Patent Filing Restrictions

Patent filing restrictions

3Dresyns® respects the right of customers, researchers, companies and other third parties worldwide to protect inventions that they have genuinely developed and are legally entitled to own.

At the same time, Confidential Information, trade secrets, proprietary know-how, non-public technical information and intellectual property belonging to or controlled by 3Dresyns® must not be used, disclosed, appropriated or incorporated into a patent, utility model, design or other intellectual-property filing without the rights or authorization legally required to do so.

This policy establishes the distinction between independent inventions, which remain the responsibility of their legitimate inventors or owners, and intellectual-property filings that improperly use, disclose or appropriate protected 3Dresyns® information or rights.

Worldwide application

This policy and the applicable confidentiality, restricted-use, non-appropriation and pre-filing review obligations are intended to apply worldwide to Buyers, Recipients and other persons or organizations bound by the Company's applicable Legal Terms, Non-Disclosure Agreement, development agreement, collaboration agreement or other binding contractual arrangement, regardless of:

the country in which the Buyer or Recipient is established;
the country in which the relevant Product was purchased or delivered;
the country in which research, testing, analysis, development or manufacturing is performed;
the country in which an invention is conceived or developed;
the nationality or residence of the inventor or applicant;
the patent office or intellectual-property authority before which an application is filed;
whether the filing is national, regional or international;
whether the filing is made directly or through an affiliate, employee, researcher, contractor, representative or other third party; or
the country in which the resulting patent or other intellectual-property right is ultimately sought, prosecuted or granted.

The worldwide contractual scope of these obligations does not mean that a single patent or intellectual-property right has worldwide effect. Patent and other registered intellectual-property rights remain subject to the territorial scope, substantive law and procedures applicable in the jurisdictions in which protection is sought or obtained.

This policy does not create intellectual-property rights for 3Dresyns® where such rights do not otherwise exist under applicable law or contract.

Protected 3Dresyns information and rights

For the purposes of this policy, 3Dresyns Protected Information and Rights includes, where applicable:

3Dresyns® Confidential Information;
trade secrets;
non-public formulations and compositional information;
non-public raw-material or additive information;
proprietary manufacturing and formulation know-how;
confidential samples, prototypes and experimental materials;
non-public technical data;
non-public test results and development data;
confidential workflows, methodologies and processes;
proprietary algorithms, software and technical tools;
confidential printing, curing, calibration or processing know-how;
non-public research and development information;
existing patent applications, patents, utility models, designs, copyrights and other intellectual-property rights owned or controlled by 3Dresyns®;
information concerning unpublished inventions or potentially patentable developments;
information protected by confidentiality or restricted-use obligations; and
other information or rights expressly protected by an NDA, development agreement, collaboration agreement or other binding contract.

A commercially supplied 3Dresyns® Product is not, merely by being purchased, possessed, tested or used, treated as though every invention involving that Product automatically belongs to 3Dresyns®.

Independent inventions

A customer, university, researcher, company or other third party may file a patent or other intellectual-property application relating to an invention that it has genuinely and independently developed where it has the legal right to do so.

The mere purchase, possession, testing or lawful use of a commercially supplied 3Dresyns® Product does not automatically give 3Dresyns® ownership of an independently created invention and does not, by itself, require 3Dresyns® consent before filing a patent application.

Likewise, merely identifying or referring to a genuine 3Dresyns® Product in a patent application does not automatically make the invention, patent application or resulting intellectual-property right the property of 3Dresyns®.

However, an independent filing must not disclose, claim, incorporate, appropriate or rely upon 3Dresyns Protected Information and Rights in a manner that violates confidentiality, trade-secret, intellectual-property or contractual obligations.

Prohibited patent and IP filings

A Buyer, Recipient or other person subject to applicable confidentiality, intellectual-property or restricted-use obligations shall not, without the prior written authorization of 3Dresyns® where such authorization is legally required:

include 3Dresyns® Confidential Information or trade secrets in a patent, utility model, design or other intellectual-property application;
claim as its own an invention or part of an invention that legally belongs to 3Dresyns®;
claim ownership of proprietary 3Dresyns® technology obtained through confidential disclosure;
use confidential formulation or compositional information to prepare, enable or support patent claims;
use confidential samples or experimental materials to reconstruct proprietary formulation information and subsequently claim or disclose that information through an intellectual-property filing;
use information obtained through prohibited reverse engineering or unauthorized compositional analysis to prepare or support an intellectual-property filing;
incorporate non-public 3Dresyns® test data, development results, drawings, methodologies or technical documentation into an application without the necessary rights;
disclose Company trade secrets through publication of a patent or other intellectual-property application;
file through an affiliate, employee, representative, contractor or third party in order to circumvent restrictions applicable directly to the Recipient;
assist, instruct or encourage another person to carry out any activity prohibited under this policy; or
use an intellectual-property filing as a means of circumventing an NDA, confidentiality obligation, restricted-use provision, reverse-engineering restriction or other binding contractual obligation.

