Contributed By Gilat, Bareket & Co., Reinhold Cohn Group
Declaration of non-infringement: a third party may ask the court for a declaration that his exploitation of the invention disclosed in the patent does not constitute an infringement. The patentee and the exclusive right-owner are the respondent in this application. The applicant must give the patentee full details of the product or process he or she wishes to use. It should be noted that in these proceedings the applicant cannot argue that the patent is invalid. Furthermore, the grant or refusal to grant the declaration of non-infringement shall not be decisive on the question of the patent’s validity.