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Transcript of Inside3dprinting_johnhornick
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3D Printing and the Future (or Demise) of Intellectual Property
John Hornick
September 2013
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First, a Disclaimer
Are these the shadows of the things that Will be, or are they the shadows of things that May be?
Ebenezer Scrooge, to the Third Spirit
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Keep in Mind . . .
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Keep in Mind
Tipping into the mainstream Everything will change
When you can make anything
Think about the implications
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Why the Future (or Demise) of IP?
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Three Reasons
Democratization of manufacturing Open collaboration movement
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Some People Dont Like IP
There is a persistent widespread belief that intellectual property law (and patents in particular) encourage innovation. This is intuitive, however, the evidence to the contrary is now overwhelming and the unavoidable conclusion is that intellectual property actually stifles innovation.
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The Players
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HIGH-END
PRINTERS
LOW-COST PRINTERS
3D Kits, A1 Technologies, Ac123Dc, Afinia, Airwolf 3D, Asiga, B9Creations, BatBot, Bits from Bytes, Blue Printer, CB-Printer, Code-p, CSP, Cubify, Deezmaker, Essential Dynamics, Eventorbot, EZ 3D printers, Fabbster, Fablicator, Felix Printers, Formlabs, German RepRap Foundation, Hot
Proceed, Hyrel 3D, Intelligent Machine Inc., Invent Apart, iRapid, Leapfrog, Lulzbot, Makemendel, Makergear, MaukCC, Mbot 3D, Mendel
Parts, MendelMax, miniFactory, Mixshop, Multistation, NW RepRap, PP3DP, Printrbot, Rays Opitcs, RepRap France - eMotion Tech, RepRapPro,
ReprapSource, Robo 3D, Robot Factory, Romscraj, Sharebot, Solido, Solidoodle, Sumpod, Tantillus, The Future is 3-D, Tinkerine Studio,
TrinityLabs, Type A Machines, Ultimaker, Ultra-Bot, Weistek, York 3D Printers, Zbot.cc
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Where is the IP in 3D Printing?
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Wheres Waldo?
AM machines driven by
software or firmware CAD/CAM file
fuse, layer on layer extruded material, powder, or sheets heat, chemical, glue, light, electron beam
Post-production work Hybrid machines
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Wheres Waldo?
AM machines driven by
software or firmware CAD file
fuse material layer on layer Extruded material, powder, or sheets Heat, chemical, glue, light, knife, electron beam
Post-production work Hybrid machines
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Why 3DP May Change Everything
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Why It May Change Everything: Micro
One machine makes all, no re-tooling or assembly More efficient/impossible designs, interior
structures
Affordable customization Complexity is free
Batches of one, created on demand
Efficient use of raw materials (less waste) Less energy (no shipping)
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Why It May Change Everything: Micro
One machine makes all, no re-tooling or assembly More efficient/impossible designs, interior
structures
Affordable customization Complexity is free
Batches of one, created on demand
Efficient use of raw materials (less waste) Less energy (no shipping)
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Why It May Change Everything: Macro
Facially inconsistent situations Manufacturing Renaissance in countries with
Strong intellectual capital But high manufacturing costs
Repatriation of jobs
No advantage in offshoring
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Why It May Change Everything: Macro
But Disruption/destruction of traditional models:
manufacturing, distribution, shipping, retail
Future sales: Designs, not products
Print at point of assembly/consumption
Just in time Printing in-house, by service bureaus, by you and me
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Why Macro Change Will Disrupt IP
The paradigm shift: Democratization of design
Lower entry barriers Many small businesses Fundamentally different designs Printing away from control
As democratization increases . . .
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Checklist For IP Disruption
Industrial scale Large build platform
Speed or scale
Industrial or Home scale Hybrid materials
Ability to print complex structures
Micro scale printing
Hybrid machines
Innovators, especially . . .
