20 March 2020

Today in IP Insanity

In Italy, hospitals could not operate ventilators to treat severely ill coronvirus patients, because a crucial, and very expensive, valve was not available from the manufacturer.

A group of local tech types took a valve, and figured out how to 3D print the valve for a fraction of the cost.

They were promptly threatened with a lawsuit by the manufacturer.

We need to massively reduce the scope of IP:
Update: One of the people who helped 3D-print the valve in Brescia says that they didn't receive a legal threat from the original manufacturer, Intersurgical, according to a new report in The Verge. Another person who helped make things happen, Massimo Temporelli, who earlier said they received legal threats for alleged patent infringement, is quoted as saying: "The group we asked for the files refused and said it was illegal". Intersurgical also denies threatening to sue. It states that it could not supply details for the valve because of "medical manufacturing regulations". Another news item says the official list price was not as high as the original Italian report suggested, but without giving a revised figure. Whatever the details, the episode underlines why the 3D files of these kind of devices should be made available routinely to hospitals. That would allow them print in cases of urgent need, regardless of any claimed patents, so that this kind of situation doesn't arise at all, and lives are not put at risk. Original story follows:

Techdirt has just written about the extraordinary legal action taken against a company producing Covid-19 tests. Sadly, it's not the only example of some individuals putting profits before people. Here's a story from Italy, which is currently seeing more new coronavirus cases and deaths than anywhere else in the world. Last Thursday, a hospital in Brescia, in the north of Italy, needed supplies of special valves in order to use breathing equipment to help keep Covid-19 patients alive in intensive care (original in Italian). The manufacturer was unable to provide them because of the demand for this particular valve. The Metro site explains what happened next:
With the help of the editor of a local newspaper Giornale di Brescia and tech expert Massimo Temporelli, doctors launched a search for a 3D printer -- a devise that produces three dimensional objects from computer designs.

Word soon reached Fracassi, a pharmaceutical company boss in possession of the coveted machine. He immediately brought his device to the hospital and, in just a few hours, redesigned and then produced the missing piece.
Actually, it wasn't quite as simple as that suggests. Business Insider Italia explains that even though the original manufacturer was unable to supply the part, it refused to share the relevant 3D file with Fracassi to help him print the valve. It even went so far as to threaten him for patent infringement if he tried to do so on his own. Since lives were at stake, he went ahead anyway, creating the 3D file from scratch. According to the Metro article, he produced an initial batch of ten, and then 100 more, all for free. Fracassi admits that his 3D-printed versions might not be very durable or re-usable. But when it's possible to make replacements so cheaply -- each 3D-printed part costs just one euro, or roughly a dollar -- that isn't a problem. At least it wouldn't be, except for that threat of legal action, which is also why Fracassi doesn't dare share his 3D file with other hospitals, despite their desperate need for these valves.
This sort of IP related bullsh%$ does not, as the Constitution demands, "Promote the progress of science and useful arts."

It is an anchor dragging down our society.


Post a Comment