The landscape of patent filing activity across Australia and New Zealand underwent continued transformation in 2024, marked by declining total filings and ongoing shifts in market share distribution and firm performance. Total standard patent applications filed in Australia decreased by 3.4% to 30,442, while New Zealand experienced a more pronounced decline of 7.3% to 6,202 applications. These trends are set against a backdrop of substantial structural change in the industry, most notably the acquisition of QANTM IP Limited by private equity management company Adamantem Capital in August, leaving IPH Limited as the last publicly listed ownership group standing.
As was the case last year, analysis of filing patterns reveals trends that create challenges for patent attorney firms regardless of their ownership structures. While direct filings in Australia increased by 7.5% to 9,238, this was more than offset by PCT national phase entries declining by 7.5% to 21,202, suggesting shifting preferences in filing strategies. Provisional applications showed modest growth of 2.2% to 4,335, marking a second consecutive year of recovery from post-pandemic lows, though still significantly below pre-2019 levels.
A market share analysis presents particularly interesting insights into evolving industry dynamics. Independent firms collectively increased their share of Australian patent filings to 49.6%, continuing a trajectory of share growth that has seen smaller practices double their collective presence since 2014. This shift occurred as IPH group firms experienced further decline in collective share to 35.0%, while QANTM IP, under its new private equity ownership, maintained relatively stable positioning at 15.4%. These changes reflect broader industry trends toward smaller, specialised practices, though the notable declines experienced by larger firms across both independent and group categories suggest that size, as much as ownership structure, continues to be anb influence on client choice.
Total Patent Filings in Australia
The following chart shows the number of complete (i.e. non-provisional) patent applications filed each year in Australia between 2013 and 2024, in total, and broken down by filing route – direct filings, and filings via the Patent Cooperation Treaty (PCT) system. The total number of standard patent applications filed in Australia during 2024 was 30,442, representing a decrease of 3.4% compared to 2023. This decline was somewhat more pronounced than the 2.4% drop seen in the previous year, and continues a pattern of moderation in filing numbers following the pandemic-era peak of 32,398 applications in 2021.
Looking more closely at the components of these numbers, direct filings (i.e., those not entering through the PCT national phase) increased by 7.5%, from 8,595 in 2023 to 9,238 in 2024. However, this was more than offset by a decline in national phase entries from 22,914 to 21,204 (a drop of 7.5%). The proportion of applications filed via the direct route has thus increased to 30.3% of all standard patent applications, up from 27.3% in 2023.
More encouraging was growth in provisional application filings which, as shown in the chart below, increased by 2.2% to 4,335 in 2024, up from 4,243 in the previous year. This represents a second consecutive year of growth in provisional filings, following the post-pandemic low of 4,038 applications in 2022. However, provisional application numbers remain well below pre-pandemic levels – between 2013 and 2019, provisional filings consistently exceeded 4,900 per year.
Of some concern, however, is the fact that the increase in the number self-filed provisional applications once again exceeded the increase in application filed with professional assistance. As I point out every time I touch on this topic, the outcomes for self-represented applicants are generally very poor, and thus an increase in the number of self-filed provisional applications is largely no increase at all.
The overall data shows that, while total standard patent filings have declined moderately for a third consecutive year since the 2021 peak, the system continues to process substantial numbers of applications – over 30,000 per year – at levels broadly consistent with the past decade. Meanwhile, provisional application activity has remained relatively stable over the past three years, following a more significant decline between 2019 and 2021.
Australian and New Zealand Filings
Looking at filing activity across both jurisdictions in 2024, shown in the bar chart below, the total number of patent applications filed in Australia was 34,828, representing a decline of 2.9% from the previous year. In New Zealand, 6,202 applications were filed, down 7.3% from 2023.
Breaking these numbers down, New Zealand complete (i.e. non-provisional) patent applications fell by 7.3% to 5,792 (compared with the 3.4% decline in Australia). Provisional applications in New Zealand decreased by 7.2% to 410 (compared with the 2.2% increase in Australia).
The relative scale of patent filing activity between the two jurisdictions has remained stable, with New Zealand applications representing approximately one-fifth of the Australian totals for complete applications, broadly commensurate with the relative size of the market in each country. However, provisional application numbers show a different pattern, with New Zealand provisional filings representing less than one-tenth of the Australian total.
Leading Firms – Total Filings
The following chart of patent filings by the leading attorney firms across Australia and New Zealand shows that the composition of the top 10 remained stable in 2024, although with some shifts in relative positions. Spruson & Ferguson retained its clear lead as the largest filer, while Davies Collison Cave has maintained second place and increased its margin over FB Rice, after the gap between them had narrowed significantly in 2023. Both firms experienced declines in total filings during 2024, but DCC's drop of 4.5% was less severe than FB Rice's 8.2% reduction. Griffith Hack and Phillips Ormonde Fitzpatrick complete the top five.
Compared with the previous year, positions 6-10 continued to be held by FPA Patent Attorneys, Pizzeys, A J Park, Wrays, and James & Wells, though with some movement in their relative rankings. Notable changes outside the top 10 include RnB IP moving up to 11th position, while GLMR continued its rapid growth to reach 13th position. Michael Buck IP and Allens Patent & Trade Mark Attorneys round out the top 15.
