'Centre Can Use Patent Law To Make Costly Life-Saving Drugs More Affordable': Kerala HC
Kerala, September 28, 2026: The Kerala High Court has held that the Central government can invoke Section 100 of the Patents Act, 1970, to facilitate the manufacture of patented medicines and make them available to needy patients on a non-commercial basis when government intervention becomes necessary, including in cases where drugs are sold at exorbitant prices. Justice Harisankar V Menon, who…
Kerala's high court has ruled that the central government can use Section 100 of the Patents Act to allow affordable production of patented medicines, even if sold at high prices. The court, in a suo motu case involving exorbitant life-saving drug prices, left the decision to the government after requesting sufficient data. Section 100 allows the government to authorize the use of a patented invention for government purposes, including manufacturing and selling the medicine to patients on a non-commercial basis.
The court emphasized that invoking this provision is a policy decision depending on collected statistics. The ruling highlights the delicate balance between protecting innovation and ensuring affordable access to life-saving treatments.
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