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Inside3DPrinting_JohnHornick Inside3DPrinting_JohnHornick Presentation Transcript

  • 3D Printing and the Future (or Demise) of Intellectual Property John Hornick July 2013
  • 2 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
  • Keep in Mind . . .
  • 4 Keep in Mind Tipping into the mainstream Everything will change –When you can make anything Think about the implications
  • Why the Future (or Demise) of IP?
  • 6 Three Reasons  Democratization of manufacturing  Open collaboration movement
  • 7 Some People Don’t 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.”
  • 8 The Players 8 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 8
  • Where is the IP in 3D Printing?
  • 10 Where’s 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
  • 11 Where’s 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
  • Why 3DP May Change Everything
  • 13 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)
  • 14 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)
  • 15 Why It May Change Everything: Macro  Facially inconsistent effects – Manufacturing Renaissance in countries with  Strong intellectual capital  But high manufacturing costs – Repatriation of jobs  No advantage in offshoring
  • 16 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
  • 17 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 . . .
  • 18 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 . . .
  • 19 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)
  • 20 Checklist For IP Disruption  One more thing:
  • 21 Checklist For IP Disruption  One more thing: – Ability to do all of this away from control  At home  Uncontrolled sources
  • 3DP Today
  • 23 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
  • 24 3DP Today  Manufacturing: growing rapidly  ½ of all machines sold  Hot areas: – Aerospace – Automotive – Healthcare – Fashion – Complex structures
  • 25 3DP in Aerospace  Boeing  Airbus: wing brackets  North Western Polytechnical U (China): titanium wing spar
  • 26 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
  • 27 3DP in Automotive  Ford (and others)  BMW  3 Cool Cars
  • 28 3DP in Healthcare  3D implants: perfectly match a patient’s 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 man’s skull replaced with a custom-made implant (Oxford Performance Materials)
  • 29 3DP in Healthcare  Proof of concept customizable artificial heart
  • 30 3DP in Healthcare  Proof of concept customizable artificial heart
  • 31 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)
  • 32 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”
  • 33 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
  • 34 IP Implications  Companies’ IP Philosophy  Protectability  IP infringement: – Types – Likelihood – Effectiveness of enforcement – Scale  Risk to IP system: – Aerospace/Healthcare vs. Automotive/Fashion
  • 35 IP Implications  Companies’ IP Philosophy  Protectability  IP infringement: – Types – Likelihood – Effectiveness of enforcement – Scale  Risk to IP system: – Aerospace/Healthcare vs. Automotive/Fashion
  • 36 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
  • 37 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
  • 38 IP Implications  Companies’ IP Philosophy  Protectability  IP infringement: – Types – Likelihood – Effectiveness of enforcement – Scale  Risk to IP system: – Aerospace/Healthcare vs. Automotive/Fashion
  • 39 IP Implications  Companies’ IP Philosophy  Protectability  IP infringement: – Types – Likelihood – Effectiveness of enforcement – Scale  Risk to IP system: – Aerospace/Healthcare vs. Automotive/Fashion
  • 40 IP Implications  Companies’ IP Philosophy  Protectability  IP infringement: – Types – Likelihood – Effectiveness of enforcement – Scale  Risk to IP system: – Aerospace/Healthcare vs. Automotive/Fashion
  • 41 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
  • 42 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
  • Materials: Golden Age
  • 44 Ordinary Materials  Mostly plastics (ABS, PLA)  A growing range of printable materials: – Metals – Ceramics – Food – Glass – Wood
  • 45 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: thin film transistor  U of Warwick: Carbomorph – Conductive plastic – “functioning electronic device”
  • 46 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
  • 47 Not-So-Ordinary Materials  Graphene – Flexible – Transparent – Conductive – Harder than diamond – Stronger than steel
  • 48 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
  • 49 IP Implications  Companies’ IP Philosophy  Protectability  IP infringement: – Types: PATENT, COPYRIGHT, TRADE SECRET, TM – Likelihood – Effectiveness of enforcement – Scale  Risk to IP system: – LOW
  • 3D Printing Away From Control
  • 51 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
  • 52 3D Systems: Targeting Future Innovators
  • 53 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”
  • 54 IP Implications  Major disruption of business models – Infringement risk: HIGH – IP irrelevant (3 Is) – + Unprotectable substitutes for IP’d products  Bigger issue: disruption of markets – Eliminates quasi-IP protection of economies of scale – Could reduce need for mass production
  • Why 3DP Will Rock The IP World
  • 56 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
  • 57 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
  • 58 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 = . . . .
  • 59 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???  At odds with innovation & Makers “you are going to be thrilled with Corynne McSherry’s talk on the legal rights of Makers and how to fight the copyright laws that are on the horizon”
  • 60 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
  • 61 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
  • 62 Design Patents  Design patent renaissance? – A long-neglected tool – Automobile manufacturers: parts – Design-arounds may be easy  Same problems as utility patents
  • 63 The BIG Picture  Disruptive Game Changers: – Digital Revolution  Early Apple ad: “create dazzling color displays” and “invent your own Pong games”  What’s the Internet?  Why would I need a Smart Phone?
  • 64 The BIG Picture  3DP Revolution – Same questions – Much speculation – Elements falling into place Economist 4/12: “3rd industrial revolution”
  • 65 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 . . .
  • 66 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 . . .
  • 67 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 . . .
  • 68 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 . . .
  • 69 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 . . .
  • 70 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 . . .
  • 71 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 . . .
  • 72 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
  • 73 Checklist For IP Disruption  One more thing:
  • 74 Checklist For IP Disruption  One more thing: – Ability to do all of this away from control  At home  Uncontrolled sources
  • 75 Checklist For IP Disruption  One more thing: – Ability to do all of this away from control  At home  Uncontrolled sources
  • 76 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
  • 77 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?
  • 78 Takeaways Everything will change –When you can make anything
  • 79 Takeaways Everything will change –When you can make anything IP, it’s not dead yet!
  • 80 Thank you for your time! john.hornick@finnegan.com www.finnegan.com Twitter @ JHornick3D1Stop
  • 81 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.