Construing Section 107 (A) Of The Patents Act

India is home to generic pharmaceutical companies. These companies manufacture a generic drug, which is basically a pharmaceutical drug that contains the same active ingredients as a drug that was originally protected by chemical patents.  Generic Companies wait for expiry of a patented drug to put their foot in the market to provide the drug at affordable price to the public. The Indian legislature has provided the benefit of experimenting the patented drug prior to expiry of the patent term for regulatory approval, so that the drug is available to the market immediately after the said patent expires. The said action also ensures that the monopoly of the patentee is not further extended beyond the patent term. The subject article deciphers Section 107 (A), famously called as Bolar Exemption, the pivot of dispute between innovator companies and generics.