Kerala High Court Says Government May Use Patent Powers to Improve Access to Costly Breast-Cancer Drugs

The Kerala High Court said the Central government may consider using Section 100 of the Patents Act to improve access to prohibitively expensive patented breast-cancer medicines.

What happened

The Kerala High Court said the Central government may consider using Section 100 of the Patents Act to improve access to prohibitively expensive patented breast-cancer medicines. Justice Harisankar V. Menon emphasised that the government must first collect reliable data on affordability and accessibility before deciding whether statutory intervention is warranted. The proceeding originated from concerns over the price of Ribociclib and later continued as a suo motu matter after the original petitioner died. The Court left the ultimate decision to the government as a policy choice. Its ruling identifies the patent statute as a lawful mechanism for public, non-commercial access where circumstances justify intervention.

Legal significance

The legal effect is confined to the present ruling or procedural development. Allegations and submissions are not treated as established facts.

What follows

The matter proceeds according to the operative judicial or statutory process described above.

Source: Original report