Nelson Advisors referenced in Mallesons 'Patent trends and the continuing strength of the Australian health tech sector' article

Nelson Advisors has been  referenced in Mallesons 'Patent trends and the continuing strength of the Australian health tech sector' article.

IP Australia has released its 14th annual Australian IP Report 2026 relating to intellectual property activity in 2025. In this article, we focus on trends in patent filings and the investment in patent protection.

While overall patent filing volumes have stabilised, the standout story is the continuing strength of Australia's life sciences and health technology sector. Pharmaceuticals, medical technology, and biotechnology together account for one-third of all patent filings, and the sector's global significance continues to grow, accompanied by record biotech M&A activity as major pharma companies race to head off looming patent cliffs.

We take a look at who is filing, how they are filing, which technology fields are shifting, and recent patent litigation. We set out the key trends and what they mean for patent owners, advisers, innovators, and investors.

Source: https://www.mallesons.com/au/en/insights/latest-thinking/patent-trends-and-the-continuing-strength-of-the-australian-health-tech-sector.html

A notable procedural trend has emerged in Australian patent opposition proceedings. Research published by IPKat indicates that Delegates are increasingly invoking their discretion under section 60 (3) of the Patents Act to raise grounds of opposition not raised by the parties.[15]

Since January 2024, this discretion has been exercised in approximately 14% of opposition proceedings — a seven-fold increase from the roughly 2% between 2016 and 2023. Delegate-raised grounds were made out in around 73% of cases in which they were raised and were determinative of the outcome in around 44%.

References

[1]IP Australia, Australian IP Report 2026, pp 27-28.
[2]Mark Butler, AFR Healthcare Summit speech, 30 March 2026.
[3]Nelson Advisors, Australian HealthTech Market: 2026 State of Play & Outlook to 2028, 2 June 2026.
[4]Ibid.
[5]IP Australia, Australian IP Report 2026, p 22.

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