The Times Australia
Fisher and Paykel Appliances
Business and Money

The Treasurer says his 'patent box' will boost innovation. The evidence says it won't

  • Written by Isaac Gross, Lecturer in Economics, Monash University

On budget night federal Treasurer Josh Frydenberg announced Australia is getting its own “patent box”.

What is a patent box?

Despite its odd name, it is a relatively straightforward concept. It means lowering the tax rate[1] on all income derived from patents registered in a nation. About half the members of the European Union, Britain and China are among those to adopt patent boxes in some form.

Australia’s patent box scheme will initially be limited to medical and biotechnology patents, but with scope to expand it down the track.

If a company has a drug patent, for example, the profit from selling that drug will be taxed at a rate of 17%, instead of the usual company tax rate (now 25% for companies with an annual turnover less than A$50 million and 30% for those with more).

In his budget speech[2] Frydenberg cited world-leading Australian innovations such as Wi-Fi, the Cochlear bionic ear and a vaccine for cervical cancer. “We want to see more innovation commercialised in Australia,” he said.

Will the patent box help? The evidence from overseas is not promising.

Another race to the bottom

A 2015 European Commission report[3] examined the effect of patent boxes on 2,000 companies in 12 countries from 2000 to 2011. It found the patent boxes benefited companies financially but had limited effect on increasing local research & development.

To take advantage of the lower tax rate, multinational companies filed more patents in these countries with patent boxes than previously. But they didn’t change the location of their research teams.

The European Commission report noted fears about patent boxes sparing another “race to the bottom” in corporate taxation, with nations competing to be more attractive to foreign companies. If one country had more preferential tax rates, it would attract more patent filings. If other nations followed suit, the only real beneficiaries would be the multinational corporations using the schemes to reduce their tax obligations “without a change in real research activity”

Its results, the report concluded, “confirm these fears”.

Read more: How to get the most out of research when universities and industry team up[4]

Australian warnings

This all should be known to the Australian government.

A 2015 report[5] from Australia’s Office of the Chief Economist came to a similar conclusion to the European Commission study.

Introducing a patent box might lead to more patents being filed in Australia, it said, but they would mostly be ones derived from research and development done overseas. It warned:

The most important cost associated with the implementation of a patent box regime is a fall in tax revenues collected from innovative companies. Since the fall is likely to exceed revenues collected from (re)allocation of IP income to Australia, the overall return of a patent box regime is likely to be negative.

IP Australia, the federal agency administering intellectual property rights, detailed the poor record of patent boxes in its submission to the federal parliament’s Inquiry into Australia’s Future in Research and Innovation[6] in 2016. It said the literature on such schemes found little if any benefit for actual innovation, at great cost to taxpayers.

Read more: Money for telescopes and vaccines is great, but the budget's lack of basic science funding risks leaving Australia behind[7]

Bad plan, bad design

On top of all this, Frydenberg’s proposed patent box is poorly targeted.

Ideally the subsidy should only apply to new patents - or better yet, new inventions. But the scheme will allow the lower tax rate on all patents, even if they were granted many years ago or are no longer owned by their original inventor.

This means in its first year alone the patent box is set to deliver a $100 million gift to companies sitting on old patents without any actual new innovation.

Even if you want to subsidise innovation, it makes zero sense to subsidise old patents. Other countries have avoided this pitfall by limiting the subsidy to new ones.

In short, a patent box is good in theory but bad in practice; and the design of the Australian government’s patent box is particularly bad. It will likely end up being just another way multinational companies can avoid paying tax.

Authors: Isaac Gross, Lecturer in Economics, Monash University

Read more https://theconversation.com/the-treasurer-says-his-patent-box-will-boost-innovation-the-evidence-says-it-wont-160861

Business Times

Partnership repaints approach to tradie mental health crisis

Haymes Paint Shop has supercharged its commitment to blue-collar counselling service TIACS to encourage Aussie tradies to ‘...

YepAI Emerges as AI Dark Horse, Launches V3 SuperAgent to Revolut…

November 24, 2025 – YepAI today announced the launch of its V3 SuperAgent, an enhanced AI platform designed to streamlin...

What SMEs Should Look For When Choosing a Shared Office in 2026

Small and medium-sized enterprises remain the backbone of Australia’s economy. As of mid-2024, small businesses accounted f...

The Times Features

The rise of chatbot therapists: Why AI cannot replace human care

Some are dubbing AI as the fourth industrial revolution, with the sweeping changes it is propellin...

Australians Can Now Experience The World of Wicked Across Universal Studios Singapore and Resorts World Sentosa

This holiday season, Resorts World Sentosa (RWS), in partnership with Universal Pictures, Sentosa ...

Mineral vs chemical sunscreens? Science shows the difference is smaller than you think

“Mineral-only” sunscreens are making huge inroads[1] into the sunscreen market, driven by fears of “...

Here’s what new debt-to-income home loan caps mean for banks and borrowers

For the first time ever, the Australian banking regulator has announced it will impose new debt-...

Why the Mortgage Industry Needs More Women (And What We're Actually Doing About It)

I've been in fintech and the mortgage industry for about a year and a half now. My background is i...

Inflation jumps in October, adding to pressure on government to make budget savings

Annual inflation rose[1] to a 16-month high of 3.8% in October, adding to pressure on the govern...

Transforming Addiction Treatment Marketing Across Australasia & Southeast Asia

In a competitive and highly regulated space like addiction treatment, standing out online is no sm...

Aiper Scuba X1 Robotic Pool Cleaner Review: Powerful Cleaning, Smart Design

If you’re anything like me, the dream is a pool that always looks swimmable without you having to ha...

YepAI Emerges as AI Dark Horse, Launches V3 SuperAgent to Revolutionize E-commerce

November 24, 2025 – YepAI today announced the launch of its V3 SuperAgent, an enhanced AI platf...