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Checklist For IP Disruption
CEO of Autodesk Carl Bass will speak from personal experience about how to get the young makers in your life empowered to make amazing things and explore the world around them
(Bay Area Maker Faire May 2013)
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Checklist For IP Disruption
One more thing:
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Checklist For IP Disruption
One more thing: Ability to do all of this away
from control
At home
Uncontrolled sources
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3DP Today
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3DP Today
Rapid prototyping: about 70% of the market Shortens the development life-cycle
Enables experimentation and innovation
Easy tweaking Perfect for one-offs
Saves cost
Increases confidence in final product
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3DP Today Manufacturing: growing rapidly of all machines sold Hot areas:
Aerospace
Automotive
Healthcare
Fashion
Complex structures
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3DP in Aerospace Boeing
Airbus: wing brackets
North Western Polytechnical U (China): titanium wing spar
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3DP in Aerospace GE:
Acquired 2 AM companies
Parts for 4000 LEAP engines
DMLS titanium powder Fuel nozzle
DMLS Cobalt-chromium powder Rolls Royce
Merlin project
6 engine makers
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3DP in Automotive Ford (and others) BMW 3 Cool Cars
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3DP in Healthcare 3D implants: perfectly match a patients body; better fixation
Walter Reed Army Medical Center: 3DP 60+ titanium cranial plate implants
2011: 3DP jaw implanted in an 83-year old woman
March 2013: 75% of a mans skull replaced with a custom-made implant (Oxford Performance Materials)
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3DP in Healthcare Proof of concept customizable artificial heart
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3DP in Healthcare
Proof of concept customizable artificial heart
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3DP in Healthcare Ears (cosmetic and bionic) Fingers Noses Models Custom hearing aids (95%) Dental (crowns, aligners)
10,000/day
Prosthetics Custom coverings
for artificial limbs
Bladder, liver, kidney Bone/bone cells DNA Custom Drugs Vaccines Facial Reconstruction Joints, discs, bones, spine Stem cells Tissue (ONVO)
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3DP in Fashion (not just shoes)
Dita Von Teese unveiled world's first fully 3DP dress
Designed with Shapeways assembled from 17 pieces, dyed black, lacquered
and adorned with over 13,000 Swarovski crystals to create a sensual flowing form
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3DP of Complex Structures
Stratasys and Optomec: first fully 3DP electro-mechanical structure
Optomec: antenna
Harvard/U of Illinois: microbatteries Disney: interactive toys Princeton U:
bionic ear
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IP Implications
Companies IP Philosophy Protectability IP infringement:
Types
Likelihood
Effectiveness of enforcement
Scale
Risk to IP system: Aerospace/Healthcare vs. Automotive/Fashion
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IP Implications
Companies IP Philosophy Protectability IP infringement:
Types
Likelihood
Effectiveness of enforcement
Scale
Risk to IP system: Aerospace/Healthcare vs. Automotive/Fashion
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IP Implications
Companies IP Philosophy Protectability: 12,000 PATENT APPLICATIONS IP infringement:
Types
Likelihood
Effectiveness of enforcement
Scale
Risk to IP system: Aerospace/Healthcare vs. Automotive/Fashion
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IP Implications
Companies IP Philosophy Protectability IP infringement:
Types: PATENT, COPYRIGHT, TRADE SECRET, TM
Likelihood
Effectiveness of enforcement
Scale
Risk to IP system: Aerospace/Healthcare vs. Automotive/Fashion
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IP Implications
Companies IP Philosophy Protectability IP infringement:
Types
Likelihood
Effectiveness of enforcement
Scale
Risk to IP system: Aerospace/Healthcare vs. Automotive/Fashion
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IP Implications
Companies IP Philosophy Protectability IP infringement:
Types
Likelihood
Effectiveness of enforcement
Scale
Risk to IP system: Aerospace/Healthcare vs. Automotive/Fashion
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IP Implications
Companies IP Philosophy Protectability IP infringement:
Types
Likelihood
Effectiveness of enforcement
Scale
Risk to IP system: Aerospace/Healthcare vs. Automotive/Fashion
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IP Implications
Companies IP Philosophy Protectability IP infringement:
Types
Likelihood
Effectiveness of enforcement
Scale
Risk to IP system: depends on democratization Aerospace/Healthcare vs. Automotive/Fashion
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IP Implications
Companies IP Philosophy Protectability IP infringement:
Types
Likelihood
Effectiveness of enforcement
Scale
Risk to IP system: depends on democratization Aerospace/Healthcare vs. Automotive/Fashion
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Materials: Golden Age
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Ordinary Materials
Mostly plastics (ABS, PLA)
A growing range of printable materials:
Metals
Ceramics
Food
Glass
Wood
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Not-So-Ordinary Materials Washington State U: bone-like material (support for
new bone growth)
U of Glasgow: organic compounds and inorganic clusters (customized medicines)
Cambridge U & PARC: thin film transistor
U of Warwick: Carbomorph Conductive plastic
functioning electronic device
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Not-So-Ordinary Materials
Hybrid inks: new combinations of physical, electrical, and mechanical properties
Colloidal: advanced ceramic, metallic, and polymer materials
Fugitive: tissue engineering, self-healing materials
