The proprietor of the patent must establish that the means supplied
by the defendant relate to the essential element of the invention.
The supplier must know, or it must be obvious to the reasonable
person, that the means are both ‘suitable’ for and are ‘intended’ to
be used in putting the invention into effect.
In recognition of the fact that there may be legitimate reasons why a
person supplies or offers to supply something that enables the
means for putting the invention into effect, section 60(3) provides
that the supply of the staple commercial product will not constitute
an indirect infringement under Section 60(2).
See alse "Hazel Grove".
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