Covered Filings requiring prior review

A proposed patent, utility model, design or other intellectual-property filing is a Covered Filing under this policy where it:

contains or may contain 3Dresyns® Confidential Information;
contains or may disclose a 3Dresyns® trade secret;
relies materially on non-public information supplied by 3Dresyns®;
arises from a confidential sample, prototype or experimental development subject to restricted-use conditions;
results from a custom-development, joint-development, technology-transfer or collaborative project subject to intellectual-property provisions;
may claim an invention in which 3Dresyns® has ownership, co-ownership, contractual or other legally recognized rights;
contains information obtained under an NDA or confidential disclosure;
contains information generated through activities that are contractually restricted, including prohibited reverse engineering or compositional analysis; or
is expressly made subject to pre-filing review under an NDA, development agreement, research agreement, technology-transfer agreement or other written contract.

A filing is not a Covered Filing merely because a commercially available 3Dresyns® Product was lawfully used in the underlying research or development.

Prior disclosure of a Covered Filing

Where a Covered Filing is subject to this policy, the Recipient shall provide 3Dresyns® with sufficient information to assess the relevant confidentiality and intellectual-property issues at least sixty (60) calendar days before the intended filing date, unless a different period has been expressly agreed in writing.

The information provided should include the portions of the proposed application reasonably necessary to assess:

the proposed claims;
the relevant description and embodiments;
relevant drawings;
relevant experimental data;
the source of potentially confidential technical information;
the relationship between the proposed invention and any applicable 3Dresyns® Confidential Information;
the relationship with any applicable joint or custom-development project; and
any potential ownership or inventorship issue affecting 3Dresyns®.

A complete draft application may be requested where reasonably necessary to conduct that assessment, provided that disclosure does not require the Recipient to breach valid confidentiality obligations owed to unrelated third parties.

3Dresyns review

3Dresyns® shall use the pre-filing review for the limited purpose of assessing whether the proposed Covered Filing:

discloses 3Dresyns® Confidential Information or trade secrets;
uses proprietary information contrary to an applicable NDA or restricted-use obligation;
claims subject matter over which 3Dresyns® may have ownership, co-ownership or other legally recognized intellectual-property rights;
conflicts with intellectual-property provisions contained in an applicable development, research, technology-transfer or collaboration agreement;
contains information obtained through prohibited reverse engineering or unauthorized compositional analysis;
misappropriates confidential technical or compositional know-how; or
otherwise violates a specific binding confidentiality or intellectual-property obligation owed to 3Dresyns®.

The review does not give 3Dresyns® a general veto over independently created inventions merely because they relate to additive manufacturing, photopolymers, resins, materials, 3D printing or the use of a 3Dresyns® Product.

Review period

Unless a different period has been expressly agreed, 3Dresyns® should communicate any material objection within thirty (30) calendar days after receiving sufficient information to conduct the review.

If additional information reasonably necessary for the review is requested, the review period may be suspended until that information is supplied.

Any objection should identify the relevant Confidential Information, trade secret, contractual obligation or intellectual-property right with sufficient specificity to allow the Parties to assess the issue.

Modification of a Covered Filing

Where 3Dresyns® identifies a valid confidentiality, trade-secret, ownership or contractual issue, the Recipient shall take the measures reasonably necessary to avoid unauthorized use, disclosure or appropriation of protected information or rights.

Depending on the circumstances, this may require:

removing Confidential Information;
removing or revising claims based on protected 3Dresyns® information;
removing confidential examples, formulations or data;
correcting inventorship or ownership information where legally required;
recognizing appropriate ownership or co-ownership rights where legally established;
obtaining appropriate written authorization or licensing rights;
complying with the intellectual-property allocation established in the applicable project agreement; or
delaying the filing for a reasonable period where necessary to resolve a legitimate ownership, confidentiality or patent-protection issue.

3Dresyns® may not require modification, delay or withdrawal merely because it considers an independently owned invention commercially inconvenient or potentially competitive.

No deemed authorization through silence

If 3Dresyns® does not object during the applicable review period, this shall not constitute authorization to disclose Confidential Information, trade secrets or intellectual property that the Recipient knows or reasonably should know it has no right to disclose, use or claim.

However, absence of an objection does not prevent the Recipient from proceeding with a filing that:

concerns an invention it is legally entitled to file;
does not disclose or rely upon 3Dresyns® Confidential Information or trade secrets;
does not claim intellectual property belonging to 3Dresyns®;
does not violate an applicable NDA or restricted-use obligation; and
otherwise complies with the applicable contractual obligations.

