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Patents, Meet Napster: 3D Printing and the Digitization of Things

30 Pages Posted: 12 Oct 2013 Last revised: 28 Oct 2015

Deven R. Desai

Georgia Institute of Technology - Scheller College of Business

Gerard N. Magliocca

Indiana University Robert H. McKinney School of Law

Date Written: October 9, 2013

Abstract

Digitization has reached things. This shift promises to alter the business and legal landscape for a range of industries. Digitization has already disrupted copyright-based industries and laws. As cost barriers dropped, individuals engaged with copyrighted work as never before. The business-to-business models of industrial copyright faltered and in some cases failed. Industries had to reorganize, and claimed foundations for copyright had to be re-examined. This Article examines a prime example the next phase of digitization: 3D printing and it implications on intellectual property law and practice.

3D printing is a general-purpose technology that will do for physical objects what MP3 files did for music. The core patent bargain — sharing the plans on how to make something in exchange for exclusivity — may be meaningless in a world of digitized things. While these devices will unleash the creativity of producers and reduce costs for consumers, they will also make it far easier to infringe patents, copyrights, and trade dress. This will force firms to rethink their business practices and courts to reexamine not only patent doctrine but also long established doctrine in areas ranging from copyright merger to trademark post-sale confusion. Moreover, Congress will need to consider establishing some sort of infringement exemption for 3D printing in the home and expanding the notice-and takedown provisions of the Digital Millennium Copyright Act to websites that host software enabling the 3D printing of patented items and distinctive trade dress. While a 3D printer is not yet a common household item, the time to start thinking about that future is now.

Suggested Citation

Desai, Deven R. and Magliocca, Gerard N., Patents, Meet Napster: 3D Printing and the Digitization of Things (October 9, 2013). 102 Geo. L.J. 1691 (2014); Indiana University Robert H. McKinney School of Law Research Paper No. 2013-37; Thomas Jefferson School of Law Research Paper No. 2338067. Available at SSRN: https://ssrn.com/abstract=2338067

Deven R. Desai (Contact Author)

Georgia Institute of Technology - Scheller College of Business ( email )

800 West Peachtree St.
Atlanta, GA 30308
United States

HOME PAGE: http://scheller.gatech.edu/directory/faculty/desai/index.html

Gerard N. Magliocca

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States
317-278-4792 (Phone)

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