The Bolar Provision – An Incentive for Investment and Innovation?
The Bolar Provision typically defines circumstances in which the proprietors of a patent are precluded from preventing third parties from performing acts which are otherwise protected by patent law. The Bolar provision originated in the United States, by virtue of the judgment Roche Products v Bolar Pharmaceuticals[1]. This judgement had limited the scope of the ‘experimental use exemption’… Read More »