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The Patents That Threaten 3-D Printing

An anonymous reader writes "We've watched patents slow down the smartphone and tablet markets. We've seen patent claims thrown against Linux, Android, and countless other software projects. Now, as 3-D printing becomes more capable and more affordable, it seems a number of patents threaten to do the same to the hobbyist and tinkerer crowd. Wired has highlighted some of the most dangerous ones, including: a patent on soluble print materials that support a structure while it's being printed; a ridiculously broad patent on distributed rapid prototyping, which could affect "every 3-D printing service that has launched in the past few years"; and an 18-year-old patent on 3-D printing using a powder and a binding material, held by MIT."

39 of 134 comments (clear)

  1. That is what they're for... by Anonymous Coward · · Score: 5, Funny

    This comes up every now and then, and it honestly looks like the majority of 3d printing patents are legitimate, original inventions that the owners created.

    Take the "soluble print materials that support a structure whie it's being printed"; that's genius, I would never have come up with that.

    1. Re:That is what they're for... by Kupfernigk · · Score: 5, Insightful
      In the manufacture of Diesel engine pistons, which are cast, a soluble ring of high melting point salts has long been used to form the internal oil gallery. And I am sure that this technique did not originate with pistons. The problem is that the patent office now allows inventions to be "something A which already exists + something B which already exists", without any actual inventive step.

      As an example, I am a little sorry for Trevor Bayliss who never really made any money out of his wind up radio, but given hand cranked magneto telephones had been around for many years, the idea of a hand cranked magneto radio set really should not be patentable. It is just another communications device with a hand charger.

      --
      From scarped cliff or quarried stone she cries "A thousand types are gone, I care for nothing, no not one."
    2. Re:That is what they're for... by RabidReindeer · · Score: 2

      This comes up every now and then, and it honestly looks like the majority of 3d printing patents are legitimate, original inventions that the owners created.

      Take the "soluble print materials that support a structure whie it's being printed"; that's genius, I would never have come up with that.

      I've got an idea! Why not make a wax support structure and MELT it! (http://en.wikipedia.org/wiki/Lost-wax_casting)

    3. Re:That is what they're for... by Dr_Barnowl · · Score: 2, Informative

      His real breakthrough was the constant-force spring mechanism for the clockwork. Which was genuinely innovative, but became obsolete, because it replaced the impractical "dynamos charging crap batteries" approach, and then it was replaced in turn by the practical "dynamo charging good batteries". Because a dynamo charging batteries is obviously not novel, this approach probably shouldn't be patentable (although possibly someone has a patent for "dynamo charging batteries, only with batteries that aren't crap").

      He didn't make any further money from the company that sold his clockwork radios because he sold his stock - the clockwork models haven't been in production since 2000, so no licensing fees.

    4. Re:That is what they're for... by samkass · · Score: 3, Interesting

      In the manufacture of Diesel engine pistons, which are cast, a soluble ring of high melting point salts has long been used to form the internal oil gallery. And I am sure that this technique did not originate with pistons. The problem is that the patent office now allows inventions to be "something A which already exists + something B which already exists", without any actual inventive step.

      As an example, I am a little sorry for Trevor Bayliss who never really made any money out of his wind up radio, but given hand cranked magneto telephones had been around for many years, the idea of a hand cranked magneto radio set really should not be patentable. It is just another communications device with a hand charger.

      In that case it's solving a different problem. The problem with 3D printing is that in most methods it's put down layer by layer. Thus, any "stalactites" are impossible to build without putting a support under them. There are a variety of ways to solve this; they are using a particular dissolvable-yet-printable material to solve it. Would it be immediately obvious to you which material to pick that can be deposited by a 3D printer and be structurally sound yet dissolved away?

      There is a lot of solid invention that's been done over the last dozen years in the field. Ever seen InvisAlign, the invisible plastic braces? They've done all their molds with 3D Systems' stereolithography machines since 1999 and also have a bunch of patents on 3D printing mass-production/mass-customization. They spent millions developing ways to produce tens of thousands of unique, precise pieces of plastic a day, and have had issues with competitors trying to cut out all the R&D costs and undersell them.

      --
      E pluribus unum
    5. Re:That is what they're for... by IndustrialComplex · · Score: 2

      Would it be immediately obvious to you which material to pick that can be deposited by a 3D printer and be structurally sound yet dissolved away?

      Then why isn't the patent for that material, instead of the concept of soluble material?

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    6. Re:That is what they're for... by devjoe · · Score: 3, Informative

      This comes up every now and then, and it honestly looks like the majority of 3d printing patents are legitimate, original inventions that the owners created.

      Take the "soluble print materials that support a structure whie it's being printed"; that's genius, I would never have come up with that.

