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Kerala High Court Holds Govt Can Produce & Sell Patented Cancer Drugs at Non-Commercial Rates Under Section 100 Patents Act

Target:UPSC GS-IIMPSCTeachingSSC GAPrelims HighMains HighStatic GK Link
29 Sept 2026
~2 min
Source: Indian Express
Key Data:₹58,140 for 21 days of RibociclibMonthly pension ₹28,400Article 21Article 47Section 100 Patents ActEvery 3 minutes a woman diagnosed with breast cancer
Bodies:Kerala High CourtMinistry of Women and Child DevelopmentNovartis AG
Practice MCQs from today's news ▸
What This Article Covers

1.Kerala High Court, in a suo motu case on exorbitant pricing of patented cancer drugs, held that the government can invoke Section 100 of the Patents Act to manufacture and sell patented drugs on a non-commercial basis to needy patients.

2.The case originated from a retired bank employee with breast cancer who died during proceedings; the court continued the case suo motu, highlighting systemic failure in affordable access to life-saving medicines.

3.The judgment links Article 21 (right to life) and Article 47 (duty of state to improve public health) with Section 100 of the Patents Act, creating a strong precedent for government intervention in drug pricing.

The Big Picture
Prelims · HighMains · High

The Kerala High Court has held that the government is empowered under Section 100 of the Patents Act to produce and sell patented cancer drugs at non-commercial rates to ensure affordable healthcare. The ruling links the right to life (Article 21) and the state's duty to improve public health (Article 47), making it a landmark judgment for access to essential medicines.

Exam Lens

Quick Exam Facts From News

CourtKerala High Court
JudgeJustice Harisankar V Menon
Key SectionSection 100, Patents Act, 1970
Constitutional ArticlesArticle 21 & Article 47
Drug in QuestionRibociclib (patented cancer drug)
Cost of Drug₹58,140 for 21 days (3 tablets/day)
Patient's Monthly Pension₹28,400
Amicus CuriaeAdvocate Maitreyi Sachidananda Hegde
Key StatisticEvery 3 minutes a woman diagnosed with breast cancer in India; every 6 minutes one dies
Report Referenced139th Report on Cancer Care Plan and Management

1-Minute Revision

  • ›Court: Kerala High Court
  • ›Judge: Justice Harisankar V Menon
  • ›Target this Data: ₹58,140 for 21 days of Ribociclib; monthly pension ₹28,400
  • ›Target this Legal Point: Section 100 of the Patents Act, 1970
  • ›Target this Constitutional Link: Article 21 (right to life) and Article 47 (duty to improve public health)

Mastered this topic? Test your knowledge with a full MCQ quiz.

Practice exam-style questions, track your score, and strengthen your recall.

Q1Static LinkageEasy

Which section of the Patents Act, 1970 empowers the Central Government to use a patented invention for the purposes of government, including manufacturing and selling the product at non-commercial rates?

Q2Statement-basedHard

Consider the following statements regarding the recent Kerala High Court judgment on patented cancer drugs:

1. The court held that Section 100 of the Patents Act allows the government to produce and sell patented drugs at non-commercial rates to needy patients.

2. The court ruled that the government must immediately reduce the price of all patented drugs by 50%.

3. The judgment linked the right to health under Article 21 and the state's duty to improve public health under Article 47.

Which of the statements given above is/are correct?

Q3Data-centricMedium

According to the news article, what was the cost of the patented cancer drug Ribociclib for a 21-day course (three tablets per day)?

Q4Application/ImpactMedium

What is the primary significance of the Kerala High Court's interpretation of Section 100 of the Patents Act in this judgment?

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