Make and Share: Intellectual Property, Higher Education, Technology Transfer, and 3D Printing in a Global Context
Jacob Rooksby, (Ed.) Research Handbook on Intellectual Property and Technology Transfer. Edward Elgar, Cheltenham (UK) and Northampton (Mass.), 2020, 447-479.
Posted: 2 Oct 2018 Last revised: 9 Apr 2020
Date Written: February 6, 2020
Abstract
This Chapter considers whether the 3D printing revolution will disrupt the traditional approaches to intellectual property and technology transfer in higher education. It explores the theoretical and practical implications of the Maker Movement for education, learning, and access to knowledge. This Chapter reviews the patent landscapes in respect of 3D printing, and notes the increasing rise of patent thickets in the technology field. It highlights questions over patent ownership and collaboration in respect of 3D printing, additive manufacturing, and advanced manufacturing. The Chapter explores various comparative approaches to direct and indirect patent infringement – with regard to 3D printing. It also considers the range of available defences to claims of patent infringement in respect of 3D printing – exploring the defence of experimental use; the private use defence; and the possibility of a defence recognizing the right of repair. This Chapter concludes by stressing that the 3D printing revolution can help promote the public interest of universities through models of open access, open data, and open innovation. Moreover, there is an opportunity to modernize patent law, practice, and policy in light of the emergence of disruptive new technologies such as 3D printing.
Keywords: Intellectual Property, Higher Education, Technology Transfer, 3D Printing, Additive Manufacturing, Universities, Patent Law, Patent Ownership, Patent Infringement, Patent Exceptions
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