Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-2plfb Total loading time: 0 Render date: 2024-11-26T16:26:56.617Z Has data issue: false hasContentIssue false

5 - Patents – Direct Infringement, Individual Infringement, and “Digital” Infringement

Published online by Cambridge University Press:  24 July 2019

Lucas S. Osborn
Affiliation:
Campbell University, North Carolina
Get access

Summary

Chapter 5 turns to patent infringement. It introduces a fundamental tension between patent holders and good faith users of the technology. 3D printing will expose unsuspecting individuals and 3D print shops to patent infringement liability when they print patented objects. To spare unintentionally infringing individuals and 3D print shops the ruinous costs of litigation, I explore options for exemptions and safe harbors. At the same time, if 3D printing enables massive, individualized manufacturing, and if the law exempts each individual act of infringement, patent rights would be eviscerated. Squaring this circle will not be easy, but the chapter explores ways to alleviate the tension, particularly by strengthening indirect infringement claims and limiting exemptions to cases where the accused infringer had no knowledge of the patent. In addition, Chapter 5 demonstrates that 3D printable files will not infringe traditional patent claims directed to tangible objects. Moreover, the most commonly traded 3D printable file format will not infringe a computer-readable medium (Beauregard) claim. Attempting to alleviate some of the protection gaps for patent holders while balancing the needs of users, the chapter considers a novel theory of “digital patent infringement.”

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×