Liability for Contributory Infringement of IPRs â certain Aspects of Patent Infringement (Q 204)
If means are not suitable to be put to a use that would infringe the patent, supplying or offering such means can hardly facilitate or advance and therefore contribute to an infringement. It is, therefore, not a separate condition, but a fundamental requirement for a contributory infringement that the supplied or offered means are suitable for an infringing use.