When considering the jurisdictional split between Australian and New Zealand filings, most leading firms continue to depend primarily on the larger Australian market. However, as the following chart shows, the New Zealand-based firms A J Park and James & Wells maintain significant filing activity in both jurisdictions, with James & Wells notably increasing its proportion of Australian filings as it continues to expand its presence in that market.
Firm Gains and Losses in Patent Filings
With total patent filings having fallen across both jurisdictions in 2024, it is unsurprising that many firms experienced declines in their filing numbers. The chart below shows relative changes in filings of complete (i.e. non-provisional) patent applications by the leading firms, across both Australia and New Zealand. Firms held within the IPH group recorded notable declines: Spruson & Ferguson (-5.9%), Griffith Hack (-10.3%), Pizzeys (-2.5%), and A J Park (-6.7%). Similarly, firms in the QANTM IP group also saw declining numbers, with Davies Collison Cave down by 4.3% and FPA Patent Attorneys recording a 6.0% decrease.
The picture among independent firms was more varied. Phillips Ormonde Fitzpatrick managed to limit its decline to 4.1% (the least among the top 5 firms), while FB Rice experienced a more substantial drop of 8.1%. Meanwhile, firms such as GLMR (+29.5%), Michael Buck IP (+22.8%), and Foundry Intellectual Property (+33.7%) achieved significant growth, albeit from smaller bases. James & Wells also continued its expansion with 4.8% growth in filing numbers.
Analysis of filing origins, as shown in the following chart, reveals some interesting patterns. Applicants from the United States continued to dominate Australian patent filings, accounting for 42.8% of all complete application filings in 2024. However, the number of US-originating applications declined by 5.7%. Unsurprisingly, therefore, many firms with significant exposure to US-originating applications suffered from the decline in US activity in 2024, including Pizzeys (74.6% US origin) and FPA Patent Attorneys (57%). However, RnB IP notably achieved 11% growth despite deriving 84.9% of its filings from US applicants. This suggests that other factors beyond geographic origin of applications are influencing individual firm performance.
The jurisdictional split between Australian and New Zealand filings adds another layer of complexity to these changes. Firms with higher proportions of New Zealand filings were more heavily impacted by the 7.3% decline in that market. For example, A J Park – with approximately half of its filings being made in New Zealand – experienced a 6.7% overall reduction in complete applications. Meanwhile, James & Wells has been actively growing its Australian presence, helping to offset the weaker New Zealand market.
Filing Shares of Group and Independent Firms
The chart below, of total filing share across attorney firm groupings, shows a continuation of established trends in 2024. Independent firms collectively increased their share of Australian patent filings to 49.6%, up from 48.5% in 2023. Firms in the QANTM IP group (now owned by private equity) maintained a relatively stable position, holding 15.4% share (down marginally from 15.7% in the previous year). Meanwhile, the IPH group – comprising Spruson & Ferguson, Griffith Hack, Pizzeys and A J Park – has experienced a further decline in collective share to 35.0%, compared with 35.8% in 2023.
The following chart provides a breakdown of the distribution of filing share among independent firms. FB Rice remains the largest with 9.2% of total filings (down from 9.5% in 2023), followed by Phillips Ormonde Fitzpatrick at 7.0% (down from 7.1%). Wrays increased its share slightly, to 3.8% (up from 3.7%), while smaller independent firms including Madderns, James & Wells, RnB IP, and GLMR now collectively account for around 10% of total filings.
Most notably, the numerous small independent practices have continued to increase their collective presence. These firms now account for 20.2% of all Australian patent filings, up from 19.3% in 2023. This represents a near-doubling of market share for this segment since 2014, when it stood at 10.9%.
Conclusion – Multiple Forces Shape Market
The patent filing landscape in 2024 reveals multiple intersecting factors influencing firm performance. Geographic exposure, particularly to US-originating applications and the New Zealand market, emerges as a significant factor influencing filing volumes, with a number of firms that are heavily dependent on US-originating work and/or New Zealand filings experiencing above-average declines in application numbers.
The performance divergence, in terms of market share, between IPH and QANTM IP group firms has become more pronounced, with IPH experiencing consistent share erosion while QANTM IP demonstrated relative stability under its new private equity ownership. This suggests that ownership structure alone may not be the primary driver of market share dynamics. Instead, the data points to an interplay of factors including client origin demographics, jurisdictional exposure, and strategic positioning.
Perhaps most significantly, the trend toward smaller independent practices has continued, with these firms now accounting for 20.2% of Australian patent filings – a notable increase from 19.3% in 2023 and nearly double their 2014 share. This growth has occurred despite challenging conditions that affected firms of all sizes, with even established independent practices, such as FB Rice and Phillips Ormonde Fitzpatrick, experiencing declines in filing volumes. These trends suggest that the profession's evolution may be driven more by firms' ability to manage geographic exposure and adapt to changing client preferences, than by any single organisational model or business structure.
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