      I agree that the soluble print materials one is quite likely valid, a patent on an ingenious choice of materials that makes 3-D printing possible. This is an innovative field, and this patent is old enough to possibly be able to legitimately claim to have invented this idea and not be invalidated by prior art.

      However, the patent linked in the summary on distributed rapid prototyping does not appear to have been granted, only filed (almost 6 years ago), and no doubt is having some trouble getting accepted due to broadness, prior art, and other considerations. This patent does not even appear to cover any specific 3-D printing method, but just the general process of setting up a service to produce 3-D models, and as such, should be invalidated due to being an obvious adaptation of services for conventional (2-D) printing into a new market for 3-D printing given the availability of 3-D printers.

      The MIT patent is expired. It is more than 17 years since issue and more than 20 years since filing. The article says this one is "on the brink of expiration" so I assume it was written sometime last year when the patent was still valid. But it was very likely valid until it expired, and another innovation that helped establish the field.

      The article contains some other possibly valid patents, e.g., the smoothing one (if there is not prior art), the temperature control one from 2004, and possibly the filament coil one if their methods for keeping the filament feed smooth and/or automatically switching spools are really original. The summary just chose (2 out of 3) bad examples out of the article which stretched a bit to make a "top 10" list.

  2. Re:How have patents helped the world lately? by FluffyWithTeeth · · Score: 2, Informative

    They're not about helping the world. They're about protecting the rights of inventors, rather than having large companies steal their work and reproduce it in a manner they can't compete with.

  3. Let's not confuse patent applications with patents by Anonymous Coward · · Score: 4, Interesting

    The wired article also admits as much (before drumming up the hysteria).

    If you dig into PAIR on the broad patent for all 3D printing done over the web, for example (http://portal.uspto.gov/pair/PublicPair, search for application 11/818,521 and go to "image file wrapper) the examiner and prospective patenter are engaged in a pretty intense fight over the obviousness of the application.

  4. Re:How have patents helped the world lately? by Anonymous Coward · · Score: 5, Informative

    "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries."

  5. Re:How have patents helped the world lately? by shentino · · Score: 4, Insightful

    That would be better than the present state of affairs where patents are used to force monopolies on the market and the small inventors get screwed over anyway by getting bullied out of the courtroom with superior legal budgets.

    The small guy will get fucked over anyway, may as well make it so that the big evil corporations don't get all the windfall.

  6. Re:How have patents helped the world lately? by Anonymous Coward · · Score: 3, Insightful

    Bullshit. They're about protecting the rights of large companies, rather than having inventors steal their work and reproduce it in a manner they can't compete with.

  7. Not all that bad by LMariachi · · Score: 4, Interesting

    The distributed rapid prototyping one is absurdly broad and pretty obvious, but it's worth noting that it is still pending. The soluble materials one covers specific formulations, not the general concept of a "lost armature." Makerbot, on the other hand, appears to have successfully patented the conveyor belt.

  8. Re:How have patents helped the world lately? by MtHuurne · · Score: 2

    What rights would that be? The patents themselves are the rights...

  9. World dev. shifting to Asia due to patent lawyers? by fantomas · · Score: 4, Insightful

    Lawyers do seem to be crushing innovation in the USA. Do you think it's possible that innovation and the world's lead in technical developments will shift to places where inventors/creators/small start ups are less inhibited by patent /copyright etc laws, and new products get pushed out without so much risk of being crushed by established old organisations? I'm wondering if places where legal frameworks aren't so closely adhered to will take the lead in the near future and be tolerated by their national governments as a way of increasing their share of the world economy?

  10. Re:How have patents helped the world lately? by FluffyWithTeeth · · Score: 2

    "why bother doing it if someone will steal your work"

  11. Nature has prior art by dataxtream · · Score: 2

    Can you patent a natural process? Swifts have been 3D printing for millennia (birds nest (soup)). Ditto Snails (shells), Bees (hives). Prior Art is all around us.

    1. Re:Nature has prior art by famebait · · Score: 2

      They don't build machines to do it.
      You could build stuff that way yourself too, manually using a hot glue gun or an icing bag or whatever (I won't get into the more literal or imaginative emulations) and it would probably not be patentable, and certainly not covered by current 3D printing patents.

      --
      sudo ergo sum
    2. Re:Nature has prior art by moderatorrater · · Score: 2

      That's cute. Companies have been patenting genes for a while now, ones found in the wild without any modification by the company. If that doesn't count as prior art, I don't see how nests or hives would.

