Centre should intervene when patented medicines are sold at exorbitant rate: Kerala HC
Court holds that Central government can use a medicine’s patent to manufacture and sell it to public, including underprivileged patients, on non-commercial basis
The Kerala High Court ruled on September 28, 2026, that the Central government has the authority to manufacture and sell patented medicines at a non-profitable rate, including for underprivileged patients, if the price is deemed exorbitant. Justice Harisankar V. Menon emphasized that the government should utilize the provisions under the Patents Act, 1970, to take over the patent when necessary in the public interest and inform the patent holder.
The court stated that the government must provide all necessary facilities to citizens to ensure access to healthcare, which includes life-saving treatments. The petition was filed by a breast cancer patient who was prescribed Ribociclib, a treatment costing around ₹75,000 per month. The patient, who had passed away while the plea was pending, requested the government to take over the patent and make it available at the lowest possible price.
Pharmaceutical companies argued that the Centre had already assessed the situation, and a less expensive alternative, Palbociclib, was already on the market.
Written by urgent.news from The Hindu's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
