Intellectual Property Enterprise Court

IP-2022-000067 - [2025] EWHC 399 (IPEC)

Fecha: 27-Feb-2025

Summary of the law under s.60(2)

Summary of the law under s.60(2)

87.

I was not provided with any authorities from other European jurisdictions in which the law on infringement follows the terms of art.26(1) CPC, specifically with regard to ‘means suitable for putting the invention into effect’. However, I conclude that in relation to the supply of a product to a person not entitled to work the invention, there is an act of infringement under s.60(2) if the following are found on the balance of probabilities:

(1)

there is in the United Kingdom a supply or offer to supply a means relating to an essential element of the invention, i.e. a means which contributes to implementing the technical teaching of the invention without being of completely subordinate importance, irrespective of where the core of the invention lies;

(2)

adaptation of such means or its use together with other means would put the invention into effect; and

(3)

at the time of supply or offer to supply, the supplier knows, or it would be obvious to a reasonable person in the circumstances, that (a) adaptation of the means supplied or its use together with other means would put the invention into effect and (b) at least some ultimate users will intend to put the invention into effect in the United Kingdom in that way.