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29 July 2020Gemma McGeough and Josh Miller

3D printing: a recipe for business success and increased IP management

A report, “ Patents and additive manufacturing – Trends in 3D printing technologies”, published by the  European Patent Office (EPO) on 13 July shows  a significant rise in the volume of additive manufacturing (AM) patent applications over the past decade. The UK has been revealed to be the second largest European contributor to AM innovation, accounting for 5% of all AM patent applications at the EPO.

The volume of AM patent applications filed by European businesses grew annually by an average of 36% during the period between 2015 and 2018. This is ten times more than all other applications filed at the EPO during the same period. Why is this the case?

One factor could be that a number of key 3D printing patents lapsed between 2010 and 2015, leading to an opening that generated more interest in this field of research and development (R&D). It is clear that AM has huge potential as an area of innovation, offering benefits to businesses in a range of industry sectors, including high-value manufacturers producing bespoke parts in limited numbers.

Benefits of 3D printing

In the housing and construction sector, research in 3D printing technology is often aimed at manufacturing “pre-fabricated” buildings quickly on location. The technology can also be used in disaster relief, providing swift construction of shelters where they are needed.

This new field of building technology has been aided by the development of a patented concrete formulation that includes plasticisers. This provides the flow of properties required for AM processes, but simultaneously it prevents shrinkage which can cause the concrete to crack when it dries.

3D printing technology has proved its worth during the COVID-19 pandemic, helping small and medium-sized manufacturers to avoid supply chain issues where traditional supply networks have been disrupted. The technology has also allowed companies to adapt and diversify their product offerings in response to emergency demands. Businesses have been able to respond to increased demand in a nimble way, eg, renting time in factories with 3D printing machines to create the right quantity of products, as and when they are needed.

One of the benefits of 3D printing technology is its speed at creating net-shape components, a process that aims for the initial fabrication of a component to be close in size and shape to the finished product.

During the lockdown restrictions, 3D printing manufacturers were able to pivot quickly, printing valves for ventilators and supporting the production of personal protective equipment for emergency use. This emphasis on speed-to-market will remain important during the recovery phase too, allowing manufacturers to produce prototypes and develop them more quickly towards a final product.

Protecting IP

Before bringing new 3D printing technologies to market, businesses should take care to ensure their IP is protected properly. During the EPO conference, “Shaping tomorrow: 3D printing and its impact on IP” on 13-16 July 2020, IP professionals flagged how important it is to seek advice when seeking commercial protection for a new 3D printing development.

In this fast-growing area of technology, it is essential that businesses ring-fence developments early, and secure their position amid an ever-increasing number of players.

3D printing is a relatively new technology and exists at an intersection of IP rights around patents, designs and copyright, each of which can be used to protect investments. It is important to consider how each right can be best used to protect developments from potential infringement and secure a strong market position.

Copying of designs and third-party hosting is a common problem for businesses which rely on AM, so enforcing their IP rights and staying alert to potential infringements is vital to prevent lost revenue. The growing interest in the development of 3D printing technologies is positive news for manufacturers in the UK and Europe. For innovative companies operating in this fast-paced field of R&D, securing the right commercial protection at the right time could give them a competitive edge.

Gemma McGeough is a patent attorney at Withers & Rogers. She can be contacted at: gmcgeough@withersrogers.com

Josh Miller is a trainee patent attorney in the advanced engineering group at Withers & Rogers. He can be contacted at: JMiller@withersrogers.com

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Copyright
23 October 2015   If 3D printing begins to make real inroads into traditional product markets, then IP owners and law makers will need to work out how to address the potential pitfalls, says Matt Hervey of Wragge Lawrence Graham & Co.
Trademarks
17 May 2018   With the rise of 3D printing, does the present scope of a trademark right protect a proprietor if and when it becomes more common among consumers to print various goods at home? Max Oker-Blom of ECTA reports.