3D printing and patent law – a UK perspective: apt and ready?

Mimler, Marc

doi:10.4337/9781786434050.00012

Cited by 3 publications

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“…The technology allows for customisation of the end product and also has benefits for the environment through digital storage and digital distribution in lieu of shipping tangible goods. 132 Currently, the technology can be used for producing apparel, jewellery and home items but also for other, less "trivial" items, such a spare parts or medical devices.…”

Section: Emerging Issuesmentioning

confidence: 99%

“…133 The technology uses a digital file that can either be created from scratch using CAD technology or by scanning a real object and converting this to a digital file which can instruct the printer to replicate the object encompassed within the digital file. 134 Here, the clash between 3D printing and IP rights becomes clear: The technology can be used to reproduce objects protected by copyright, industrial designs, trade marks or even patents. The files containing the scanned objects which are needed to instruct the 3D printer may be disseminated over the internet and shared globally and therefore reproduced globally.…”

Section: Emerging Issuesmentioning

confidence: 99%

“…These points do, to a certain degree, revisit the issues copyright law went through 2 decades ago with filesharing. 135 In relation to other IP rights, questions then arise as to whether the file containing the scanned and digitised object could constitute a patent, design or trade mark infringement. Would intermediaries be regarded as gatekeepers similar to the situation in copyright law?…”

Section: Emerging Issuesmentioning

confidence: 99%

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Digital trade and intellectual property

D. Mimler

2023

Research Handbook on Digital Trade

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The objects of digital trade are often subject to intellectual property ( IP) protection. The exclusionary nature of IP rights which is deemed to incentivise and reward the creation of new goods, however, is a mechanism developed in the a pre-digital era and can therefore not be seamlessly transposed to digital goods and services. This chapter outlines the Janus-headed nature of IP rights for digital trade, as, on the one hand enabling it while also having the ability to hamper it. It first looks at the interfaces of IP with digitization and trade in order to set the scene and then outlines its effects on digital trade and how regulators have sought to address the issues. The chapter also looks at some current issues of the interface of digital trade and IP, such as digital exhaustion, intermediary liability and the impact of new technologies, e.g. Blockchain technology and NFTs as well as 3D printing.

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Section: Emerging Issuesmentioning

confidence: 99%

Section: Emerging Issuesmentioning

confidence: 99%

Section: Emerging Issuesmentioning

confidence: 99%

See 1 more Smart Citation

Digital trade and intellectual property

D. Mimler

2023

Research Handbook on Digital Trade

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“…Van Overwalle and Leys (2017) have expressed confidence in the ability of the patent system to accommodate the disruptive influences of 3D printing. Mimler (2019) has considered whether United Kingdom patent law is ready for 3D printing.…”

Section: Patent Litigationmentioning

confidence: 99%

Metal 3D printing: Patent law, trade secrets, and additive manufacturing

Rimmer

2022

Front. Res. Metr. Anal.

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There has been significant investment in research and development in respect of metal 3D printing in the United States (as well as a number of other jurisdictions). There has been growing conflict over the ownership of intellectual property in respect of metal 3D printing (involving not only patents but also trade secrets and confidential information, as well as contract law and unfair competition). In 2018, Desktop Metal Inc. launched litigation against Markforged Inc. and Matiu Parangi in relation to intellectual property and metal 3D printing in the United States. As well as complaints of patent infringement, Desktop Metal Inc. has alleged that the defendants had engaged in acts of trade secret misappropriation, unfair and deceptive business practices, and breach of contract. Markforged Inc. made various counter-claims of its own. In July 2018, a Federal Jury found that Markforged Inc. did not infringe two patents held by its rival Desktop Metal Inc. Claims of further violations of trade secrets and contract law were also considered. In the end, the dispute was settled, with neither party obtaining an advantage in the litigation. There was further conflict over whether the terms of the settlement in respect of non-disparagement were honored. The parties have also faced further intellectual property conflict. In 2021, Continuous Composites has filed a patent infringement lawsuit against Markforged Inc. In 2021, Desktop Metal Inc. brought legal action against SprintRay in Germany. Drawing upon this case study, this paper considers whether metal 3D printing will disrupt patent law, policy, and practice. It also explores the tension between the use of trade secrets in commercial 3D printing (such as in metal 3D Printing), and the open source ethos of the Maker Movement. This paper considers the larger implications of this intellectual property dispute over metal 3D printing for scarcity, regulation, and the abundance society. It also explores the innovation policies of the Biden administration in respect of advanced manufacturing—with a focus upon metal 3D printing and additive manufacturing.

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Metal 3D Printing: Patent Law, Trade Secrets, and Additive Manufacturing

Rimmer

2022

SSRN Journal

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3D printing and patent law – a UK perspective: apt and ready?

Cited by 3 publications

References 0 publications

Digital trade and intellectual property

Digital trade and intellectual property

Metal 3D printing: Patent law, trade secrets, and additive manufacturing

Metal 3D Printing: Patent Law, Trade Secrets, and Additive Manufacturing

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