INFRINGEMENT
It is an infringement of a patent to make, to offer, to put on the market or to use a product which is the subject of a patent or to import or to stock the product for these purposes.
Infringement is assessed by reference to the claims of the patent, which have to be interpreted in the light of the description and the drawings.
THE PROCEDURE IN CIVIL COURTS
A) PARTIES IN LITIGATION
The plaintiff can be the patent holder or a person having an exclusive licence to the right.
The defendant is the person who is responsible for the infringing actions. The defendant may be either a natural person or a legal entity. If the defendant is a legal entity it might be advisable to include in the complaint as second defendant the responsible manager, in order to prevent him bypassing a judgement against the legal entity by continuing the infringing actions in his own name.