  12. Re:How have patents helped the world lately? by ikaruga · · Score: 4, Insightful

    Back in the late 19th/early 20th century patents still made some sense as most devices were pretty much single purpose. But nowadays, when the trend is to make everything do everything and there is this fusion of all types of technologies going on, this classical patent system is completely inappropriate. Depending on the field you're working, it's an inhuman task to even keep track of all patents you're infringing.
    The physical/chemical 3D print methods mentioned in the article are just the tip of the iceberg. If you start nitpicking, I wouldn't be surprised by the potential huge number of both software/firmware and electromechanical/mechatronics/robotics hardware patents they break.
    The worst thing is that 3d printers are just highly specialized robots. Imagine in a few years when semi-general purpose robots start becoming common appliances, as healthcare, entertainment, maintenance or security tools. Robotics is known as the field of engineering that joins all other fields and because of that, even a basic cleaning robot will infringe pretty much every type of patent in the world. I think like the moment robot companies like iRobot or Cyberdyne release a killer consumer product they will pretty much be sued in oblivion by all other companies.

  13. Patents don't affect hobbyists by Anonymous Coward · · Score: 2, Informative

    Patents are only applicable if you intend to commercialize the machine/invention. i.e. they regulate business only.
    For other purposes patents are free to use. You can build literally every invention in the patent office without permission.

    1. Re:Patents don't affect hobbyists by Anonymous Coward · · Score: 2, Informative

      True. E.g. in the UK, PA77 Section 60(5)a:

      (5) An act which, apart from this subsection, would constitute an infringement of a patent for an invention shall not do so if -
              (a) it is done privately and for purposes which are not commercial;

      http://ukpatents.wikispaces.com/Section+60

    2. Re:Patents don't affect hobbyists by dkf · · Score: 2

      The owner of the patent if I remember correctly was suing a nonprofit.

      "Nonprofit" just refers to what happens to the profits and how ownership is arranged, not to the sort of business that is being conducted.

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
  14. Re:How have patents helped the world lately? by Anonymous Coward · · Score: 2, Insightful

    They were invented to protect the rights of the inventors. But were legislated to promote innovation and economic growth.

    With companies holding their money offshore, outsourcing production and suing into submission their competition or anyone contesting their right to use those inventions, I'd say patents law failed on all fronts.

    A month ago, there was an interesting story, about a pharma corp with wonder drug and expiring patent. Funny thing, the drug is so complex, even with the competition knowing how to make the drug, they'll still hold the monopoly. Actually, not that funny, because I'm one of those that would appreciate that certain drug at a more affordable price.

  15. Wasn't this said of Japan in the 50s and 60s? by fantomas · · Score: 5, Informative

    "No, because China only copies others..... There just won't be much innovation."

    Wasn't this the claim made about Japan in USA and Europe in the 1950s and 1960s? that they just produced inferior copies of Western goods and competed by selling poorer quality copies at cheaper prices? e.g. in the camera and automotive industries?

    The counter argument was that they learnt production methods and began to understand the desires of the USA/European market and then went on to improve quality and offer innovations, while Western companies were complacent and said "we know what our people want, we'll continue to make the same kind of autos / cameras etc.". I'd be interested in opinions from Detroit for example ("Motor City").

    1. Re:Wasn't this said of Japan in the 50s and 60s? by Anonymous Coward · · Score: 2, Interesting

      China is already innovating and developing on its own, anyone still claiming otherwise is wrong. A article on slashdot was about chinees researching finding something interesting a while back. Completely forgot what it was about though.

    2. Re:Wasn't this said of Japan in the 50s and 60s? by malkavian · · Score: 5, Interesting

      That was exactly what was said of the US about a century or so ago. It was notorious for not following copyright, or any other form of IP protection, and spawned many a copy of works. Then when it had become established and used its own internal knowledge to create new variants, it used foreign legal systems to prevent the idea being used there, and thus stay ahead.
      It worked for the US. It worked for Japan. It's a proven strategy that'll work for China too.. Last time I was there, I saw what looked like a sizeable town being built in the rural backroads.. I was informed it was a new university campus being built, and that it was far from the only one.
      China understands that the way to growth and development is education and work combined. They're slowly insourcing all the key components to let it succeed. When they have the R&D, the specialists and the production all done locally, that's when the MBAs will suddenly wake up and realise that the really simple thing to insource is the management.

  16. Re:How have patents helped the world lately? by mrbester · · Score: 4, Funny

    Cyberdyne are due to make a consumer killer product real soon now...

    --
    "Wait. Something's happening. It's opening up! My God, it's full of apricots!"
  17. Re:World dev. shifting to Asia due to patent lawye by Anonymous Coward · · Score: 2, Interesting

    Good grief, do you even know what the word "only" means?

    A correct usage of the term is: You only know about China from reading about how they've copied others.

    But how much American innovation is in fact done by Chinese immigrants?

    When one thing changes, other things change. China has about four times the capacity to innovate than the US does. It just finds it more profitable to perform that innovation in the US. For now.

