment Trade mark applications filed by Australian residents grew by 9.8%in 2023,to 49,036 in total(Figure 4.6).Resident filings have rebounded from a 16.3%decline in 2022.Today,they sit below th

280、eir record levels during the first years of the COVID-19 shock but above the pre-pandemic trend from 2015 to 2019.Figure 4.6|Trade mark applications in Australia by domicile,2014 to 2023 010,00020,00030,00040,00050,00022,77035,44031,53824,34930,04535,39326,16034,18630,26431,39041,68249,03653,34544,2

281、5844,64747,05246,35751,66347,02845,954Trade mark applications2000022YearTrade mark filing activity is linked to the level of opportunistic entrepreneurship in a country to start-up activity directed at creating high-growth businesses.74 Businesses will often use trad

282、e marks to announce the introduction of new products and services to the market.75 Given this role,in Australia,domestic trade mark filings are concentrated in advertising(11.0%of resident applications),education,training and entertainment(9.2%),and technological and electrical apparatus and equipme

283、nt(7.1%).AUSTRALIAN IP REPORT 2024|53In 2023,the growth in resident filings coincided with a recovery in Australias business entry rate.During 2022,the total count of businesses operating in Australia dropped,by 0.3%from the June to December quarters after adjusting for seasonal patterns.This declin

284、e in total businesses was counter to the long-term trend and underpinned by a fall in Australias business entry rate,from 5.41%to 4.58%in late 2022.A low entry rate held through the first half of 2023 before recovering to 5.44%in the 2023 September quarter.76 In 2023,small and medium enterprise(SMEs

285、)accounted for 73.7%of all resident trade mark filings.Individuals accounted for 25.5%of resident filings.The share of employing SMEs operating in Australia that hold a trade mark increased between 2022 and 2023,from 4.12%to 4.38%.77 TM CHECKER:FREE TRADE MARK AVAILABILITY CHECK,POWERED BY AI In 202

286、3,IP Australia piloted a new digital self-service product,TM Checker,to increase the ease and efficiency of applying for trade marks.The product makes it easier for novice users(e.g.,self-filers or SMEs)to check whether their ideas for trade marks are similar to existing registered marks.The tool us

287、es AI technologies to provide information to users on common issues they might face during the application process and guides them to complete the process.In the second half of 2023 there were over 58,000 checks performed using the product,which resulted in 3,300 TM Headstart applications submitted

288、via the tool.TM Checker also supports IP Australia to meet our demand for public education and awareness on the use(and limits)of trade marks.We have formed partnerships with other outlets for new businesses,such as domain registration websites,who link to our product.These partnerships are aimed at

289、 ensuring that business owners can check whether their trade mark is registrable as they set up their business.54|AUSTRALIAN IP REPORT 2024States and territories Among Australian states and territories,New South Wales(NSW)is the leading source for resident trade mark applications in Australia,follow

290、ed by Victoria and Queensland.However,the Australian Capital Territory(ACT)was the most trade mark-intensive in 2023,with 47.47 applications per thousand businesses in the territory(compared to 42.64 in Victoria and 41.94 in New South Wales).In 2023,application volumes increased in all states and te

291、rritories on their levels in 2022(Figure 4.7).New South WalesVictoriaQueenslandApplications 17,23114,0129,625Change in applications,2022-23+9.5%+8.7%+7.6%Applications per thousand businesses41.9442.6441.82Western AustraliaSouth AustraliaAustralian Capital TerritoryApplications 3,9052,874768Change in

292、 applications,2022-23+23.5%+6.7%+17.1%Applications per thousand businesses31.7038.4047.47TasmaniaNorthern TerritoryApplications 498165Change in applications,2022-23+7.8%+19.6%Applications per thousand businesses24.6220.20Figure 4.7|Trade mark applications by Australian states and territories,2023 So

293、urce:IP Australia;ABS.Counts of Australian Businesses,including Entries and Exits,August 2023.Retrieved 14 March 2023.AUSTRALIAN IP REPORT 2024|55Leading applicants International filers In 2023,the top international filers for trade marks in Australia were led by major multinational pharmaceutical a

