Mittel einer mittelbaren Patentverletzung nach § 10 PatG und Art. 26 EPGÜ

Clarifying the question of whether an object constitutes a means of indirect infringement of the patent regularly raises considerable difficulties. The reason for this is not only the abundance of different objects that can indirectly promote patent infringement. In addition, indirect patent infringement raises difficult and controversial legal questions. When does a means refer to an essential element of the invention? Are means of using a protected product within the scope? Are so-called passive means and starting means excluded? Can means leading to means constitute indirect patent infringement?
Against this background, the author first divides possible objects into categories. He then devotes himself to the clarification of open legal questions, in order to finally evaluate the previously formed means categories according to whether or to what extent they can fulfill the prerequisites of indirect patent infringement.