Centre should intervene when patented medicines are sold at exorbitant rate: Kerala HC
The Kerala High Court has ruled that the Central government should intervene when patented life-saving medicines are sold at unaffordable prices. The court suggested that the government could invoke the Patents Act to manufacture or facilitate access to these drugs in the public interest.
Why it matters
This decision highlights the tension between pharmaceutical patent protections and the fundamental right to affordable healthcare for citizens.
The Kerala High Court on Monday (September 28, 2026) held that the Central government can use a medicine’s patent to manufacture and sell it to the public, including underprivileged patients, on a non-commercial basis.
Justice Harisankar V. Menon maintained that the Centre should invoke the relevant provisions under the Patents Act, 1970, where medicines manufactured on the basis of a patent are sold at an exorbitant price. The government should collate the data and decide whether a particular medicine was affordable and, if necessary, use the patent in the public interest and notify the patent holder.
“The government is required to provide all necessary facilities to citizens to ensure access to healthcare, including access to life-saving treatment, as in the case at hand,” the court held.
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