Urgent filing and priority deadlines

Where an objectively unavoidable patent, priority, statutory or procedural deadline makes the standard review period impossible to follow, the Recipient should notify 3Dresyns® as early as reasonably practicable.

The Parties should cooperate in good faith to preserve legitimate filing rights while preventing unauthorized disclosure of Confidential Information or prejudice to legitimate ownership or intellectual-property rights.

Nothing in this provision authorizes disclosure of 3Dresyns® trade secrets or other Confidential Information merely because a filing deadline is approaching.

Inventorship, entitlement and ownership

Inventorship, entitlement to apply for a patent and ownership of patent or other intellectual-property rights are separate legal concepts and are determined according to the applicable law and relevant contractual arrangements.

Provision of funding, sale of a Product, supply of a sample, authorship of a report, routine testing, performance of analytical services or participation in commercial discussions does not automatically determine inventorship or ownership.

Likewise, a contractual ownership right does not automatically make a person an inventor if that person did not legally contribute to the inventive concept under the applicable patent law.

Where an invention has genuinely been made jointly, the applicable law and any relevant written agreement determine the rights of the Parties.

Custom development and collaborative projects

Custom-development, joint-development, research, technology-transfer and other collaborative projects may require specific intellectual-property provisions that differ from this general policy.

Such agreements may regulate:

background intellectual property;
newly generated or foreground intellectual property;
inventorship;
ownership and co-ownership;
patent filing rights;
filing strategy and jurisdictions;
priority applications;
PCT or other international filings;
national or regional phase entry;
prosecution and maintenance costs;
licensing rights;
commercialization rights;
publication review;
confidentiality;
enforcement; and
allocation of proceeds or other commercial rights.

Where an individually negotiated written agreement contains specific intellectual-property or patent-filing provisions, those provisions prevail for the matters they expressly govern.

Confidential samples and reverse engineering

Receipt of a confidential sample, experimental formulation, prototype or development material does not authorize the Recipient to determine its confidential formulation, composition or underlying proprietary know-how for the purpose of creating intellectual property based on that information.

Where reverse engineering, compositional analysis or analytical characterization is restricted under an applicable NDA or contractual provision, information obtained in breach of that restriction must not be used to prepare, enable or support a patent or other intellectual-property filing.

This restriction applies irrespective of whether the prohibited analysis is performed directly by the Recipient or indirectly through a laboratory, university, consultant, affiliate, contractor, artificial-intelligence system or other third party.

Further information is available in Prohibition against reverse engineering.

Trade secrets and patent publication

A patent application may ultimately become publicly accessible through the applicable patent-publication procedure.

Accordingly, inclusion of Confidential Information in a patent application can result in public disclosure and may compromise the secrecy of protected technical information.

Recipients subject to confidentiality obligations must therefore assess the confidentiality status and their legal right to disclose relevant information before including it in an intellectual-property application.

Filing a patent application does not provide a legitimate means of circumventing an NDA, confidentiality obligation, trade-secret protection or restricted-use provision.

Further information is available in About 3Dresyns trade secrets.

International patent filings

This policy applies to Covered Filings made through national, regional or international filing mechanisms.

This includes, where applicable, filings or applications before national intellectual-property offices, regional patent organizations and international filing systems such as the Patent Cooperation Treaty (PCT).

Use of an international filing mechanism does not remove confidentiality, ownership or restricted-use obligations applicable to the underlying information.

Likewise, an international patent application does not convert patent protection into a single worldwide intellectual-property right. Protection and enforceability remain dependent on the applicable national or regional systems and rights ultimately obtained.

Filing through affiliates or third parties

The Recipient shall not avoid the obligations of this policy by causing or assisting another person or entity to make a filing that the Recipient itself would be prohibited from making.

Where the Recipient is bound by confidentiality, restricted-use or pre-filing review obligations, those obligations apply to activities performed on its behalf through:

affiliates;
parent or subsidiary companies;
directors or employees;
inventors or researchers acting for the Recipient;
consultants;
universities or research organizations;
contractors;
patent attorneys or intellectual-property advisors; or
other intermediaries.

This provision does not impose contractual obligations directly on an unrelated third party that has not assumed them, but the Recipient remains responsible for its own compliance and must not use a third party to circumvent its obligations.

Applications filed in another name

Changing the identity of the patent applicant does not eliminate the confidentiality, ownership or restricted-use issues associated with the underlying invention or information.

Where protected 3Dresyns® information has been improperly used to support a filing, the fact that the applicant is an affiliate, employee, founder, researcher, university, investor, patent-holding company or other entity does not by itself cure the underlying unauthorized use.

Relationship with publication restrictions

A patent filing is a form of technical disclosure and may ultimately result in public availability of the information contained in the application.

Accordingly, Covered Filings must also comply with applicable confidentiality and publication-review obligations.

