Introduction

Since 3D printing can produce any product or design imaginable, there are certain concerns in connection to Intellectual Property (IP) laws and patent infringements. It is important to stay up to date on each development of IP law and legislation in order to prevent accidental patent infringement or illegal use. In this blog we will cover some important things to keep in mind when developing parts to be printed. We will also discuss some challenges, legal implications, and strategies to help ensure the success of your project.

Understanding Intellectual Property Laws

There are different types of intellectual property laws including the three main categories: patents, copyrights, and trademarks. According to the World Intellectual Property Organization, patent laws are granted for exclusive rights to an invention or technical development product. Copyright laws apply to artistic or literary works or creations. Finally, trademark laws apply to particular goods or services that are distinguished from similar services. Each of these types of laws can be used to protect a creator or designer’s rights to ownership during litigation or court case.

It is important to understand how your product may fall under these laws. In addition, you may want to apply for your product to gain a patent or copyright to protect your own creation. On the other hand, it is important to ensure that your 3D print does not infringe on any current patents, especially if you are planning to sell it.

Another aspect of IP law to consider is that these laws are always changing and being updated. Each new technological development case can cause the need for a revolutionary change to the current legislation.

Challenges Posed by 3D Printing

There are different ways that patent, copyright, and trademark law applies to 3D printings, mostly depending on the intended use of the product. For example, when something that is 3D printed for private personal use only, it is not considered an infringement. However, the same part could be printed to sell and be considered a violation.

Another aspect of the same issue is the source of the 3D file that is used for printing. Some 3D files can be acquired on the internet for free, and others can be purchased. An important question that is still being answered by lawmakers is who owns the digital file if it is created by multiple people? In addition, how would piracy laws apply to 3D printing files?

Finally, it is important to remember than enforcing piracy laws on digital products is incredibly difficult. This is due to difficulty with tracing the source, use, and ownership of digital files. These laws, policies, and enforcement regulations are currently being developed and changed with every new case.

Legal Cases of 3D Printing Issues

The first precedent-setting case about 3D files and copyright infringement comes from 2011, when a user created and uploaded a 3D file of the Penrose Triangle design to a public forum. A takedown notice to have the file removed was posted by someone who claimed to own the design, and so began the issues surrounding 3D printing technology.

A more recent case comes from a situation where a custom chess piece, based on a French artist’s personal work, was 3D printed. The artist’s family objected to the use and filed complaints with the printers.

Similar cases have occurred in recent and continue to occur, effecting each new piece of copyright, patent, and IP legislation.

Strategies for Protecting Intellectual Property in 3D Printing

A helpful resource in understanding copyright and patent laws is the World Intellectual Property Organization website. We also recommend hiring a good lawyer or IP professional to help you navigate the maze of IP law and applicable legislation.

An option that may be helpful in creating your own IP is the use of digital rights management (DRM) technology.  You can also file for your own patent, copyright, or watermark to help preserve the private ownership of your parts or designs. Lastly, it is important for your to educate yourself and stay up to date on new rulings and cases in this legal environment.

The Future of Intellectual Property in 3D Printing

Besides new cases and events in the 3D printing world, there are new technologies and digital security developments that effect IP rights. An example of new technology is blockchain security, which helps to trace the digital transactions and ownership of a pieces of digital content like files or cryptocurrency.

In the future, legislators and lawmakers are sure to address new cases as they come up and evolve the legal frontier of IP law and policy. There is a constant dialogue within the community of manufacturers and lawmakers that changes the legal responsibilities and consideration for stakeholders.

Conclusion 

In conclusion, the current legal landscape of IP laws and policy are in constant flux. When designing parts for 3D printing, it is vital to ensure the integrity and legality of the design. As the designer, it is up to you to check that your designs do not violate patent, copyright, or trademark laws.

There are many tools that are available to you when making sure your 3D projects are original. Technology like blockchain encryption and digital rights management technology can be useful. In addition, you can hire an IP legal expert or visit the World Intellectual Property Organization website.

Although flexibility of 3D printing technology is exciting, it is important to recognize the ethical considerations that are necessary to make when creating your designs. Once your project is certified and ready to print, visit our quote page to place an order and get started!

Disclaimer: This article is not intended to to provide actual legal advice on copyright, patent, or infringement law, but merely information about important considerations. For direction on your specific project, please see a licensed lawyer or IP law professional.