3D Printing & Patents
LOUIS-PIERRE GRAVELLE
September 17, 2014
2
Patent landscape
Figure 1: Publication trend for 3D printing patents. Source: Gridlogics Technologies Pvt Ltd. 3D Printing Technology Insight Report (2014).
Top 3D printing companies
3
Figure 2: Top 3D printing companies.Source: Gridlogics Technologies Pvt Ltd. 3D Printing Technology Insight Report (2014).
Expiring or lapsed patents
4
Figure 3 : Cube®2 from 3DSystems
Expiring or lapsed patents
5
US 5,587,913
� Expired December 14, 2013
� Assigned to Stratasys� Main advantage: reduces thetotal time required to generate a
finished part
Method Employing Sequential Two-
Dimensional Geometry for
Producing Shells for Fabrication by a Rapid Prototyping System
6
Expiring or lapsed patentsUS 5,597,589
� Expired January 28, 2014
� Assigned to DTM Corporation� Main advantage: avoid
undesirable shrinkage
Apparatus for Producing Parts by Selective Sintering
7
Expiring or lapsed patentsUS 5,610,824
� Expiring March 11, 2014
� Assigned to 3D Systems� Main advantage: useful for
large and complex objects
Rapid and Accurate Production of
Stereolithographic Parts
The 3D printing DRM patent
8
US 8,286,236
� Granted on October 9, 2012
� Assigned to The Invention Science Fund I, LLC.
Manufacturing control system
9
Patent infringement involving 3D printing
CAD/CAM
files of patented
articles
Patent infringement?
10
Typical infringement scenarioInfringing 3D Design Hosting website Manufacturing
� Direct infringement
�Liability for one who “makes, uses, offers to sell, or sells any patented invention.”
�Exception for personal/domestic use in
�China, Japan, Austria, Netherlands, Poland, Norway
�Exception for experimental use in
�Canada, USA
�Potential problem for IP right owners!
11
Typical infringement scenario
� Induced infringement
�Liability for individuals or companies who activelyinduce infringement of a patent.
� In the US, direct infringement is needed.
�High burden to meet in most countries
�It becomes difficult to prove inducedinfringement in our scenario.
Infringing 3D Design Hosting website Manufacturing
12
Typical infringement scenario
�Contributory infringement
�Liability for one who “offers to sell or sells … a component of a patented machine”
�Not currently recognized in Canada
� In Europe, most statutes are founded on� …when the third party knows, or it is obvious in the circumstances, that these means are suitable
and intended for putting that invention into effect. (emphasis added)
� In China, no uniform rules
�Cases adjudicated according to joint torts principles
Infringing 3D Design Hosting website Manufacturing
13
Conclusion on infringement scenarios
Source: http://www.7culturalmountains.org/apps/articles/default.asp?blogid=4334&view=post&articleid=75611
14
What about 4D printing?
Self-assembled structure (MIT)
15
Conclusion
MakerBot® ReplicatorTM 2�3D printing is here to stay
�Patent rights owners should be on their guards.�But only a few patented articles are subject to
be infringed by consumer 3D printer.
�3D printing is a great technology with manyimprovements to come.
�Tips and tricks for patent practitioners�Make your claims “future-proof”�Draft claims that try to avoid inducement or
collaborative infringement
Contact Information
LOUIS-PIERRE [email protected]
+1 (514) 987-8876
http://ca.linkedin.com/pub/louis-pierre-gravelle/0/a91/3b6/
@LPGravelle
ROBIC LLP
http://www.linkedin.com/company/robic
https://twitter.com/robiccanada
https://www.facebook.com/ROBICCanada?sk=info
16
Montreal1001, Square-Victoria – Bloc E – 8th floorMontreal (Quebec) Canada H2Z 2B7
Quebec2828, Laurier Boulevard, Tower 1, suite 925Quebec (Quebec) Canada G1V 0B9
17
Repairing a patented article with a 3D printer
3D printed spare parts. Source: http://www.engineering.com/3DPrinting/3DPrintingArticles/ArticleID/8283/3D-Print-Obsolete-Spare-Parts-at-a-Lower-Cost.aspx