A Three-Step Test for Determining Patent Infringement Related to Repair

Abstract

Repair, refill and recycle (in the following: repair) of physical goods is a necessity and a convenience – mending is better than ending, at least for the consumer. Where the goods to be repaired are patented, the question arises whether such act of repair infringes the patent, and under what conditions. There are different approaches by national courts on this matter, and it will eventually be the task – and the chance – of the Unified Patent Court to find its own solution to this issue. The author in this regard proposes a three-step test.