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Patent Infringement in 3D Printing
Technology and Liability of the Managing Director

Author: Dr. Marc Gerauer

3D printing is one of the most spectacular technical developments of recent years and its use is no longer reserved for companies with a high level of investment. Meanwhile, the prices for entry-level models of 3D printers are in the range of smartphones. Here, "3D printing" is a generic term for processes for the production of three-dimensional objects. Typical materials are plastics, synthetic resins, ceramics or metals. Especially when manufacturing costs play a minor role and the objective is to create an  individualized product, 3D printing plays an outstanding role. Computer-aided design (CAD) files serve as printing templates which contain the relevant information for printing. CAD files can be reproduced indefinitely and distributed on the Internet. Thus, it is possible to have 3D objects produced at any location, provided that a suitable 3D printing system is available. Therefore, a product can be produced on site as required. For instance, it would be conceivable that automobile manufacturers or suppliers for automobile manufacturers place CAD files on the Internet so that workshops could print out spare parts or exchange parts with improved properties on site themselves or at locally located printing stations. Moreover, medical products which can be tailored specifically to the human individual are also conceivable, for example by using data already stored from radiological diagnostics.

This leads to new challenges for intellectual property law, especially for patent law. Since the purely private use of 3D printing is not restricted by patent law, the following article examines the patent law aspects of commercial trade in Germany. […]

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