Centre should intervene when patented medicines are sold at exorbitant rate: Kerala HC

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The petitioner had passed away while the plea was pending, and the court had then taken up the matter considering the larger public interest. | Photo Credit: The Hindu

The Kerala High Court on Monday (September 28, 2026) held that the Central government can use a medicine’s patent to manufacture and sell it to the public, including underprivileged patients, on a non-commercial basis.

Justice Harisankar V. Menon maintained that the Centre should invoke the relevant provisions under the Patents Act, 1970, where medicines manufactured on the basis of a patent are sold at an exorbitant price. The government should collate the data and decide whether a particular medicine was affordable and, if necessary, use the patent in the public interest and notify the patent holder.

“The government is required to provide all necessary facilities to citizens to ensure access to healthcare, including access to life-saving treatment, as in the case at hand,” the court held.

The petition was filed by a breast cancer patient. She had been prescribed Ribociclib for her condition, which, at the time, cost around ₹75,000 per month for her. The petition sought directions for the government to take over Ribociclib’s patent and make it available at the lowest price possible. The petitioner had passed away while the plea was pending, and the court had then taken up the matter considering the larger public interest.

Pharmaceutical companies had opposed the petition, stating that the Centre had already considered the matter of using Ribociclib’s patent but did not find it necessary, since a cheaper alternative, Palbociclib, was already available in the market.

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