Enforcing patents in the era of 3D printing

Research output: Contribution to journalJournal articleResearchpeer-review

Standard

Enforcing patents in the era of 3D printing. / Ballardini, Rosa Maria ; Norrgård, Marcus; Minssen, Timo.

In: Journal of Intellectual Property Law & Practice, Vol. 10, No. 11, 22.10.2015, p. 850-866.

Research output: Contribution to journalJournal articleResearchpeer-review

Harvard

Ballardini, RM, Norrgård, M & Minssen, T 2015, 'Enforcing patents in the era of 3D printing', Journal of Intellectual Property Law & Practice, vol. 10, no. 11, pp. 850-866. https://doi.org/10.1093/jiplp/jpv152

APA

Ballardini, R. M., Norrgård, M., & Minssen, T. (2015). Enforcing patents in the era of 3D printing. Journal of Intellectual Property Law & Practice, 10(11), 850-866. https://doi.org/10.1093/jiplp/jpv152

Vancouver

Ballardini RM, Norrgård M, Minssen T. Enforcing patents in the era of 3D printing. Journal of Intellectual Property Law & Practice. 2015 Oct 22;10(11):850-866. https://doi.org/10.1093/jiplp/jpv152

Author

Ballardini, Rosa Maria ; Norrgård, Marcus ; Minssen, Timo. / Enforcing patents in the era of 3D printing. In: Journal of Intellectual Property Law & Practice. 2015 ; Vol. 10, No. 11. pp. 850-866.

Bibtex

@article{e54ef01141b24663a98be32d8d7e15f6,
title = "Enforcing patents in the era of 3D printing",
abstract = "This article explores relevant laws and doctrines of patent infringement in Europe with a special emphasis on 3D printing (3DP) technologies. Considering the difficulties that patent owners might face in pursuing direct patent infringement actions in the rapidly evolving era of 3DP, we suggest that patent owners will most likely direct their efforts towards indirect patent infringement strategies. Hence, our analysis concentrates on selected indirect patent infringement doctrines in order to (1) provide a detailed analysis of pan-European theories of indirect patent infringement and secondary liability, and (2) highlight the possible challenges and questions that 3DP might raise for traditional interpretations and applications of the indirect patent infringement test in Europe. Realizing that much uncertainty remains within the 3DP area with no clear indications on how patent infringements will be addressed by national courts or the EU Unified Patent Court, we argue that EU courts should attempt to align their approaches and to follow same lines of interpretation. As this is a global issue, we further conclude that all European stakeholders and courts should closely monitor the developments in other jurisdictions, such as the US which is currently the leader in 3DP technology. We further sustain that the sooner right holders will begin strategizing on how to approach business and legal issues in the 3DP context, the less their business models will be shaken up by this technological disruption. Moreover, although the internet platforms and CAD files repositories will play a major role in the development and spreading of the 3DP technology, they will likely to be at the center of major law disputes unless they carefully consider the scope of their activities (host and/or customize and/or print) in light of IP law. Enforcing patents in the era of 3D printing Rosa Maria Ballardini, Marcus Norrg{\aa}rd, and Timo Minssen Journal of Intellectual Property Law & Practice 2015 10: 850-866",
keywords = "Faculty of Law, Patent infringement, 3 D printing, conmparative law, litigation, unitary patent",
author = "Ballardini, {Rosa Maria} and Marcus Norrg{\aa}rd and Timo Minssen",
note = "This article explores relevant laws and doctrines of patent infringement in Europe with a special emphasis on 3D printing (3DP) technologies. Considering the difficulties that patent owners might face in pursuing direct patent infringement actions in the rapidly evolving era of 3DP, we suggest that patent owners will most likely direct their efforts towards indirect patent infringement strategies. Hence, our analysis concentrates on selected indirect patent infringement doctrines in order to (1) provide a detailed analysis of pan-European theories of indirect patent infringement and secondary liability, and (2) highlight the possible challenges and questions that 3DP might raise for traditional interpretations and applications of the indirect patent infringement test in Europe. Realizing that much uncertainty remains within the 3DP area with no clear indications on how patent infringements will be addressed by national courts or the EU Unified Patent Court, we argue that EU courts should attempt to align their approaches and to follow same lines of interpretation. As this is a global issue, we further conclude that all European stakeholders and courts should closely monitor the developments in other jurisdictions, such as the US which is currently the leader in 3DP technology. We further sustain that the sooner right holders will begin strategizing on how to approach business and legal issues in the 3DP context, the less their business models will be shaken up by this technological disruption. Moreover, although the internet platforms and CAD files repositories will play a major role in the development and spreading of the 3DP technology, they will likely to be at the center of major law disputes unless they carefully consider the scope of their activities (host and/or customize and/or print) in light of IP law.",
year = "2015",
month = "10",
day = "22",
doi = "10.1093/jiplp/jpv152",
language = "English",
volume = "10",
pages = "850--866",
journal = "Journal of Intellectual Property Law & Practice",
issn = "1747-1532",
publisher = "Oxford University Press",
number = "11",

