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Emerging Legal Issues in 3D Printing and Product Liability
3D printing, sometimes known as additive manufacturing, allows for objects of all shapes and sizes to be created by applying different materials ' such as plastics, resins or metals ' in successive layers. The technology can be used to create trinkets, jewelry, and other small objects and novelties, but it can also be used to create more complex and sophisticated products, including medical devices and even firearms.
The technology has been developing quickly, and 3D printers that were once prohibitively expensive are now becoming available at price points that suggest the technology will soon become accessible to many consumers. In 2012, President Obama launched the National Additive Manufacturing Innovation Institute to develop 3D printing technologies and products. Businesses, from start-ups to giants like Hewlett-Packard, are among those now getting in on the action.
As with any advance in technology, 3D printing gives rise to myriad legal issues. How, for example, will intellectual property rights be enforced if anyone with a 3D printer can create replicas of objects, such as sculptures and patented devices? Do the fruits of 3D printing comply, or not comply, with current regulatory regimes? For example, do 3D-printed guns run afoul of U.S. federal law that prohibits firearms that are not detectable by “walk-through metal detectors”? See 18 U.S.C. ' 922(p)(1). And who will be held liable if objects created through the use of 3D printing technology, and distributed to consumers and other users, turn out to be defective and unreasonably dangerous?
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