Bolar provisions in India's patent law
In May 2003, when India's Patent Act was amended, a new
Section 107A was introduced. This provided for a research
exemption as an exception to the general rules of patent
infringement. Commonly known as a Bolar provision, this
research exemption enables a manufacturer of generic drugs to
use a patented invention to obtain marketing approval without
the patent owner's permission before the patent expires. The
generic drug maker...
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