To know whether a patent has been infringed, Article 69 of the European Patent Convention (EOV) consulted. Protocol (para 3.7.2) of Article 69 reads: 'The scope of protection of the European patent is determined by the claims. Nevertheless, the description and drawings serve to explain the conclusions'.

Several types can be distinguished, namely:

• Literal infringement: this occurs when someone applies the invention, i.e. all the features, from the independent claim(s) of a patent.
• There is equivalent infringement when means that do not read literally under the text but can be considered equivalent achieve the same result. In these situations, explanations may vary from country to country.
• There is indirect infringement in supplying an essential element of the invention if it is known or obvious in the circumstances that those means are suitable and intended for that application.

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