The law on indirect infringement
The law on indirect infringement
The statute
Section 60(2) of the Patents Act 1977 provides:
‘(2) Subject to the following provisions of this section, a person (other than the proprietor of the patent) also infringes a patent for an invention if, while the patent is in force and without the consent of the proprietor, he supplies or offers to supply in the United Kingdom a person other than a licensee or other person entitled to work the invention with any of the means, relating to an essential element of the invention, for putting the invention into effect when he knows, or it is obvious to a reasonable person in the circumstances, that those means are suitable for putting, and are intended to put, the invention into effect in the United Kingdom.’
- Heading
- Judge Hacon
- The skilled team
- The experts
- The Patent
- The prior art
- US 845
- Novelty
- Inventive step – claim 1
- Inventive step – claim 2
- PCT 853
- Infringement – the issues
- The law on indirect infringement
- Means relating to an essential element
- Knowledge and intention
- Means suitable for putting the invention into effect
- Summary of the law under s.60(2)
- Infringement – this case
- Conclusions
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