3D Printing & Patents

LOUIS-PIERRE GRAVELLE

September 17, 2014

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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

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Figure 2: Top 3D printing companies.Source: Gridlogics Technologies Pvt Ltd. 3D Printing Technology Insight Report (2014).

Expiring or lapsed patents

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Figure 3 : Cube®2 from 3DSystems

Expiring or lapsed patents

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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

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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

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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

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US 8,286,236

� Granted on October 9, 2012

� Assigned to The Invention Science Fund I, LLC.

Manufacturing control system

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Patent infringement involving 3D printing

CAD/CAM

files of patented

articles

Patent infringement?

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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!

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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

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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

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Conclusion on infringement scenarios

Source: http://www.7culturalmountains.org/apps/articles/default.asp?blogid=4334&view=post&articleid=75611

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What about 4D printing?

Self-assembled structure (MIT)

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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 GRAVELLEgravelle@robic.com

+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

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Montreal1001, Square-Victoria – Bloc E – 8th floorMontreal (Quebec) Canada H2Z 2B7

Quebec2828, Laurier Boulevard, Tower 1, suite 925Quebec (Quebec) Canada G1V 0B9

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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