Declaration of non-infringement

If during the use or intended use of a product or a method, the user wishes to know whether such use infringes a particular patent, he can file a request for negative statement (i.e. declaration on non-infringement). Such a request cannot be filed if an infringement suit has already been started.

A negative statement declared under this rule excludes the possibility of starting an infringement suit on the same matter.

Characteristic to this institution is that the prosecution is carried in the first instance by the Office and not by the Court as in the case of an infringement suit.