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ARTICLE · 31 OCTOBER 2022

Patents and personal data: biometrics innovation and its intersection with Australian privacy laws

Patent applications can be refused in Australia if use of the invention is contrary to data protection and privacy laws.

AustraliaIntellectual Property

Introduction

The growing demand for highly effective security systems is seeing the rapid uptake of biometric technologies in all industries. This is accelerating the growth of the biometrics industry with an increased focus on investment and innovation. At least one estimate expects the industry to grow from $32.48 billion in 2022 to $59.32 billion by 2026, with Asia Pacific expected be the fastest-growing region over this period.1

As biometric technology is dependent on use of biometric information comprising an individual's physical and/or behaviour attributes, and which is sensitive personal information, the industry is under intense scrutiny to ensure that use of such technologies is compliant with data protection and privacy laws, and more generally, consistent with stakeholder expectations regarding handling of personal information.

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