Enforcing patents in the era of 3D printing

Ballardini, Rosa Maria; Norrgård, Marcus; Minssen, Timo

doi:10.1093/jiplp/jpv152

Cited by 8 publications

(4 citation statements)

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“…For example, in order to repair a protected product by producing a spare part, it might be necessary to “make” a part of the invention. It should be noted that infringement can occur only if the repairs are carried out for commercial purposes; private use is exempt from patent infringement in most European jurisdictions (Ballardini and Lee, 2017). It should also be clarified that this paper focuses on primary markets for spares (i.e.…”

Section: Digital Spare Parts and Patent Law: Theoretical Frameworkmentioning

confidence: 99%

“…In the context of producing spare parts for patented products, the relevant infringing act is “making” the patented invention. Indirect infringement occurs when “means that relate to an essential element of the invention are supplied on the national territory (where the patent has effect) to any person other than a party entitled to exploit the patented invention with the knowledge that such means will be used in an infringing product or method” (Ballardini et al , 2015). Thus, in the case of spare parts, if someone knowingly supplies an unauthorized third party with an unpatented part related to an essential element of a patented product, the patentee might be able to assert indirect infringement.…”

Section: Digital Spare Parts and Patent Law: Theoretical Frameworkmentioning

confidence: 99%

“…The question of whether sharing a digital representation of a patent-protected object over the internet could be considered as either direct or indirect patent infringement is even more uncertain. It is likewise unclear whether the CAD file of a protected object is capable of qualifying as “means” or even an “essential element” for the purpose of indirect patent infringement (Ballardini and Norrgård, 2016; Ballardini et al , 2017). The situation becomes even more complicated when one considers that CAD files allow data to be easily modified, further blurring the line between making and repairing.…”

Section: Digital Spare Parts and Patent Law: Theoretical Frameworkmentioning

confidence: 99%

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Printing spare parts through additive manufacturing: legal and digital business challenges

Ballardini

Ituarte

Pei

2018

JMTM

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Purpose: This paper investigates the technology, business and intellectual property issues surrounding the production of spare parts through Additive Manufacturing (AM) from a digital source. It aims to identify challenges to the growth of the AM spares market and propose suitable solutions. Methodology:The paper begins with a systematic literature review and theoretical analysis. This is followed by case study research (CSR) through semi-structured interviews, forming the basis of a triangulated, cross-case analysis of empirical data. Findings:The paper identifies several obstacles to the development of the AM-produced digital spares market. The manufacturing industry will soon be forced to rethink AM as a real manufacturing alternative. Short-term, AM technology has implications for the production of components for legacy systems for which tooling facilities no longer exist. Long-term, AM will be used to produce a wide range of components especially when product and/or service functionality can be increased. To enable companies to navigate current uncertainties in the patent framework (especially the 'repair versus make' doctrine), new IPR strategies could be developed around patenting both complex devices and their individual components, and seeking patent protection for CAD files. Further harmonization of the EU legal framework, the interpretation of claims and the scope of protection offered in the context of spare parts, will also be important.Originality/value: This study pinpoints key issues that need to be addressed within the European AM business environment and the patent system and proposes recommendations for business and legal frameworks to promote the growth of a stable European digital spare parts market.

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Section: Digital Spare Parts and Patent Law: Theoretical Frameworkmentioning

confidence: 99%

Section: Digital Spare Parts and Patent Law: Theoretical Frameworkmentioning

confidence: 99%

Section: Digital Spare Parts and Patent Law: Theoretical Frameworkmentioning

confidence: 99%

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Printing spare parts through additive manufacturing: legal and digital business challenges

Ballardini

Ituarte

Pei

2018

JMTM

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“…In the domain of patent law, it is unclear whether patents can be used to protect CAD files. For example, it might be challenging to determine when a technical effect and technical contribution are present [ 25 ]. Although new strategies to file ‘CAD-files’ types of patent claims are on the rise, whether patent offices will accept them remains an open question.…”

Section: Resultsmentioning

confidence: 99%

Core Legal Challenges for Medical 3D Printing in the EU

Pettersson,

Ballardini,

Mimler

et al. 2024

Healthcare

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3D printing has been adopted into routine use for certain medical applications, but more widespread usage has been hindered by, among other things, unclear legislation. We performed an analysis, using legal doctrinal study and legal informatics, of relevant EU legislation and case law in four issues relevant to medical 3D printing (excluding bioprinting or pharmacoprinting): pre-market approval, post-market liability, intellectual property rights, and data protection. Several gaps and uncertainties in the current legislation and interpretations were identified. In particular, we regard the current EU regulatory framework to be quite limiting and inflexible, exemplifying a cautionary approach common in EU law. Though the need to establish high safety standards in order to protect patients as a disadvantaged population is understood, both legal uncertainties and overregulation are seen as harmful to innovation. Hence, more adaptive legislation is called for to ensure continuous innovation efforts and enhanced patient outcomes.

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Intellectual Property Rights at Crossroads: The Copyright and Patent Implications Relating to 3D Printing

Mendis,

Ballardini

2023

Springer Handbooks

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Enforcing patents in the era of 3D printing

Cited by 8 publications

References 0 publications

Printing spare parts through additive manufacturing: legal and digital business challenges

Printing spare parts through additive manufacturing: legal and digital business challenges

Core Legal Challenges for Medical 3D Printing in the EU

Intellectual Property Rights at Crossroads: The Copyright and Patent Implications Relating to 3D Printing

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