Silver nanoparticle: conductive materials, implantable & wearable electronics (antennas, sensors), transparent conductive devices
Polyelectrolyte: drug delivery, tissue engineering
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Not-So-Ordinary Materials
Graphene Flexible
Transparent
Conductive
Harder than diamond
200x stronger than steel
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Not-So-Ordinary Materials
Chiplets (Xerox PARC) Grain of sand
Containing intelligent data
Microscopic electronic building blocks
Voxels 3D pixels
Any repeatable shape
Multiple materials per voxel
Loaded with active components
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IP Implications
Companies IP Philosophy Protectability IP infringement:
Types: PATENT, COPYRIGHT, TRADE SECRET, TM
Likelihood
Effectiveness of enforcement
Scale
Risk to IP system: LOW
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3D Printing Away From Control
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3DP Away from Control CES 2013 Anyone with a digital design:
Bypass traditional supply chain
Self-manufacture
Microsoft Kinect has been adapted for 3D scanning at home Good enough technology Why the experts are wrong
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3D Systems: Targeting Future Innovators
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3DP Away from Control
Makers Open design/mfg community
Collaborative innovation Accelerated innovation
Wikipedia is open/ Encyclopedia Britannica was closed Open 3DP: same potential
Open-source RepRap printer Self-replicating machine
20,000+
Think T3
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IP Implications
Major disruption of business models Infringement risk: HIGH
IP irrelevant (3 Is)
+ Unprotectable substitutes for IPd products
Bigger issue: disruption of markets Eliminates quasi-IP protection of economies of scale
Could reduce need for mass production
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Why 3DP Will Rock The IP World
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Scope of the Problem
Cuts across all IP Cuts across ALL technology and products Anyone can:
Recreate an existing product design
Manufacture
Distribute
AFC infringement will proliferate IP becomes less relevant
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Scope of the Away From Control Problem Will AFC 3DP cripple traditional manufacturers?
Think internet piracy in the music and movie industry
Will AFC 3DP crush copyright & design patents? Sculptures are easily duplicated
Toys can be made at home, designs can be shared P2P
Will AFC 3DP overwhelm patent owners? Checklist
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IP Holders v. Makers
IP owners at the barricades/history repeats itself: Music industry fought home taping
Movie industry fought the VCR
Internet decimated music industry
Internet + 3DP = . . . .
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Copyrights Away From Control Most 3D objects not
copyrightable
Infringement of any design as easy as downloading illegal music
Software and CAD files DMCA/DRM??? Scanning At odds with innovation & Makers
you are going to be thrilled with Corynne McSherrys talk on the legal rights of Makers and how to fight the copyright laws that are on the horizon
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Trademarks Away From Control Counterfeiting on steroids Exact copies of objects may bear a third party
trademark Inability to control quality
Traditional manufacturers may try to protect designs as:
Product configurations
Trade dress
Generic products may trump
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Utility Patents Away From Control May stress the patent system as the digital
revolution stressed the copyright system Small to large scale copying/printing of almost anything
will be possible
P2P filing sharing of CAD files
Enforcing patents will be challenging Crowdsourcing prior art
Algorithm Preissuance Submissions
Defendant assistance
3Is
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Design Patents
Design patent renaissance? A long-neglected tool
Automobile manufacturers: parts
Design-arounds may be easy
Same problems as utility patents
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The BIG Picture
Disruptive Game Changers:
Digital Revolution Early Apple ad: create dazzling color displays and
invent your own Pong games
Whats the Internet? Why would I need a Smart Phone?
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The BIG Picture
3DP Revolution Same questions
Much speculation
Elements falling into place
Economist 4/12: 3rd industrial revolution
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Checklist for the Revolution/IP Disruption
Industrial scale Large build platform
Speed or scale
Industrial or Home scale Hybrid materials
Ability to print complex structures
Micro scale printing
Hybrid machines
Innovators, especially . . .
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Checklist for the Revolution/IP Disruption
Industrial scale Large build platform
Speed or scale
Industrial or Home scale Hybrid materials
Ability to print complex structures
Micro scale printing
Hybrid machines
Innovators, especially . . .
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Checklist for the Revolution/IP Disruption
Industrial scale Large build platform
Speed or scale
Industrial or Home scale Hybrid materials Loughborough University HSS
Ability to print complex structures
Micro scale printing
Hybrid machines
Innovators, especially . . .
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Checklist for the Revolution/IP Disruption
Industrial scale Large build platform
Speed or scale
Industrial or Home scale Hybrid materials
Ability to print complex structures
Micro scale printing
Hybrid machines
Innovators, especially . . .
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Checklist for the Revolution/IP Disruption
Industrial scale Large build platform
Speed or scale
Industrial or Home scale Hybrid materials
Ability to print complex structures
Micro scale printing
Hybrid machines
Innovators, especially . . .
