3D Printing and Patent Law

Transcription

1 9 th Annual Conference of the EPIP Association: Improving Innovation Systems Brussels, September 4-5, D Printing and Patent Law Geertrui Van Overwalle Reinout Leys University of Leuven, Centre Intellectual for Property Rights, Belgium

2 Two perspectives Two questions Inventor perspective Patentable? printer materials CAD-file software 3D printed product Traditionally constructed product patents? patents patents patents patents Infringement? NON commercial intent /consumer COMMERCIAL intent /competitor User perspective 2

3 1. Inventor perspective Patentability of the components of a 3D printing process 3

4 Inventor perspective Patentable? printer materials CAD-file software 3D printed product Traditionally constructed product patents? patents? patents? patents? patents Infringement? NON commercial intent /consumer COMMERCIAL intent /competitor User perspective 4

5 a. 3D Printer hardware 5

6 The printers 6

7 Parts of Printers (printing head) YES: (Parts of) printers are patentable. 7

8 b. Materials 8

9 Wool? Chocolate? Cement? Plastic? PMC? Copper? Inventions? New? Innovative? No NOT patentable Iron Powder? But what about special types of material? Inventions? New? Innovative? Yes YES patentable 9

10 E.g. certain supporting structures? US Patent B1: Soluble material and process for threedimensional modeling YES: some materials are patentable! 10

11 c. CAD-File Tower of Pi by Roman_Hegglin ( CAD-file = digital representation = data Future research! 11

12 d. Software Software to transform CAD-file (visual representation) into STLfile (printable file) Most important software - Magics - Streamics - Mimics - 3Matic Software as such NOT patentable - BUT sometimes claims on a machine may include software claims 12

13 e. 3D-printed product 13

14 # different scenario s Scenario 1: New physical object printed with 3D printer - YES, physical object patentable Scenario 2: Existing physical object printed with 3D printer (but in new material) - Novel? YES - Inventive? NO Physical object NOT patentable 14

15 2. User perspective Infringement and consumer 3D printing 15

16 Inventor perspective Patentable? printer materials CAD-file software 3D printed product Traditionally constructed product patents? patents? patents? patents? patents Infringement? NON commercial intent /consumer COMMERCIAL intent /competitor User perspective 16

17 Two perspectives Two questions Inventor perspective Patentable? printer materials CAD-file software 3D printed product Traditionally constructed product patents patents? patents patents patents Infringement? NON commercial intent /consumer NON commercial intent /consumer COMMERCIAL intent /competitor User perspective 17

18 Relevant players Producer (inventor/paten t holder) Hobbyist (non-commercial) puts on sharing platform Consumer Creates PPI Recreates digital CAD- File of PPI - reverse engineering - scanning Prints PPI * PPI = Patent Protected Invention 18

19 Producer (inventor/paten t holder) Hobbyist (non-commercial) puts on sharing platform Consumer Creates PPI Recreates digital CAD- File of PPI - reverse engineering - scanning Prints PPI Direct infringement? Direct infringement? Indirect infringement? 19

20 a. Non-commercial hobbyist Direct infringement by creating a CAD-file? = the manufacturing, offering, use, import or storage of the PPI? In USA: NO - Not using ( PPI being put into service in accordance with its intended functions ) - Not manufacturing PPI Hobbyist (non-commercial) Recreates digital CAD- File of PPI - reverse engineering - scanning Direct infringement? In Belgium: NO? 20

21 a. Non-commercial hobbyist Hobbyist (non-commercial) puts on sharing platform indirect infringement by creating a CAD-file? = supplying or offering to supply to any other person other than a party entitled to exploit the patented invention means relating to an essential element of that invention. In USA: NO Indirect infringement? - Not means relating to an essential element of the PPI In Belgium: Not sure 21

22 b. Consumer Consumer Direct infringement by creating a CAD-file? = the manufacturing, offering, use, import or storage of the PPI? Prints PPI In USA: YES In Belgium: private use exception! = no patent infringement if acts in private sphere for non-commercial purposes The rights conferred by a patent shall not extend to any of the following: (a) acts done privately and for non-commercial purposes, (b) (l). (art (a) BOW) (Art. 27 UPC agreement 2013/C 175/01) Direct infringement! But Private Use 22

23 Conclusion Producer (inventor/paten t holder) Hobbyist (non-commercial) puts on sharing platform Consumer Creates PPI Recreates Digital CAD- File of PPI - reverse engineering - scanning Prints PPI No direct infringement Direct infringement! No indirect infringement? But Private Use 23

24 Who to sue? Hobbyist NO Consumer NO Creation of CAD-file Copying of CAD-file Sharing of CAD-file Problematic for innovation incentive music industry 15 Years ago 24

25 Possible Solution = Protect also CAD-file Producer (inventor/paten t holder) Hobbyist (non-commercial) puts on sharing platform Consumer Creates PPI Recreates Digital CAD- File of PPI - reverse engineering - Scanning Prints PPI Direct infringement! Direct infringement! Direct/ind irect infringement! But Private Use 25

26 Alternative solutions Wide interpretation of indirect infringement Get rid of the private use exception Alternative ways of remuneration (e.g. taxes on CAD software, taxes on 3D printers, printing material ) Copyright law 26