Distinction from incitement/aiding and abetting

In principle possible, but proof of intent is required; difficult to prove in practice.

Precursor products

Do not themselves fulfill the patent claim, but enable customers to infringe the patent; the focus is therefore on suppliers.

Essential means

Component from the patent claim or essential for the invention; specifically tailored for use with the invention.

Knowledge/recognizability

The customer must know or it must be objectively recognizable that the means is suitable and intended for the invention.

Relevant actions

Only offering and placing on the market are prohibited; mere manufacture or storage of essential means is permitted.

Private customers

No claims against persons who are not acting in a commercial capacity. The claim is directed against the supplier.

Generally available products

In principle, no indirect patent infringement; liability only in the case of deliberate instigation, i.e., as a rule, intentional incitement.