The Influence Of 3D Printing Technology On The Determination Of Subjective Requirements Of Patent Infringement And Countermeasures

The popularity of three dimension printing technology means the arrival of "universal manufacture” era.As a "potential destruction technology",it changes the traditional manufacturing mode of production and the supply chain of raw materials and consumption patterns,and at the same time,poses a serious challenge for the current patent system,especially for impacting determination of patent infringement subjective elements.Under the three dimension printing,the patent law exemption of printing behaviour of non-production management goal not only violates the patent law ordinary exception standard of patent exception article of TRIPS agreement,but also causes great damage to the interests of the patentee.Patent law is based on interests balance,and the balance of interests constitute the foundation of the patent law.In China,that patent infringement of the patent law required subjective factor for the purpose of production and operation is determined by specific economic and technical conditions,under the background of the technology,the subjective element of patent infringement can maintain the benefit balance.But the appearance of there dimension printing which is a landmark invention breaks the original balance of interests.In the age of three dimension printing,whether patent law should continue to exempt behavior of producing patent product with non-production purpose,or to limit of this behavior.There are different opinions,delete,modification,main reservation,royalties and technology protection measures.Faced with three dimension printing technology,the strong rival,and differences of academic point views,we have to return to nature,seeming the private rights attribute of the patent law and the relationship between the binary value target of patent law as the breakthrough point,studies deeply on keeping or deleting the patent infringement subjective elements.And to put forward advice to deal with the challenge of three dimension printing versus the patent infringement subjective factor,which deletes “for the purpose of production and management ”.But,to some extent,it limits the public approaching the patent technology,and it may cause the balance of interests in patent law leaning to the patentee.Patent law,therefore,should be at the same time improve the system of fair use,and introduce the statutory licensing system,to safeguard the social public reasonable demands for patent technology,so as to realize the legislative purpose of the patent law to protect the legitimate rights and interests of the patentee,encourage innovation,promote the application of technological achievements,promote scientific and technological progress and economicdevelopment.