3D printing has been around since the early 1980s, but over the last several years has gained widespread attention as costs have dropped and access to the technology has grown. While it is possible to surmise what areas of law may be most implicated by broad adoption of 3D printing, one can only guess how their application might shape the future of manufacturing.
2. A
Problem
of
Enforceability
While patent, trademark and trade secrets laws could prohibit many uses of 3D printers, the lack of any foreseeable way to
identify and enforce these infringements may render intellectual property protection futile. The almost undetectable nature of
home printing would make enforcement extremely difficult. As with music file sharing cases of the early 2000s, manufacturers will
likely have to target websites that are distributing 3D printing instructions, rather than the individuals doing the printing
themselves.
Consumer
Safety
3D
Printed
Firearms
Consumer safety related to homemade products represents the other major concern likely to shape laws and regulations. The
most obvious concern is the 3D printed firearm, which would allow gun owners to circumvent numerous gun laws – such as
background checks – and to potentially print all plastic guns incapable of detection at airports and other security checkpoints.
With no 3D printing regulations on the books, Senator Chuck Schumer (D-NY) has sought to leverage an old gun law – The
Undetectable Firearms Act – as a stopgap measure to prohibit home manufacture of plastic guns that could skirt metal
detectors. Senator Schumer, along with Senator Ben Nelson (D-NE), intends to renew the Act this term, though the law only
provides punitive measures for individuals caught with a weapon, and does not include provisions to limit the spread of
undetectable guns.
Home
Appliances
&
Other
Products
Guns may not be the only printable product that should worry regulators. Consumer protection regulations were drafted with
major manufacturers in mind. How is the FTC to adapt its policies and practices to protect an individual who 3D prints his own
toaster? Or how should the Department of Transportation respond to an automobile accident caused by someone’s 3D printed
brake pads?
Ultimately legislators, government agencies and courts will be required to tease out the rules around 3D printing, both from an
intellectual property and a consumer safety perspective. Both businesses and consumers should stay tuned as the impacts of
these decisions will have considerable repercussions on the future of our laws and our economy.
For
more
informa5on
or
guidance
on
complying
with
relevant
laws
applying
to
3D
prin5ng
or
just
to
chat,
contact
an
aBorney
at
Gagnier
Margossian
LLP.
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