3D printing has become more and more accessible for a variety of different industries, and now, sometime this summer, the U.S. Court of Appeals for the Federal Circuit will decide whether 3D digital models can be patented. It is a particularly tricky legal issue because the circuit’s discussion centers around the computer files of the 3D-printable models, rather than the finished printed models themselves. The case involves Align Technology, a company that owns several patents relating to methods to produce orthodontic teeth aligners, including those for Invisalign, which is an alternative to metal braces. Align uses 3D printers to produce many of its teeth aligners, and it owns a patent on the process of producing those aligners using digital models of patients’ teeth.

Align alleges that another company, ClearCorrect, has tried to sidestep its patent. ClearCorrect sends digital models of patients’ teeth to a Pakistan company, which in turn sends back 3D-printable models of the teeth aligners that will fit the patients’ mouths. ClearCorrect then prints the aligners. Align alleges that this violates intellectual property law governing the importation of patented articles. The U.S. International Trade Commission agreed with Align, and ClearCorrect appealed to the Federal Circuit.

Several commentators have argued that if the Federal Circuit affirms the ITC’s decision, it could have a far-reaching impact within patent law and the increasingly important world of 3D printing. People who print out 3D objects based on a third party’s digital model could themselves be considered patent infringers, and companies would likely seek patents of digital models of important product components. On the other hand, the Federal Circuit could avoid complicating this area of the law and simply rule that digital models are not tangible and are, therefore, essentially unpatentable.

Sources: http://3dprint.com/104501/federal-court-3d-model-patent/?utm_content=bufferfd4ae&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer http://www.finnegan.com/resources/articles/articlesdetail.aspx?news=a381724f-e61f-4b3f-a627-bdccada8160b http://www.forbes.com/sites/danielfisher/2015/08/25/false-teeth-why-an-itc-case-wont-chew-up-the-internet/

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