Someone who exploits the patented invention without consentof the patent holder, is DIRECTLY or IMMEDIATELY INFRINGING the patent.
The infringing exploitation must be ‘commercial’ and does not comprise pure research and private activities.
Someone who, without consent of the patent holder, offers or supplies means to people which relate to an essential element of the patented invention and who knows that these means are intended or at least are suitable for exploiting the invention, is infringing the patent by assisting or indirect infringement.
In determining the infringement, the similaritiesbetween that the exploited and the patented are decisive, not the differences.
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