Kerala High Court holds Centre can use Section 100 of the Patents Act for costly patented medicines

1 October 2026

Justice Harisankar V. Menon of the Kerala High Court ruled on 28 September 2026 on a suo motu case that began with a breast cancer patient's plea about the cost of Ribociclib.
The court held that Section 100 of the Patents Act, 1970 lets the Central government make patented medicines and supply them to patients on a non-commercial basis when prices are exorbitant.
It did not order the Centre to act, saying whether to invoke Section 100 is a policy decision for the Central government.
The ruling also drew on Articles 21 and 47 of the Constitution.