294、nd personal care companies.Swiss pharmaceutical manufacturer Novartis AG filed 107 applications,followed by French cosmetics producer LOral,with 98 applications.After leading in 2021 and 2022,the British biopharmaceutical company Glaxo Group Limited slipped to eighth place.Its filings more than halv

295、ed between 2022 and 2023.In third place,a new entrant into the list of top international filers was Lidl Stiftung&Co KG,a major European discount supermarket chain.The company announced plans for expansion into Australia in 2019 then pulled back from these plans in 2020.78 050554343373535

296、350505656Domestic applicantsInternational applicantsAristocrat Technologies Australia Pty LtdCannatrek Group Pty LtdAinsworth Game Technology LimitedEndeavour Group LimitedPharmacor Pty LimitedAldi Foods Pty LimitedColes Group LimitedMars Australia Pty LtdMetal Manufactures Pty

297、 LimitedMontu Group Pty LtdTerre Property Partners Pty LtdNovartis AgLorealLidl Stiftung&Co KgZhongxian ZhangApple IncLihuan YanHyundai Motor CompanyGlaxo Group LimitedBoehringer Ingelheim International GmbhNintendo Co LtdShenzhen Yangyou Technology Co LtdFigure 4.8|Top domestic and international ap

298、plicants for trade marks in Australia,2023 56|AUSTRALIAN IP REPORT 2024Domestic filers The leading domestic trade mark filer was gaming machine producer Aristocrat Technologies,with 91 applications,down 16.5%from the companys filings in 2022.Cost of living pressures,new international restrictions on

299、 Casino and gaming machine operators and tougher gaming laws have contributed to softer market conditions for Australias gaming sector.79 A new entrant into Australias lead trade mark filers,Cannatrek ranked second.The company is an Australian-owned licensed grower and supplier of medicinal cannabis

300、 products.It was established in 2016 after the Australian government legislated to allow the cultivation and use of medicinal cannabis.Cannatrek is reported to have doubled its revenue from$41.9 million in 2021-22 to$90 million in 2022-23.80 Australian filings overseas In 2022,Australians filed 20,6

301、85 trade mark applications abroad,down 10.3%on their level in 2022.This represents a correction from the 11.9%increase that year.81 Total trade mark classes filed by Australians abroad fell by 14.5%to 48,291 in total.The leading destination markets for Australian trade mark filings are the United St

302、ates,New Zealand,China,the United Kingdom and the European Union Intellectual Property Office(EUIPO),as shown in Figure 4.9.These destinations were followed by Canada,Singapore,Japan,India,the Republic of Korea and Indonesia.Applications by Australians to each of these locations fell in 2022 from th

303、eir level in 2021,as global growth moderated.United States of AmericaNew ZealandChinaUnited KingdomEuropean Union IP OfficeApplications in 20227,1386,8516,3484,6423,572Share of total applications14.8%14.2%13.1%9.6%7.4%Change in applications,2021-22-11.1%-16.0%-13.5%-16.1%-2.7%Figure 4.9|Leading dest

304、inations for Australian trade mark applications(class count),2022 7,1386,8516,3484,6423,57214.8%14.2%13.1%9.6%7.4%-11.1%-16.0%-13.5%-16.1%-2.7%Annual VolumeAnnual ShareAnnual ChangeSharChang05,00010,00015,00020,00025,00030,00017,37628,55132,72726,48222,47529,23220,46525,78928,713Trade mark applicati

305、ons20002020212022YearTop 5 DestinationsSource:WIPO IP Statistics Database AUSTRALIAN IP REPORT 2024|57Among high volume destinations,the United Arab Emirates(UAE)saw the strongest growth in Australian filings abroad for the second year running.82 In 2022 Australian class filing

306、s in the UAE grew to 1.56 times their level of the previous year,from 189 to 484.This follows the UAE government agreeing to join the Madrid system from 28 December 2021 and revamping its trade mark laws in March 2022 to provide for more effective brand enforcement.On 13 December 2023,Australia and

