Offering a patented invention meaning

In practice, this describes making an offer to sell or otherwise supply a product that falls within a patent’s claims, or offering a patented process for use. Under the UK Patents Act 1977, section 60, offering to dispose of a patented product, or offering a patented process for use in the UK with the requisite knowledge, is a primary act of patent infringement. The Irish Patents Act 1992 takes a similar approach, treating offers for sale or offers to use a patented process as infringing. The term itself is descriptive; the statutory wording is “offers to dispose of” (UK) and “offers for sale” (Ireland). A completed sale is not required: liability can arise once an offer is made in the relevant territory. Online or catalogue offers that target customers in the UK or Ireland can infringe. Whether communications such as quotations, tenders or website listings amount to an “offer” is assessed on general contract principles and the facts. Usage and effect are broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland, though phrasing differs. This concept is distinct from secondary infringement (for example, offering to supply means relating to an essential element of the invention).