When it comes to 3D scanning and printing, you may wonder if patenting and copyright play a part in the data you derive and the prints you produce. It’s important to keep in mind the implications of intellectual property in 3D scanning and printing, regardless of which industry you are in and to what end you are using this technology. Here, we provide a basic overview.
The Difference Between Copyright and Patents
It’s easy to confuse the terms “copyright” and “patent.” However, there is a significant difference between the two. Firstly, copyright covers creative works, such as a piece of literature or music. This piece of work does not have to be new to society. Creators do not have to apply for their work to be covered under copyright; it is automatically extended. Copyright lasts for the creator’s lifetime plus an additional 70 years. With copyright, a creator can authorize others to use, make, and sell their work.
On the other hand, a creator must apply to receive a patent, and the work they are covering (typically an invention) must be new to society. A patent lasts for 20 years, and the creator/inventor must prove any damages caused by infringement. Another key difference is that with a patent, the creator/inventor has the sole right to use, make, and sell their invention.
Where Does Scan Data Fall Under This?
Now, you may wonder where scan data falls under copyright protection and patenting. Rightly, you may have figured out that 3D scanning and printing are not new to society. As such, scan data is unlikely to be eligible for a patent. However you may think: what about copyright?
In most cases, the short answer is no – your scan data is not subject to copyright. Unlike a piece of music, which is creative work, scan data is simply a record. Yes, musical files are also records, but they are records of creative work. On the other hand, 3D scan data is simply a record of an object, such as a building.
Talk to us about intellectual property in 3D scanning
Today, with the transition of data from physical to digital and vice versa, it can be confusing to figure out how to protect your intellectual property and whether or not your scan data is even identified as such. We’ve been through the ins and outs of protecting designs and products. For more information about intellectual property in 3D scanning and printing, feel free to check out our FAQs or contact us!
