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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