Additive Manufacturing and Health and Medical Innovations – Digital Files Patentable Subject Matter?
Hirvi, Heidi (2024)
Lapin yliopisto
2024
Julkaisun pysyvä osoite on
https://urn.fi/URN:NBN:fi-fe20241214102678
https://urn.fi/URN:NBN:fi-fe20241214102678
Tiivistelmä
This doctrinal legal research examines does the current legal framework of European patent law provide protection for digital files that are used in digital additive manufacturing (AM) process chain. The research analyses the patentability of subject matter of health and medical innovations in AM under European patent law from two technological perspectives: computer science and biotechnology.
Firstly, the legal analysis focuses on what is considered to be patent eligible subject matter in regard to digital files in AM process because digital AM process involves the use of multiple different digital data formats. Secondly, legal analysis is conducted from the perspective of biotechnology because certain subject matter of bioprinting, which is a particular application area of AM in health and medical innovation, may challenge the European patent system due to being subject matter that is specifically excluded from patentability.
As a conclusion, the current European patent system provides some protection for digital files in digital AM process for health and medical innovations when claimed as computer-implemented inventions; however the most valuable digital files face patent eligibility obstacles. In addition, certain subject matters of bioprinting are likely to be excluded from patent protection due to not being inventions or due to public policy and morality concerns. Therefore, alternative legal instruments outside of European patent law for additional protection of digital intellectual property for AM innovations in health and medical industry need to be considered.
Firstly, the legal analysis focuses on what is considered to be patent eligible subject matter in regard to digital files in AM process because digital AM process involves the use of multiple different digital data formats. Secondly, legal analysis is conducted from the perspective of biotechnology because certain subject matter of bioprinting, which is a particular application area of AM in health and medical innovation, may challenge the European patent system due to being subject matter that is specifically excluded from patentability.
As a conclusion, the current European patent system provides some protection for digital files in digital AM process for health and medical innovations when claimed as computer-implemented inventions; however the most valuable digital files face patent eligibility obstacles. In addition, certain subject matters of bioprinting are likely to be excluded from patent protection due to not being inventions or due to public policy and morality concerns. Therefore, alternative legal instruments outside of European patent law for additional protection of digital intellectual property for AM innovations in health and medical industry need to be considered.