The US-Australia Critical Minerals Framework: An Australian IP Perspective
The US–Australia Critical Minerals Framework which was signed on the 21st of October 2025 will help unlock Australia’s vast critical mineral resources and strengthen defence and economic cooperation with the United States of America.
What is a Critical Mineral?
The US Energy Act of 2020 defined critical minerals as those that
- are essential to the economic or national security of the United States;
- have a supply chain that is vulnerable to disruption; and
- serve an essential function in the manufacturing of a product, the absence of which would have significant consequences for the economic or national security of the U.S.
The act further specified that critical minerals do not include fuel minerals; water, ice, or snow; or common varieties of sand, gravel, stone, pumice, cinders, and clay.
Mineral criticality is not static, but changes over time as supply and demand dynamics evolve, import reliance changes, and new technologies are developed. As of August 2025, the list of critical minerals is as follows:
| Aluminum | Dysprosium | Indium | Palladium | Terbium |
| Antimony | Erbium | Iridium | Platinum | Thulium |
| Arsenic | Europium | Lanthanum | Praseodymium | Tin |
| Barite | Fluorspar | Lithium | Rhodium | Titanium |
| Beryllium | Gadolinium | Lutetium | Rubidium | Tungsten |
| Bismuth | Gallium | Magnesium | Ruthenium | Vanadium |
| Cerium | Germanium | Manganese | Samarium | Ytterbium |
| Cesium | Graphite | Neodymium | Scandium | Yttrium |
| Chromium | Hafnium | Nickel | Tantalum | Zinc |
| Cobalt | Holmium | Niobium | Tellurium | Zirconium |
Implications for Australian IP
Australia has an abundance of raw critical minerals and mining knowledge to facilitate large mining projects. The current Australian government has been promoting Australia’s critical minerals sector as a reliable and secure source for US supply chains. The Framework is expected to shift the operating environment for Australian mining and processing companies involved in rare earths and other critical minerals.
The Framework commits both governments to mobilise at least US$1 billion each in financing within six months. The US Export-Import Bank (EXIM) has already announced over $2.2 billion in letters of interest for Australian projects. This injection of capital – alongside mechanisms such as offtake agreements and potential price floors – directly addresses longstanding challenges in the critical mineral mining sector in Australia. Large mining projects involve high upfront capital requirements, and price volatility in the rare earths sector has always been a challenge. For Australian companies, this support may unlock financing for new projects and expansions that have previously struggled to reach final investment decision.
The Framework presents incredible opportunity for Australian companies to innovate and strengthen the value chain by filing patent applications to encourage innovation and commercialisation. Securing domestic and international IP rights in key markets would not only ensure independence but also help commercialise and monetise the results from research and development carried out in Australia.
As previously reported, if patent filings were considered an indicator for protecting innovation and adding value, then Australia has significantly lagged behind countries like China. Historically, Australian critical minerals have been mined in Australia but processed off-shore. In many instances, the innovation and value addition for critical minerals is carried out at the processing stage. Australian companies must use this opportunity to consider processing of the minerals on-shore to add value by unlocking innovation and utilising advanced processing methods involving automation, robotics and artificial intelligence.
Take Aways
We expect significant innovation and patenting activity to be originating in Australia for the next few years as new projects are approved and commenced. As a nation, we must be at the forefront of innovation in the critical minerals sector. Protecting proprietary IP will ensure long term success for Australian companies beyond our own shores by licensing technologies for processing facilities in overseas jurisdictions and pursuing joint ventures.
If you are innovating in the mining and minerals industries, we encourage you to seek patent protection where applicable. Please feel free to reach out to MBIP for advice and guidance on protecting your IP in Australia and overseas. Our patents team are well versed in this technical area and ready to help you make the most of your inventions.
