Preprint Review Version 1 Preserved in Portico This version is not peer-reviewed

Patent Parasites: Non-Inventors Patenting Existing Open-Source Inventions in the 3-D Printing Technology Space

Version 1 : Received: 28 July 2023 / Approved: 31 July 2023 / Online: 31 July 2023 (10:51:27 CEST)

A peer-reviewed article of this Preprint also exists.

Kulkarni, A.; Pearce, J.M. Patent Parasites: Non-Inventors Patenting Existing Open-Source Inventions in the 3-D Printing Technology Space. Inventions 2023, 8, 141. Kulkarni, A.; Pearce, J.M. Patent Parasites: Non-Inventors Patenting Existing Open-Source Inventions in the 3-D Printing Technology Space. Inventions 2023, 8, 141.

Abstract

Open-source 3-D printing has played a pivotal role in revolutionizing the additive manufacturing (AM) landscape, by making distributed manufacturing economic, democratizing access, and fostering far more rapid innovation than antiquated proprietary systems. Unfortunately, some 3-D printing manufacturing companies began deviating from open-source principles and violating licenses for the detriment of the community. To determine if a pattern has emerged of companies patenting clearly open-source innovations, this study presents three case studies from the three primary regions of open-source 3-D printing development (EU, U.S. and China) as well as three aspects of 3-D printing technology (AM materials, an open-source 3-D printer, and core open-source 3-D printing concepts used in most 3-D printers). The results of this review have shown that non-inventing entities called patent parasites are patenting open-source inventions already well-established in the open source community and in the most egregious cases commercialized by one (or several) firms at the time of the patent filing. Patent parasites are able to patent open-source innovations by using a different language, vague patent titles and broad claims that encompass enormous swaths of widely diffused open-source innovation space. This practice poses a severe threat to innovation and several approaches to irradicate the threat are discussed.

Keywords

3-D printing; additive manufacturing; innovation; intellectual monopoly; intellectual property; open innovation; open hardware; open source; patent; RepRap

Subject

Engineering, Industrial and Manufacturing Engineering

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