  18. End the "Idea" Patents by Kilo+Kilo · · Score: 3, Insightful

    Having just submitted my first provisional patent, one for an actual, physical device, these patents for "vague ideas of doing something" look more and more absurd every day. If you don't know how to do something, then you really haven't invented anything. I've got this idea of a car that runs on rainbows and happy thoughts. Here's a poorly drawn picture of a rainbow and a smiling person sitting in the car and the car is moving.

  19. It's like mig-welding something from nothing.... by Slugster · · Score: 3, Interesting

    I recall reading that bulldozer wheels were rebuilt by wire-welding at least as far back as the 1960's.

    As a (steel-track) bulldozer gets used, the dirt between the wheels and tracks causes the wheels to wear down and decrease in diameter. To fix the problem, there are automatic machines that slowly rotate the wheel while running a wire-feed welder back and forth across the worn-down surface. When the wheel's outer diameter has reached a point where it is slightly larger than necessary, the wheel is removed and machined back down to the proper diameter again.

    Seems a hassle but apparently it is a lot cheaper than making a whole new wheel.

  20. Normally a patent supporter but...... by Grayhand · · Score: 3, Informative

    The problem is companies are more and more using broad range patents to control whole industries. That is NOT how patents are meant to be used. I don't want to see a limiting so much as a modification and redirection. Notice many of these patents are from the 90s and even 80s or before. Some of them are not based on a product so much as an antiscipation of a need to they file an offensive/defensive patent then they wait until alot of major companies are using the process and rack up big profits then they sue. Two simple cures, if they really do have a product give them three years to develop it so most of these troll patents would have expired. I'm talking patents on methods and other broad range patents like gestures and such. Also force them to file within 12 months of a competing product being release. That would kill off these massive lawsuits for 5 to 10 years of infringement before they even filed. Better yet force them to file a cease and desist and give the company 6 to 12 months to stop infringing then if the company fails to comply they can sue to day one. I'm guessing the vast majority of companies had no idea they were infringing and most would make the needed changes to avoid the lawsuit. The current system encourages greed by allowing the patent holder to wait years before filing against a company. This actually prevents the company from stopping the infringement since they aren't made aware of the problem. The system doesn't need to be scrapped it needs to be fixed and reasonable rules and limitations brought in.

    1. Re:Normally a patent supporter but...... by Theaetetus · · Score: 2

      The current system encourages greed by allowing the patent holder to wait years before filing against a company. This actually prevents the company from stopping the infringement since they aren't made aware of the problem. The system doesn't need to be scrapped it needs to be fixed and reasonable rules and limitations brought in.

      The current system has already fixed this. It's called the Laches doctrine. You can't sit, knowing that there's an infringer, and wait for years before every contacting them or filing suit, or else equity will prevent you from going after them.
      The other part of this, submarine patents, were done away with in an amendment in 2000 that requires all applications to be published, and expire 20 years from the priority date. No more filing secret continuations for decades to stretch out a 17-year-from-grant term.

  21. Re:How have patents helped the world lately? by Dr_Barnowl · · Score: 5, Insightful

    "Oh shit, a large company will just steal it anyway and use their huge legal fund to squash me into the dirt. I guess I'd better just go french kiss a shotgun."

    This is probably among the reasons why software has seen so much more innovation from little guys than physical engineering has recently, and not just any software, software as a service (e.g. social networks, search engines). What really matters in that space is getting into the market early and impressing people. The serious R&D in that space is mostly about scaling the service and not producing a product - so you CAN keep it a trade secret, because it's stuck behind your firewall and not in the hands of your competitors for a few dollars.

  22. That MIT patent has expired. by L.+J.+Beauregard · · Score: 2

    It's been both 20 years from filing and 17 years from grant.

    --
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  23. Re:Summary starts with false premise by wbr1 · · Score: 2

    My point was they may slow down innovation, but not the markets. It is the markets that drive companies so without market or government pressure the status quo remains.

    --
    Silence is a state of mime.
  24. Re:How have patents helped the world lately? by JDG1980 · · Score: 3, Insightful

    "why bother doing it if someone will steal your work"

    The history of the IT field pretty much disproves that. Everyone borrowed from everyone else, and most developers never even bothered to file for patents. Would it really have been better for the IT industry if no one except Dan Bricklin had been able to produce a spreadsheet program until 1999?

  25. Re:How have patents helped the world lately? by Conspiracy_Of_Doves · · Score: 2

    And yet they are being stolen anyway, and the small inventor still can't compete because the large company can afford better lawyers.

  26. Re:How have patents helped the world lately? by fustakrakich · · Score: 2

    Where the hell did you get THAT idea?!

    --
    “He’s not deformed, he’s just drunk!”