Intellectual Property and Regulation
Edited by Dinusha Mendis, Mark Lemley and Matthew Rimmer
Chapter 10: Remedies for digital patent infringement: a perspective from the USA
With the rapid advancement of additive manufacturing technologies, colloquially known as 3D printing, current US patent law will encounter a new set of challenges that it is inadequately equipped to resolve. Unlike copyright owners, patent owners lack robust protection for computer-aided design (CAD) files, which facilitate the 3D printing of an object, because of the dispersed nature of infringement and the knowledge requirements for indirect patent infringement. One potential solution is allowing liability for selling or offering to sell the CAD file itself. If one embraces this or other forms of digital patent infringement, then the appropriate remedy becomes important. This chapter addresses how US patent law would address issues of injunctive relief and compensatory damages in the context of digital patent infringement.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.