In In re Exorbitant Pricing of Life Saving Patented Medicines (2026:KER:74251), the Kerala High Court held that 'purposes of Government' under Section 100 of the Patents Act, 1970 includes making a patented medicine and selling it on a non-commercial basis to needy patients, and that the power can be used where a patented medicine is sold at an exorbitant price. The case concerned the breast cancer drug Ribociclib, whose annual treatment cost was cited as about ₹7.9 lakh. The court left the decision to the Central Government, asking it to collate affordability data and proceed under Section 100 if necessary; it did not order the government to invoke the provision.
| Who is affected | Pharmaceutical patent holders, generic manufacturers, hospitals and patient groups; and any patent owner whose product is sold to or used by the government. |
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| What to do | Pharma patent owners should review pricing and access programmes for patented medicines in India and track any government action under Section 100. Generic makers can follow the government's response. Speak to a registered patent agent about how government-use and compulsory licensing provisions affect your patent. |
| Source | Kerala High Court (reported by Verdictum) |
This is a plain-language summary for general information, not legal or tax advice. The court order or official document is the authoritative text. Ask an expert how it applies to you.