Patent Infringement Issues Relating To 3D Printing Digital Model Files

The digital model file is the core of patent infringement in the context of 3D printing,and the key issue in determining the infringement is whether the 3D digital model file is a patentable subject of the patent law,and whether it is a “special product” for implementing the patent.The infringement judgment of all aspects of 3D printing patent products is the focus of this paper.The behavior of the actor to produce and provide the digital model file does not comply with the constituent elements of the patent law in Article 11 concerning the direct infringement of the patent right.Therefore,the two acts of the actor cannot be identified as direct infringement of the patent right.A complete indirect infringement system makes it difficult to protect the interests of patent owners through an indirect infringement system.Due to the prosperity of 3D printing technology,more and more individuals have become the mainstay of manufacturing products.Due to the premise of Article 11 of the Patent Law “for the purpose of production and operation”,the personal printing behavior of“non-production and business purposes” cannot be determined.For direct infringement of patent rights.Therefore,in the context of 3D printing,the current patent law has hindered the protection of the interests of patent holders.China can learn from the provisions of the Anglo-American legal system for infringement or establish the indirect infringement by deleting the premise of “production and business purposes”.The system,the introduction of the "notification-delete" rule,etc.,modify the current patent law to protect the rights of the patentee.