24 September 2020

Has COVID-19 Affected Patent, Trade Mark or Design Filing Activity – an Australian Perspective

Patent-Insights LogoThis is a guest contribution from Mike Lloyd of Patent-InsightsFurther details about the author can be found at the end of the article.

COVID-19 has had many devastating impacts all around the world, both in terms of fatalities and other health impacts, and also in economic terms.  While the economic impact is yet to be fully understood, it has led to significant drops in GDP activity in many countries. In Australia, the drop in GDP due to COVID-19 has been estimated to be 7%.

But how has this affected IP activity – particularly in relation to intellectual property rights (IPR) filed in Australia, and filed globally by Australian IP owners?

Mark Summerfield has considered this in relation to patents being filed in Australia in recent blogs, and found a 5% decline, which is in line with the drop in GDP, and the largest fall over a comparable time period since the GFC .  This study is intended to consider more international aspects, if from an Australian perspective, and also to consider registered designs and trade marks.

16 September 2020

COVID Update–Australian Patent Filings Down by Five Per Cent Since March

Masked VirusMost of the developed world has been in the grip of the medical, social, and economic effects of the COVID-19 pandemic since around March this year.  I published my first monthly review of the impact on patent filings in early April, at which time it was really far too soon to discern any trends.  But with data now available for the month of August it is becoming clear that – a surge in innovation patent applications by Chinese applicants aside – 2020 is likely to be a low year for patent filings in Australia.  I reported last month that the number of standard patent applications filed in July had been virtually identical to the same month in 2019, following on from a similar result in June.  However, August has marked a return to the negative trends of April and May

Overall, for the six months from the beginning of March to the end of August, the number of standard patent applications filed is down by just over 5% compared to the same period in 2019.  Hardest hit are new ‘original’ filings, i.e. applications filed directly in Australia that are not derived from an existing international application under the Patent Cooperation Treaty (PCT) or divided from an existing Australian standard patent application.  PCT national phase entries are down by around 2%, while divisional applications have declined by just under 3%.  However, new direct national filings between March and August fell by 28% compared with the same period last year, following two years of growth in this category of applications.

The number of provisional applications filed in Australia between March and August is also down, by 1.5% over 2019.  While this may not seem like much, patent attorneys are bearing the brunt of this decline – attorney-assisted filings fell by almost 4%, while the number of applications filed by applicants not represented by an attorney actually increased.

Chinese applicants continued to drive growth in innovation patent applications in August, with filings up by an astonishing 230% compared with 2019.  Over the period from March to August, innovation patent filings increased by nearly 130%.

Meanwhile, New Zealand continues to shrug its shoulders in the face of COVID-19.  Despite an overall decline in filings in August, PCT national phase entries have actually increased compared with 2019 during the six months since the start of March.  And while direct filings were down, this may simply continue a longer-term trend that seems to have been occurring anyway.


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The Patentology Blog by Dr Mark A Summerfield is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Australia License.