Study On The Problem Of Patent Infringement Of 3D Printing Technology

With the rapid sustainable development of economy and society, the role of the patent system in the protection of the interests of the patent owner has been deepening.As a safeguarding of the legitimate interests of the patent owner,patent system is constantly stimulating the emergence of new technologies.The patent system is going deep into the promotion of China’s socialist modernization.Entering the new century,with the emergences of new production technologies and business model,the current patent system faces unprecedented challenge since the date of its birth.To some certain extent,one of the direct threats that the current patent system faced is the impact of 3D printing technology.3D printing technology becomes possible to violate patentee’s right and interests on the premise of not violating the existing patent law as it has advanced manufacturing technique and unprecedented information sharing capability.With the Ministry of Industry and Information announced on February 11,2015 "State by Promoting Material Manufacturing Industry Development Plan (2015-2016)", China’s 3D printing technology will also usher a period of great development.How to reasonably and effectively protect of patent right related to the application in the development of 3D printing industry has become an important research issue that patent laws need attention.Early in the birth of the patent system in the 19th century, it was impossible to foresee the flourishing of 3D printing technology in the 21st century.The existing system of patent protection was constructed focusing on the industrial technology level of that time.lt played a protective role in benefit rights at the time.However the rise of 3D printing,3D scanning,3D cloud data uploading and printing and outputting products can be done in different jurisdictions.The part of the patented products can be scanned and printed by users themselves,rather than purchasing from patentees.These all above mentioned can not be conducted effective legal restraint in our existing patent law, and the right of the patent holders can not be effectively protected.Therefore, from the characteristic of 3D printing,the author of this dissertation will analyze from the perspective of the patent law and try to find the regulation path of patent infringement of 3D printing technology preventing.The full text is divided into three parts:The first part is an generalization of principle of 3D printing technology, current situation and development trend of this technology.The second part the author describes the impacts of 3D printing technology in the aspects of the existing patent system.The third part the author analyzes deeply the above impacts and puts forward feasible suggestions to the above impacts.