Bolar Exemption in Indian Patent Law: Is Section 107A(a) an Exception or an Enabling Provision?

Section 48 of the Patents Act, 1970 prescribes the rights of patentees, which on conferment of patent, vest exclusively in the patentee.  In particular, a patent granted under the Act shall confer upon the patentee where the subject matter of the patent is a product, the exclusive right to prevent third parties, who do not have his consent, from the act of making, using, offering for sale, selling or importing for those purposes that product in India. Similarly, a process patent confers upon the patentee, the exclusive right to prevent third parties, who do not have his consent, from the act of using that process, and from the act of using, offering for sale, selling or importing for those purposes the product obtained directly by that process in India.