Patent Parasites: Non-Inventors Patenting Existing Open-Source Inventions in the 3-D Printing Technology Space

Abstract

Open-source 3-D printing has played a pivotal role in revolutionizing the additive manufacturing (AM) landscape by making distributed manufacturing economic, democratizing access, and fostering far more rapid innovation than antiquated proprietary systems. Unfortunately, some 3-D printing manufacturing companies began deviating from open-source principles and violating licenses for the detriment of the community. To determine if a pattern has emerged of companies patenting clearly open-source innovations, this study presents three case studies from the three primary regions of open-source 3-D printing development (EU, U.S., and China) as well as three aspects of 3-D printing technology (AM materials, an open-source 3-D printer, and core open-source 3-D printing concepts used in most 3-D printers). The results of this review have shown that non-inventing entities, called patent parasites, are patenting open-source inventions already well-established in the open-source community and, in the most egregious cases, commercialized by one (or several) firm(s) at the time of the patent filing. Patent parasites are able to patent open-source innovations by using a different language, vague patent titles, and broad claims that encompass enormous swaths of widely diffused open-source innovation space. This practice poses a severe threat to innovation, and several approaches to irradicate the threat are discussed.