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3D Printing and the Public Domain

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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2 Responses

  1. A claim directed to producing X on a 3D printer is obvious over X and a 3D printer unless there is some significant challenge to making X using a 3D printer. But in that case, a claim directed to all methods of making X using a 3D printer would fail for lack of enablement. The claim would need to be narrower to issue. It could be directed to the specific method employed, which would not confer a monopoly over the efficient production of X because it would leave open alternative methods of making X using a 3D printer.

  2. Gerard Magliocca says:

    Well, that works if the software patent is construed reasonably. I’m not holding my breath on that though.