See 3Dresyns restricted publications and Permission to publish.

Unauthorized filings and remedies

Unauthorized use or disclosure of 3Dresyns® Confidential Information, trade secrets or intellectual-property rights through a patent or other intellectual-property filing may constitute a material breach of the applicable NDA, Legal Terms, development agreement or other binding contract and may also give rise to remedies under applicable intellectual-property, trade-secret or other law.

Where appropriate under applicable law, 3Dresyns® may seek remedies including:

interim, precautionary or injunctive relief;
cessation of unauthorized use or disclosure;
protection of Confidential Information or trade secrets;
withdrawal or correction of unauthorized disclosures where legally and procedurally available;
damages where legally recoverable;
correction of inventorship or ownership where legally available;
transfer of a patent or patent application where 3Dresyns® is legally entitled to the relevant rights;
recognition of co-ownership where 3Dresyns® is legally entitled to part of the relevant rights; and
other remedies available under applicable law or the relevant agreement.

Assignment or transfer of a patent or patent application is not an automatic consequence of every breach. Such relief may be sought where the applicable law, contractual rights and relevant facts establish that 3Dresyns® is legally entitled to the relevant patent, application or share of the rights.

Enforcement across jurisdictions

Because 3Dresyns® supplies Products and Services internationally, a Covered Filing or unauthorized disclosure may involve more than one country or legal system.

The contractual obligations applicable to the Recipient are intended to operate internationally to the fullest extent permitted by the applicable law and the relevant binding agreement.

However, the availability, nature and procedure for obtaining a particular remedy may differ between jurisdictions.

Nothing in this policy guarantees that the same remedy, procedure or intellectual-property right will be available in every country.

Applicable law and contractual hierarchy

This policy shall be read together with the governing-law, jurisdiction and contractual provisions contained in the applicable Legal Terms, NDA, quotation, development agreement, collaboration agreement or other binding contract.

Where the applicable contractual relationship validly provides for Spanish law, that choice applies subject to mandatory rules that cannot lawfully be excluded and any applicable international or conflict-of-law rules.

Where an individually negotiated written agreement contains specific provisions concerning governing law, jurisdiction, confidentiality, intellectual-property ownership or patent filing, that agreement prevails for the matters it expressly governs.

Mandatory laws and foreign intellectual-property rules

Nothing in this policy is intended to override mandatory patent, inventorship, ownership, employment-invention, university-invention, competition, procedural or other laws that cannot lawfully be excluded by contract.

The validity, grant, ownership, transfer, infringement and enforcement of a particular patent or other registered intellectual-property right may be governed by the laws and authorities of the jurisdiction concerned.

The Recipient remains responsible for complying with applicable filing, inventorship and disclosure requirements in each jurisdiction in which protection is sought.

Duration and survival

The obligations applicable to a Covered Filing survive termination or completion of the commercial relationship to the extent necessary to protect continuing Confidential Information, trade secrets, intellectual-property rights and surviving contractual obligations.

Where an applicable NDA or other agreement establishes a specific confidentiality period, that period applies.

Information qualifying as a trade secret remains subject to applicable trade-secret protections for as long as it continues to qualify for such protection under applicable law.

No restriction on genuinely independent innovation

Nothing in this policy is intended to prevent legitimate independent innovation anywhere in the world.

A customer or third party remains free, subject to applicable law and valid contractual obligations, to:

develop its own technology independently;
protect inventions that it is legally entitled to own;
file patent applications concerning independently created inventions;
seek protection in any national, regional or international filing system available to it;
publish patent applications that do not disclose protected 3Dresyns® Confidential Information;
commercialize independently owned intellectual property; and
exercise other intellectual-property rights available under applicable law.

These rights do not authorize misuse, unauthorized disclosure or appropriation of 3Dresyns® Confidential Information, trade secrets, proprietary know-how or other legally protected rights.

Patent-related disclosures

Where pre-filing review is required under this policy or another applicable agreement, patent-related communications should be sent to info@3Dresyns.com.

The communication should clearly identify:

the applicable NDA, project, order, development agreement or other relationship giving rise to the review requirement;
the proposed filing jurisdiction or patent office, where known;
the intended filing date;
any applicable priority deadline; and
the material reasonably necessary for 3Dresyns® to assess the relevant confidentiality or intellectual-property issue.

Governing principle

3Dresyns® supplies Products and Services internationally and protects its Confidential Information, trade secrets, proprietary know-how and contractual intellectual-property rights worldwide to the fullest extent permitted by applicable law. 3Dresyns® does not claim ownership of inventions merely because a 3Dresyns® Product was used. However, protected 3Dresyns® information and rights must not be incorporated into, disclosed through or appropriated by a patent or other intellectual-property filing anywhere in the world without the rights or authorization legally required to do so.

Patent Filing Restrictions