Kerala High Court: Centre can use drug patents in public interest

The Kerala High Court has held that the Central government may 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 observed that the Centre should invoke the relevant provisions of the Patents Act, 1970, when medicines based on a patent are sold at an exorbitant price. The government, the court said, should collate data and decide whether a particular medicine is affordable, and if necessary, use the patent in the public interest and notify the patent holder.

The court held that the government is required to provide all necessary facilities to citizens to ensure access to healthcare, including access to life-saving treatment.

The petition was filed by a breast cancer patient who had been prescribed Ribociclib. At the time, the drug cost her around ₹75,000 per month. The plea sought directions for the government to take over the patent for Ribociclib and make it available at the lowest possible price. The petitioner passed away while the plea was pending, and the court took up the matter in the larger public interest.

Pharmaceutical companies opposed the petition, stating that the Centre had already considered using Ribociclib's patent but did not find it necessary, since a cheaper alternative, Palbociclib, was already available in the market.