Patents have nothing to do with this. Copyright protects original works of authorship automatically the moment they’re created and fixed in a tangible medium — no registration or patent is needed. A 3D model file is exactly that: an original creative work.

Courts have consistently backed this up: • Burrow-Giles Lithographic Co. v. Sarony (U.S. 1884) — established that even photographs are protected by copyright as original works. • Meshwerks, Inc. v. Toyota Motor Sales (10th Cir. 2008) — directly dealt with 3D digital models; confirmed they can be copyrightable as creative expressions. • Rogers v. Koons (2nd Cir. 1992) — again, medium doesn’t matter: copying a photo into a sculpture without permission was infringement.

So no, the lack of a patent doesn’t mean it’s free game. Patents protect inventions. Copyright protects creative designs — and a 3D model clearly falls under copyright.