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Patenting Physibles: A Fresh Perspective For Claiming 3d-Printable Products, Daniel Harris Brean
Patenting Physibles: A Fresh Perspective For Claiming 3d-Printable Products, Daniel Harris Brean
Daniel Harris Brean
To successfully combat patent infringement, it is necessary to have an effective way to extinguish infringement at the source. In the case of 3D printing, this means being able to enforce one’s patent against those who are selling or distributing the printable CAD files. But the law does not currently provide patent protection for CAD files. Because this severely limits the enforceability of patents in the emerging 3D printing space, it discourages innovation and needs to be remedied.
Beauregard claims are perhaps the best existing option for patents that might encompass CAD files, but Beauregard claims are still largely ineffective …
Asserting Patents To Combat Infringement Via 3d Printing: It's No "Use", Daniel Harris Brean
Asserting Patents To Combat Infringement Via 3d Printing: It's No "Use", Daniel Harris Brean
Daniel Harris Brean
Three-dimensional ("3D") printing technology, which enables physical objects to be "printed" as easily as words can be printed on a page, is rapidly moving from industrial settings into consumers' homes. The advent of consumer grade 3D printers fundamentally alters the traditional allocation of manufacturing infrastructure and sales activity. No longer do manufacturers need to make, sell, and ship physical products in their physical states. Rather, consumers may download digital representations of products over the Internet for printing in the comfort their own homes. For products sold in this fashion that are patented, this presents difficult hurdles to enforcement against infringers. …
Keeping Time Machines And Teleporters In The Public Domain: Fiction As Prior Art For Patent Examination, Daniel Harris Brean
Keeping Time Machines And Teleporters In The Public Domain: Fiction As Prior Art For Patent Examination, Daniel Harris Brean
Daniel Harris Brean
Works of fiction sometimes contain disclosures of inventions that operate as a bar to patentability, preventing inventors who actually make those inventions from subsequently patenting them. This is because the fictional disclosures effectively destroy the novelty of the inventions or render them obvious. Despite such disclosures, the U.S. Patent and Trademark Office does not habitually or effectively search through fiction for pertinent prior art in its examinations. This paper explores the legal, economic, and pragmatic considerations if searching fiction is to become part of the patent examination process. Until recently, it was impracticable to search fiction in a manner that …