3D printing: A new generation of prototyping
In industry, 3D printing technology has already been used for decades. Increasingly, 3D printing is also used by private individuals and offered by print stores to produce models and products.
Interest in the use of 3D printers has grown in recent years, particularly because the devices have become easier to use and less expensive to purchase. The range is wide: from the development of individual figures and artistic objects to the reproduction of existing products and the production of spare parts.
The basis for 3D printing are so-called computer-aided design (CAD) files. A CAD file is digitally designed using a 3D scan or a special program. It contains all relevant information and is the blueprint for the product to be constructed.
Infringements by reproduction of a 3D model
When using 3D printers, legal caution is required in several respects. With the use one must be aware that certain forms, functions or whole products can be legally protected and one possibly commits an infringement with the reproduction or production of it.
Property rights, such as patents, utility models, designs and trademarks, protect the property right owner from the commercial use of his intellectual property by others.
If the 3D product is clearly privately manufactured, patent, trademark and design rights cannot be asserted. For a clearly privately replicated product that is in use exclusively for private use, only the limits of copyright must be observed. Copyright protection arises - automatically - in all works of fine art.
Caution for commercial use
However, if the 3D product is to be manufactured or used commercially, it must be checked in detail in advance whether an existing property right is being infringed:
Patents or utility models protect technical inventions. The design right protects the appearance of the 3D created product (see also our blog article about Registered Designs 4/2018). There may also be conflicts with trademark law; for example, if a legally protected word or figurative mark or a trademark-protected shape is imitated.
Spare parts that are commercially produced using 3D printing may also be affected by these property rights, if applicable.
In our upcoming posts on this blog, we will go into detail about how the various intellectual property rights may be affected by 3D printing technology.
Regarding Matthias Rößler:
Matthias Rößler, German and European Patent Attorney since 2003, studied mechanical engineering at the RWTH Aachen. He is co-founding partner of karo IP. A main focus of his practice is the management of large patent portfolios and the enforcement of bilateral litigation proceedings before patent offices and patent courts. His additional qualification as Master of Laws (LL.M.) qualifies him especially for multinational infringement matters in Europe.