Kerala High Court holds Government can use Section 100 of the Patents Act for unaffordable patented medicines
28 September 2026
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.
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.