}

RIS

TY - JOUR

T1 - Enforcing patents in the era of 3D printing

AU - Ballardini, Rosa Maria

AU - Norrgård, Marcus

AU - Minssen, Timo

N1 - This article explores relevant laws and doctrines of patent infringement in Europe with a special emphasis on 3D printing (3DP) technologies. Considering the difficulties that patent owners might face in pursuing direct patent infringement actions in the rapidly evolving era of 3DP, we suggest that patent owners will most likely direct their efforts towards indirect patent infringement strategies. Hence, our analysis concentrates on selected indirect patent infringement doctrines in order to (1) provide a detailed analysis of pan-European theories of indirect patent infringement and secondary liability, and (2) highlight the possible challenges and questions that 3DP might raise for traditional interpretations and applications of the indirect patent infringement test in Europe. Realizing that much uncertainty remains within the 3DP area with no clear indications on how patent infringements will be addressed by national courts or the EU Unified Patent Court, we argue that EU courts should attempt to align their approaches and to follow same lines of interpretation. As this is a global issue, we further conclude that all European stakeholders and courts should closely monitor the developments in other jurisdictions, such as the US which is currently the leader in 3DP technology. We further sustain that the sooner right holders will begin strategizing on how to approach business and legal issues in the 3DP context, the less their business models will be shaken up by this technological disruption. Moreover, although the internet platforms and CAD files repositories will play a major role in the development and spreading of the 3DP technology, they will likely to be at the center of major law disputes unless they carefully consider the scope of their activities (host and/or customize and/or print) in light of IP law.

PY - 2015/10/22

Y1 - 2015/10/22

N2 - This article explores relevant laws and doctrines of patent infringement in Europe with a special emphasis on 3D printing (3DP) technologies. Considering the difficulties that patent owners might face in pursuing direct patent infringement actions in the rapidly evolving era of 3DP, we suggest that patent owners will most likely direct their efforts towards indirect patent infringement strategies. Hence, our analysis concentrates on selected indirect patent infringement doctrines in order to (1) provide a detailed analysis of pan-European theories of indirect patent infringement and secondary liability, and (2) highlight the possible challenges and questions that 3DP might raise for traditional interpretations and applications of the indirect patent infringement test in Europe. Realizing that much uncertainty remains within the 3DP area with no clear indications on how patent infringements will be addressed by national courts or the EU Unified Patent Court, we argue that EU courts should attempt to align their approaches and to follow same lines of interpretation. As this is a global issue, we further conclude that all European stakeholders and courts should closely monitor the developments in other jurisdictions, such as the US which is currently the leader in 3DP technology. We further sustain that the sooner right holders will begin strategizing on how to approach business and legal issues in the 3DP context, the less their business models will be shaken up by this technological disruption. Moreover, although the internet platforms and CAD files repositories will play a major role in the development and spreading of the 3DP technology, they will likely to be at the center of major law disputes unless they carefully consider the scope of their activities (host and/or customize and/or print) in light of IP law. Enforcing patents in the era of 3D printing Rosa Maria Ballardini, Marcus Norrgård, and Timo Minssen Journal of Intellectual Property Law & Practice 2015 10: 850-866

AB - This article explores relevant laws and doctrines of patent infringement in Europe with a special emphasis on 3D printing (3DP) technologies. Considering the difficulties that patent owners might face in pursuing direct patent infringement actions in the rapidly evolving era of 3DP, we suggest that patent owners will most likely direct their efforts towards indirect patent infringement strategies. Hence, our analysis concentrates on selected indirect patent infringement doctrines in order to (1) provide a detailed analysis of pan-European theories of indirect patent infringement and secondary liability, and (2) highlight the possible challenges and questions that 3DP might raise for traditional interpretations and applications of the indirect patent infringement test in Europe. Realizing that much uncertainty remains within the 3DP area with no clear indications on how patent infringements will be addressed by national courts or the EU Unified Patent Court, we argue that EU courts should attempt to align their approaches and to follow same lines of interpretation. As this is a global issue, we further conclude that all European stakeholders and courts should closely monitor the developments in other jurisdictions, such as the US which is currently the leader in 3DP technology. We further sustain that the sooner right holders will begin strategizing on how to approach business and legal issues in the 3DP context, the less their business models will be shaken up by this technological disruption. Moreover, although the internet platforms and CAD files repositories will play a major role in the development and spreading of the 3DP technology, they will likely to be at the center of major law disputes unless they carefully consider the scope of their activities (host and/or customize and/or print) in light of IP law. Enforcing patents in the era of 3D printing Rosa Maria Ballardini, Marcus Norrgård, and Timo Minssen Journal of Intellectual Property Law & Practice 2015 10: 850-866

KW - Faculty of Law

KW - Patent infringement, 3 D printing, conmparative law, litigation, unitary patent

UR - http://jiplp.oxfordjournals.org/

U2 - 10.1093/jiplp/jpv152

DO - 10.1093/jiplp/jpv152

M3 - Journal article

VL - 10

SP - 850

EP - 866

JO - Journal of Intellectual Property Law & Practice

JF - Journal of Intellectual Property Law & Practice

SN - 1747-1532

IS - 11

ER -

ID: 140531447