Infringement by supply of products
117 Infringement by supply of products
If the use of a product by a person would infringe a patent, the supply of that product by one person to another is an infringement of the patent by the supplier unless the supplier is the patentee or licensee of the patent.
A reference in subsection (1) to the use of a product by a person is a reference to:
if the product is capable of only one reasonable use, having regard to its nature or design—that use; or
if the product is not a staple commercial product—any use of the product, if the supplier had reason to believe that the person would put it to that use; or
in any case—the use of the product in accordance with any instructions for the use of the product, or any inducement to use the product, given to the person by the supplier or contained in an advertisement published by or with the authority of the supplier.
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