307、the UAE announced the commencement of negotiations for a bilateral trade agreement to lay the groundwork for closer economic ties.Trade mark applicants can obtain protection for their marks in multiple countries by filing a single international registration via the Madrid system.As of February 2023,

308、130 countries were members of the Madrid system,representing more than 80%of world trade.As the system has expanded to cover more countries,the share of Australian classes filed abroad via Madrid has increased,from 45.54%in 2018 to 58.69%in 2022.58|AUSTRALIAN IP REPORT 2024End notes64 Trade marks ca

309、n be renewed every 10 years in perpetuity,on the basis that the need to prevent consumer confusion does not lessen over time.65 Reserve Bank of Australia.(2023).Statement on Monetary Policy:November 2023.Statement on Monetary Policy November 2023|RBA.66 Nguyen,K.&Yoo,Y.R.(forthcoming).Evaluating tra

310、de marks as a leading economic indicator of the Australian business cycle.IP Australia Analytical Note.67 For more information,see https:/www.wipo.int/classifications/nice/en/.68 High volume classes are defined as classes in the top quartile for total number of applications received in 2023.69 For e

311、xample,see Jensen,P.H.&Webster,E.(2011).Patterns of trademarking activity in Australia Melbourne Institute Working Paper No.2/04.Australian Intellectual Property Journal,15.70 Australian Bureau of Statistics.(2024,12 January).Monthly household spending indicator:Experimental indicator of household s

312、pending using bank transactions data.Monthly Household Spending Indicator,November 2023|Australian Bureau of Statistics(abs.gov.au).71 Barroso,A.,Giarratana,M.S.&Pasquini,M.(2019).Product portfolio performance in new foreign markets:The EU trademark dual system.Research Policy,48,1121.72 High volume

313、 locations are defined as those above the mean for total applications received in 2023.73 Beebe,B.&Fromer,J.C.(2020),Fake Trademark Specimens:An Empirical Analysis,120 Colum.L.Rev.F.(217),21820.74 See Lyalkov,S.,Carmona,M.,Congregado,E.,Milln,E.&Milln,J.M.(2019).Trademarks and their association with

314、 Kirznerian entrepreneurs.Industry and Innovation,27(12),110.75 Nathan,M.&Russo,A.(2022).Innovative events:Product launches,innovation and firm performance.Research Policy,51(1),Article 104373.76 Australian Bureau of Statistics.(2023,22 August).Counts of Australian businesses,including entries and e

315、xits.https:/www.abs.gov.au/statistics/economy/business-indicators/counts-australian-businesses-including-entries-and-exits/latest-release.77 Australian Bureau of Statistics.(2023,22 August).Counts of Australian businesses,including entries and exits.https:/www.abs.gov.au/statistics/economy/business-

316、indicators/counts-australian-businesses-including-entries-and-exits/latest-release.78 Paranavitane,V.(2023,22 December).Top 3 UK trade mark cases of 2023.World IP Review.https:/ Samios,Z.(2023,12 November).Aristocrats investors arent spooked by casino,bookie headwinds.Australian Financial Review.ALL

317、 ASX:Aristocrats investors arent spooked by casino,bookie headwinds().80 Evans,S.(2023,29 November).Fast 100:This company doubled its revenue on medicinal cannabis demand.Australian Financial Review.Cannatrek medicinal cannabis group has doubled revenues to more than$90 million and boss Tommy Hupper

318、t says demand is on the rise.().81 WIPO IP Statistics Database.82 High volume destinations are defined as those in the top quartile of locations for total class filings in 2022.AUSTRALIAN IP REPORT 2024|59Design rights5Applications for design rights in Australia grew to a record high in 2023,up by 1

319、1.5%on their level in 2022.Applications by Australian residents rose by a quarter,focused in design inputs to building and construction.However,a primary driver of the growth was a 10.5%increase in filings from China.Chinese filings nearly doubled in designs for electricity production,transformation

