What is Bolar Exemption?

Jurisdiction – India, USA, Canada Bolar Exemption is a defence against infringement that allows third parties to use patented inventions (drugs, commonly) to generate data for obtaining regulatory approval from the relevant agency. This is also known as the “research exception.” The Exemption allows generic drug manufacturers to conduct trials and test manufacturing and delivery…

Can the Government use a patent without permission from the patentee?

Jurisdiction – India and USA Position in India Yes, there are two circumstances in which the Government can use a patent without permission by the Government – Merely of its own use under section 47; or For purposes of Government under section 100 read with section 99. Merely of its Own Use – section 47…