Skip to main content Accessibility help
×
Hostname: page-component-cd9895bd7-hc48f Total loading time: 0 Render date: 2024-12-23T23:22:52.500Z Has data issue: false hasContentIssue false

6 - Patents – Indirect Infringement and Intermediaries

Published online by Cambridge University Press:  24 July 2019

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

Summary

Chapter 6 explores the doctrines of indirect (secondary) patent infringement in the United States, Europe, and Japan, focusing primarily on novel statutory interpretation issues brought about by 3D printing technology. Indirect infringement generally requires knowledge of the patent or some sort of intent to infringe. Because 3D printing technology will empower many legally unsophisticated actors to assist – even if unwittingly – others to infringe, virtually every jurisdiction will need to clarify how to measure knowledge or intent when numerous individuals or small businesses are involved. In Europe, courts will also need to decide the fundamental issue of whether the knowledge requirement implies a culpable mental state. Additional statutory interpretation issues include what constitutes a “component” under U.S. law and what constitutes “means, relating to an essential element of the invention” under many countries’ statutes. In Japan, courts or lawmakers will need to clarify whether a “product” includes 3D printable files. The chapter concludes by recommending that courts and lawmakers resolve interpretive issues in a manner that captures at least the most egregious actors, namely, those who repeatedly and knowingly facilitate infringement by distributing DMFs.

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
×