Kerala 5 of 10

Kerala High Court holds Government can use Section 100 of the Patents Act for unaffordable patented medicines

Justice Harisankar V Menon of the Kerala High Court held that Section 100 of the Patents Act, 1970 covers the Government's use of a patented invention to make a medicine and sell it on a non-commercial basis to needy patients.
The Court read the phrase "purposes of Government" to include vending and non-commercial sale, and the State's duty to improve public health under Article 47 of the Constitution.
The judgment came in a suo motu case continued after the petitioner, a retired bank employee with metastatic breast cancer who had approached the Court on 2 June 2022 seeking affordable Ribociclib, died.
The Court did not direct the Centre to invoke Section 100 for Ribociclib; it said invoking the provision is a policy decision.
It asked the Central Government to collect data to decide whether a medicine is affordable and to consider intervention where prices are exorbitant.

Provision: Section 100, Patents Act, 1970 Bench: Justice Harisankar V Menon Drug in the case: Ribociclib
Why it matters for exams: The ruling links patent law, Article 47 (public health as a Directive Principle) and access to medicines; it is useful for law, polity and health topics.
Kerala PSCUPSC
28 September 2026 Source: Verdictum

In plain words

Suo motu On its own motion — A case a court continues or starts on its own, without a fresh petitioner.

Article 47 Duty of the State to raise nutrition and public health — A Directive Principle of State Policy in the Constitution of India.

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