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Checklist for the Revolution/IP Disruption
Industrial scale Large build platform
Speed or scale
Industrial or Home scale Hybrid materials
Ability to print complex structures
Micro scale printing
Hybrid machines Vienna Institute of Technology
Innovators, especially . . .
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Checklist for the Revolution/IP Disruption
Industrial scale Large build platform
Speed or scale
Industrial or Home scale Hybrid materials
Ability to print complex structures
Micro scale printing
Hybrid machines
Innovators, especially . . .
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Checklist for the Revolution/IP Disruption
Industrial scale Large build platform
Speed or scale
Industrial or Home scale Hybrid materials
Ability to print complex structures
Micro scale printing
Hybrid machines
Innovators, especially kids
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Checklist For IP Disruption
One more thing:
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Checklist For IP Disruption
One more thing: Ability to do all of this away
from control
At home
Uncontrolled sources
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Checklist For IP Disruption
One more thing: Ability to do all of this away
from control
At home
Uncontrolled sources
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3D Printing Revolution
Tipping point 2011: 80K machines Businesses will change, adapt, vanish
Evolve or Die
New businesses will emerge Lines between manufacturer, retailer, and user will
blur
It IS happening quickly
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Big Issues for IP Is the existing IP regime up to the task? How can protection from infringement be balanced with the
ability to innovate?
Will IP survive, or are we headed for a worldwide open technology community?
Is IP fundamentally in conflict with the 3D world?
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Takeaways
Everything will change When you can make anything
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Takeaways
Everything will change When you can make anything
IP, its not dead yet!
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Thank you for your time! [email protected]
www.finnegan.com
Twitter @ JHornick3D1Stop
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Disclaimer These materials are public information and have been prepared solely for educational and entertainment purposes to contribute to the understanding of U.S. intellectual property law. These materials reflect only the personal views of the authors and are not a source of legal advice. It is understood that each case is fact specific, and that the appropriate solution in any case will vary. Therefore, these materials may or may not be relevant to any particular situation. Thus, the authors and Finnegan, Henderson, Farabow, Garrett & Dunner, LLP cannot be bound either philosophically or as representatives of their various present and future clients to the comments expressed in these materials. The presentation of these materials does not establish any form of attorney-client relationship with the authors or Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. While every attempt was made to ensure that these materials are accurate, errors or omissions may be contained therein, for which any liability is disclaimed.
3D Printing and the Future (or Demise) of Intellectual PropertyJohn HornickFirst, a DisclaimerKeep in Mind . . .Keep in MindWhy the Future (or Demise) of IP?Three ReasonsSome People Dont Like IPThe PlayersWhere is the IP in 3D Printing?Wheres Waldo?Wheres Waldo?Why 3DP May Change EverythingWhy It May Change Everything: MicroWhy It May Change Everything: MicroWhy It May Change Everything: MacroWhy It May Change Everything: MacroWhy Macro Change Will Disrupt IPChecklist For IP DisruptionChecklist For IP DisruptionChecklist For IP DisruptionChecklist For IP Disruption3DP Today3DP Today3DP Today3DP in Aerospace3DP in Aerospace3DP in Automotive3DP in Healthcare3DP in Healthcare3DP in Healthcare3DP in Healthcare3DP in Fashion (not just shoes)3DP of Complex StructuresIP ImplicationsIP ImplicationsIP ImplicationsIP ImplicationsIP ImplicationsIP ImplicationsIP ImplicationsIP ImplicationsIP ImplicationsMaterials: Golden AgeOrdinary MaterialsNot-So-Ordinary MaterialsNot-So-Ordinary MaterialsNot-So-Ordinary MaterialsNot-So-Ordinary MaterialsIP Implications3D Printing Away From Control3DP Away from Control3D Systems: Targeting Future Innovators3DP Away from ControlIP ImplicationsWhy 3DP Will Rock The IP WorldScope of the ProblemScope of the Away From Control ProblemIP Holders v. MakersCopyrights Away From ControlTrademarks Away From ControlUtility Patents Away From ControlDesign PatentsThe BIG PictureThe BIG PictureChecklist for the Revolution/IP DisruptionChecklist for the Revolution/IP DisruptionChecklist for the Revolution/IP DisruptionChecklist for the Revolution/IP DisruptionChecklist for the Revolution/IP DisruptionChecklist for the Revolution/IP DisruptionChecklist for the Revolution/IP DisruptionChecklist for the Revolution/IP DisruptionChecklist For IP DisruptionChecklist For IP DisruptionChecklist For IP Disruption3D Printing RevolutionBig Issues for IPTakeawaysTakeawaysSlide Number 80Disclaimer