Once a thought of science fiction and now a piece of modern technology, 3D printing is now being used to design and develop products all over the world.

As the cost of 3D printers has dropped, the technology has become more accessible to businesses and individuals. Whilst this has encouraged innovation, 3D printers provide companies and individuals with the ability to produce their own products in-house, it does pose an intellectual property (IP) challenge.

3D printing V Intellectual property, what’s the risk?

According to Gartner Inc., an international research firm, 3D printing will result in the annual global loss of at least £70 billion in intellectual property by 2018. This is due to a business or individual being able to download a design file for a particular product and print a replica of the product without involving the manufacturer from anywhere in the world.

The problem is the files downloaded and used to print may be illegal or unauthorised. For example, a business or individual may download a free, unlicensed copy of a 3D print file for a patented product rather than pay for the licensed version of the file. The possibility of others obtaining an unlicensed file is an IP risk for the original manufacturer.

If a business or individual makes, sells or distributes a product made using an unlicensed 3D print file without receiving the consent of the IP owner, they could be found guilty of infringement. If a business or individual is found guilty of infringement, they could be given a prison sentence of up to 10 years and a fine. If they make, sell or distribute a patented product or supply any means relating to an essential feature of the patent, they could be found to infringe the patent and liable to pay damages to the patent owner. An example of this would be an individual creating a file of a pre-existing patented product and selling it to the general public.

As almost anything can be created with 3D printers the scope of risks for your IP is potentially unlimited and includes;

• The illegal copying and distribution of the original manufacturer’s design files.
• The creation of unauthorised design files of the original manufacturer’s IP‑protected products.
• The modification of your design or a product.
• The creation of unauthorised or counterfeit copies of the original manufacturer’s IP‑protected products.
• The creation of defective versions of your products. By distributing under the products original branding this could damage the business reputation of the original manufacturer.

Associated risks of 3D printing can severely damage the finances and reputation of the IP rights’ owner; including loss of licencing revenue and also the cost of defending or enforcing an infringement claim. Read our top tips to help you mitigate them;

Top tips to protect your intellectual property

• Use secure streaming for your files, sending them directly to the 3D printer only.
• Review your IP protection ensuring you and your products are protected against infringement.
• Register your inventions (patent, designs and trade marks).
• Keep copies of original copyright works and design files.
• Include a copyright notice in your design files e.g. © Filemaker Limited. All rights reserved.
• Include some redundant code in design files so you can identify any copies of it.
• Review each product’s IP ensuring the protection is renewed and covers the countries required.
• Monitor the product market for any items being sold or distributed that resemble your IP.
• Review your insurance policy to check whether it covers the cost of defending your business against any product liability claim.
• Invest in Intellectual Property Insurance.

Counterfeit and copy-cat products have always been an issue but 3D printing provides new opportunities for people to copy your IP so it’s worth taking the time to think about how your business can protect itself.

Source: Zywave Manufacturing Risk Insights - 3D Printing and Intellectual Property

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