320、 and distribution,as patents grew strongly in this field.Design applications,registrations and certifications Applications for design rights grew to a record level of 8,776 in 2023,up 11.5%on their level in 2022.Design filings have exceeded their previous peak of 8,123 in 2021,and more than recovere

321、d from the 3.1%decline in 2022.Design applications by Australian residents increased by a quarter,up 24.2%(to 2,652)in 2023.Applications by non-residents increased by 6.8%,to a record level of 6,189.WHAT ARE DESIGN RIGHTS?Design rights protect the unique visual features of a product that give it a u

322、nique appearance such as its shape,pattern,configuration or ornamentation.To be eligible for protection,a design must be new and distinctive dissimilar in overall impression to designs that constitute prior art.Once certified,the design right confers to its owner an exclusive right to use,license an

323、d commercialise the design for up to 10 years.Design rights are granted to ensure for creators adequate incentive to invest in design activity.When a design is made public it may be copied and used without the designers permission,reducing potential earnings from the design.With a certified design r

324、ight,the original creator can evidence their right as the creator and issue legal proceedings against infringers.62|AUSTRALIAN IP REPORT 2024Figure 5.1|Design applications,registrations and certifications in Australia,2012 to 2023 02,0004,0006,0008,0006,5168,7767,8386,6357,1728,1237,8696,9287,3027,4

325、627,0467,7159591,5407371,4479809971,2881,3771,2411,0011,2291,1105,9948,0008,0236,3327,3847,0647,5936,6347,0776,5907,330Design applications2000022YearAnnual VolumeAnnual Change20122013Design applicationsDesign certificationsDesign registrationsDesign registrations inc

326、reased to 8,000,up by 5.4%on their 2022 level.The rate of growth from 2022 to 2023 is 3.5 times the average annual rate of growth from 2018 to 2022.Over that period,registration numbers saw significant volatility(see Figure 3.1).IP Australia certified 1,540 designs in 2023,a 24.1%increase on the pre

327、vious year.Certifications rose by a quarter both for residents(+25.3%,to 520)and non-residents(+23.4%,to 1,019).AUSTRALIAN IP REPORT 2024|63Design classes In Australia,designs are classified using the Locarno Classification,comprised of 32 product categories.83 The leading design class for filings i

328、n 2023 was recording,telecommunications or data processing equipment(broadly,computing equipment).This class includes tablet computers,point-of-sale terminals,and screen displays and icons.Filings for such designs grew by 2.3%in 2023,to 1,017 in total.This followed a 41.4%increase in 2022.Figure 5.2

329、|Top five design classes for volume of design filings in 2023,and high-volume classes with the greatest relative growth and decline in 20238402004006008001,0001,064610.2%8.0%6.6%6.5%6.5%+2.3%+13.3%+8.6%+26.6%+10.6%Share of total classesChangDesign applications2000192

330、02020212022YearFurnishingGamesRecording,teleco or data processing equipmentTransportTransport packaging and containersRecording,teleco or data processing equipmentTransportFurnishingGamesTransport packaging and containersApplications in 20231,0646Share of total classes10.2%8.0%6.6%6.5%6.5

331、%Change in applications,2022-23+2.3%+13.3%+8.6%+26.6%+10.6%Focusing on high volume classes,the strongest growth in design filings was in building units and construction elements;they increased by 53.2%,to 579 in 2023.Since 2019,industry revenues for hardware and building supply retailers has decline

332、d at an annual rate of 0.1%.85 Apart from 2023,design filings in this class have also been on a declining trend.Revenues across the industry are expected to grow over coming years,due to consolidation by the large hardware chains and sales growth via online retail.86 Australian residents still file

333、most(61.6%)applications in the class.64|AUSTRALIAN IP REPORT 2024International design activity in Australia Record non-resident filings Applications by non-residents increased by 6.8%,to a record level of 6,189.As a result,non-resident applications have grown for 3 consecutive years,at an average annual rate of 10.4%.This represents a clear break from the declining trend observed pre-pandemic(Figu