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ARTICLE · 11 MAY 2025

Can Patient Data Be Used To Train AI?

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Inventors and Applicants need to ensure that the data used to support their patent applications comply with relevant laws relating to the use of patient data.

AustraliaPrivacy
Andrew Lowe
Andrew Lowe
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Key takeaways

  • Inventors and Applicants need to ensure that the data used to support their patent applications comply with relevant laws relating to the use of patient data, such as the Privacy Act (Cth)
  • De-identification of patient data may be sufficient in most cases, but it will depend on a case by case basis
  • A "permitted health situation" exception may be relied upon, but imposes additional regulatory burdens

"Can I use my patient data to train the AI used in my invention?"

Artificial intelligence (AI) and other large language models (LLMs) offer exciting opportunities for innovation in the medical and healthcare space. Recently, the question of securing patent protection for a diagnostic method implementing AI in the medical space has surfaced among clients.

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