Read The Times Australia

Daily Bulletin

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

  • Written by: Isaac Gross, Lecturer in Economics, Monash University
The Conversation

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 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 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 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

Australian warnings

This all should be known to the Australian government.

A 2015 report 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 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

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 News

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The strategic rise of Bali as Australia’s next essential healthcare support hub

As Australian healthcare providers grapple with unprecedented operational bottlenecks, a new nearshore model is quietly transforming patient care delivery. Forward-thinking organisations,  including...

Daily Bulletin - avatar Daily Bulletin

Cost Savings and Benefits of Using Used Pallets in Logistics

In today’s competitive logistics and supply chain industry, businesses are constantly looking for ways to reduce operational costs without compromising efficiency and reliability. One of the most prac...

Daily Bulletin - avatar Daily Bulletin

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

Practical Ways Australian Workplaces Can Reduce Operating Costs

Reducing business costs doesn’t always mean cutting staff, shrinking services or making the workplace feel bare-bones. In many cases, the smarter savings are hiding in everyday operations: the light...

Daily Bulletin - avatar Daily Bulletin

Executive Recruitment Solutions That Help Organisations Secure Exceptional Leaders

Leadership has a direct impact on organisational performance, employee engagement, strategic growth, and long-term success. Businesses operating in increasingly competitive environments require experi...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

What Happens After You Lodge a BYDA Enquiry? The Step Most Excavation Projects Miss

Every excavation project in Australia — from a backyard deck footing to a multi-storey commercial bu...

How to Choose the Right Dentist on the Gold Coast

Finding a dentist you trust is one of those decisions that quietly affects your health for years, ...

The Hidden Engineering Problem Inside Australia's Older Housing Stock

A significant share of Australian homes were built for a way of living that no longer exists. Houses...

DIY Rodent Control Vs Professional Help: When Is It Time To Call The Experts?

Rodents are one of the most frustrating pest problems for Australian property owners. Rats and mic...

Lighting Shop in Perth: How The Right Lighting Can Transform Your Home And Business

The right lighting can completely change the look, feel, and functionality of any space. Whether it ...

Traffic Light System Solutions For Safer And More Efficient Traffic Management

Modern cities and growing communities rely heavily on effective traffic management to ensure safety...

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...