The owner of a German patent has not only the possibility to enforce his patent against direct infringers. The German Patent Law allows him in addition to demand from a supplier an injunction against the offer of supply, and both an injunction and damages against any supply with means relating to an essential element of the patented invention for exploiting the invention without his consent. This is contingent upon the fact that the supplier knows or that it is obvious from the circumstances that such means are suitable and intended for exploiting the invention without the patentee’s consent. In this article, the practical implications for the patentee and the supplier of such means who may face a significant business risk are discussed.
Indirect Patent Infringement in Germany