Patenting Bioprinting-Technologies in the US and Europe   The 5th Element in the 3rd Dimension

Mimler, Marc; Minssen, Timo

doi:10.2139/ssrn.2946209

Cited by 5 publications

(7 citation statements)

References 25 publications

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“…Fortunately, the former would be less controversial than the latter in the context of patentability [ 13 ]. Moreover, some mechanical inventions, such as printing machines, would not face the controversy over nature-related patents; thus, they would find it easier to receive patent protection, compared to biological inventions, which are more likely to be confronted with the issue of nature-related exclusions [ 9 ].…”

Section: Resultsmentioning

confidence: 99%

“…Bioprinting products, such as bioprinted tissues and organs, as well as materials used in the printing process, that is, pre-printing materials, would face a challenge regarding their novelty vis-à-vis “natural” biomaterials. Their patentability depends on the level of human ingenuity involved and the extent of their distinction from natural equivalents [ 9 ]. Hsiao argues that 3D bioprinting inventions will not pass the eligibility test because their success will depend on the degree to which they resemble naturally occurring ones.…”

Section: Resultsmentioning

confidence: 99%

“…On the other hand, Minssen, Mimler and Boucher contend that bioprinting products are still essentially different from their natural counterparts, thus patent-eligible [ 9 , 18 ]. Xin [ 19 ] takes a nuanced position, claiming that perfect 3D bioprinting resembles their original versions, although some of its products may be patent-eligible because they have multiple characteristics that are essentially distinct, such as being constituted by genetically engineered cells.…”

Section: Resultsmentioning

confidence: 99%

“…However, it is constrained by the fact that it cannot be used to produce high-viscosity tissues. The second method is micro-extrusion printing, which is a method commonly used to print 3D biological tissues [ 9 ]. It overcomes the limitations of the inkjet printing method.…”

Section: Introductionmentioning

confidence: 99%

“…Bio-ink can also be made from different species (xenogeneic cells). Furthermore, bio-ink consists of pre-polymer solution hydrogels [ 9 ].…”

Section: Introductionmentioning

confidence: 99%

See 4 more Smart Citations

The Patent Eligibility of 3D Bioprinting: Towards a New Version of Living Inventions’ Patentability

Althabhawi

Zainol

2022

Biomolecules

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A combination of 3D printing techniques and synthetic biology, 3D bioprinting is a promising field. It is expected that 3D bioprinting technologies will have applications across an array of fields, spanning biotechnology, medical surgery and the pharmaceutical industry. Nonetheless, the progress of these technologies could be hindered, unless there is adequate and effective protection for related applications. In this article, the authors examine the patent eligibility of 3D bioprinting technologies. This issue raises concern given that existing patent systems are generally averse to nature-derived inventions and many of them exclude products of nature or discoveries from patentability. This qualitative study analyses the current patent systems in key jurisdictions, particularly, the U.S. and the EU, and their applicability, as well as effectiveness, in the context of 3D bioprinting. The study argues that the main reason for the apathy of existing patent systems towards bio-inventions is that they were designed to deal with mechanical inventions. It suggests an innovation framework that encompasses both mechanical and biological inventions to cater adequately to emerging technologies.

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Section: Resultsmentioning

confidence: 99%

Section: Resultsmentioning

confidence: 99%

Section: Resultsmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

“…Bio-ink can also be made from different species (xenogeneic cells). Furthermore, bio-ink consists of pre-polymer solution hydrogels [ 9 ].…”

Section: Introductionmentioning

confidence: 99%