As 3D printing continues to gain traction across industries, from aerospace to healthcare, understanding the potential for patent infringement, trademark issues, and copyright protection becomes increasingly important for businesses and creators.
This article explores the intricate relationship between 3D printing technology and intellectual property (IP) rights, shedding light on the various legal implications that arise from its use.
The Evolution of 3D Printing Technology
3D printing, also known as additive manufacturing, is a process in which a machine systematically deposits layers of material, such as plastic, that are fused together to create a three-dimensional object.
The instructions for this process are contained within CAD (Computer-Aided Design) files, which specify the necessary dimensions and structural details required for the printer to generate the final product.
Since the first patent for an early form of 3D printing was granted in 1986, technological advancements have substantially reduced the cost of 3D printers, making the technology more accessible to both businesses and individual consumers.
The scope of 3D printing has also expanded significantly, finding applications in industries such as aerospace – where it is used to manufacture jet engine components – and healthcare, as demonstrated in 1999 when scientists at the Wake Forest Institute for Regenerative Medicine successfully transplanted a 3D-printed bladder.
Given 3D printing’s rapid progression and growing potential, businesses should remain aware of the intellectual property (IP) implications that may arise from its use.
What Are the Intellectual Property Implications of 3D Printing?
In November 2018, the UK Intellectual Property Office (UK IPO) published a report entitled ‘3D Printing and Intellectual Property Futures’.
However, there is currently no specific legislation in the UK that directly addresses the relationship between 3D printing and IP.
Consequently, businesses and individuals seeking to enforce their Intellectual Property rights must rely on existing IP laws.
How Can 3D Printing Lead to Patent Infringement?
Patents grant inventors exclusive rights to their innovations. However, only the patent proprietor, co-owner, or exclusive licensee has the authority to bring a claim for patent infringement.
Given that 3D printers are frequently used to produce spare parts for various products – such as aircraft components – companies looking to file claims for patent infringement must consider the legal distinction between ‘making’ a product (which constitutes an infringing act under the Patents Act) and ‘repairing’ one (which does not constitute an infringement).
The UK Supreme Court case Schutz (UK) Ltd v Werit UK Ltd [2013] UKSC 16 established that this distinction is a matter of “fact and degree.”
As a result, whether 3D printing constitutes patent infringement in each case will largely depend on the specific circumstances.
What Trademark and Passing Off Risks Are Associated with 3D Printing?
Trademarks cover distinctive signs such as names, logos, and certain shapes. Consequently, if a 3D-printed product incorporates a registered trademark without authorisation, it may give rise to trademark infringement claims.
Under the Trade Marks Act 1994, an individual or entity may be liable for trademark infringement if they:
• Use a sign identical to a registered trademark about identical goods;
• Use a sign identical to a registered trademark for similar goods where there is a likelihood of consumer confusion;
• Use a sign similar to a registered trademark for identical or similar goods where confusion is likely to arise;
• Use a sign identical or similar to a trademark with a reputation in the UK, where such use takes unfair advantage of, or is detrimental to, the trademark’s distinctive character or reputation.
As 3D printing technology continues to develop, the risk of brand damage resulting from substandard or unauthorised 3D-printed products may prompt trademark owners to seek legal remedies such as injunctions, orders to deliver infringing goods, and damages.
Since it can be challenging to register trademarks for 3D shapes, businesses affected by unauthorised 3D printing may find a claim for passing off more appropriate.
To succeed in a passing off claim, the claimant must demonstrate:
• That their goods or services have goodwill attached to them;
• That there has been a misrepresentation leading the public to believe the goods originate from the claimant;
• That the misrepresentation has caused or is likely to cause damage to the claimant’s business or goodwill.
Can Copyright Protection Apply to 3D Printing?
There is also a legal argument that CAD files – essential to the 3D printing process – may be eligible for copyright protection. If CAD files are recognised as copyright-protected works, they would benefit from automatic copyright protection, which lasts for the creator’s lifetime plus 70 years.
Unauthorised copying or distribution of a CAD file without the creator’s permission could constitute copyright infringement, making it a relevant concern for those using or sharing CAD files for 3D printing purposes.
What Are the Key Considerations for Businesses Using 3D Printing?
3D printing has undergone remarkable technological advancements in recent years, and further innovation is anticipated. As a result, intellectual property rights will become even more significant in industries that rely on manufacturing and scientific development.
Businesses and individuals should seek legal advice to ensure their IP rights are protected and enforceable in the evolving landscape of 3D printing technology.