Center should intervene when patent medicines are sold at exorbitant prices: Kerala HC

The petitioner died while the suit was pending and the court then took up the matter in view of greater public interest. | Photo credit: The Hindu

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

Justice Harisankar V. Menon argued that the Center should invoke the relevant provisions of the Patents Act, 1970, where drugs manufactured under a patent are sold at exorbitant prices. The government should collect the data and decide whether a particular drug was affordable and, if necessary, use the patent in the public interest and inform the patent holder.

“The government is obliged to provide citizens with all necessary facilities to ensure access to health care, including access to life-saving treatment, as in the present case,” the court said.

The petition was submitted by a breast cancer patient. She was prescribed Ribociclib for her condition, which cost her around ₹75,000 a month at the time. The petition sought directions for the government to take Ribociclib’s patent and make it available at the lowest possible cost. The petitioner died while the suit was pending and the court then took up the matter in view of greater public interest.

Pharmaceutical companies oppose the lawsuit

Pharmaceutical companies opposed the petition, saying the Center had already considered using Ribociclib’s patent but did not think it was necessary because a cheaper alternative, Palbociclib, was already available on the market.

Published – 28 Sep 2026 12:21 IST