The Kerala High Court on September 16, 2026, reserved its verdict in a suo motu proceeding concerning the high prices of patented life-saving medicines used in breast cancer treatment. The case examines the difficult balance between patent protection, access to essential medicines and the powers available to the Central Government under the Patents Act, 1970.
Justice Harisankar V. Menon heard submissions from the amicus curiae, pharmaceutical companies, the Union Government and other parties before reserving the matter.
The proceedings originated from a petition filed in 2022 by a breast cancer patient concerning the affordability of Ribociclib, a patented medicine used in breast cancer treatment. The medicine was stated to cost around Rs. 75,000 per month, creating a substantial financial burden for the patient.
The petitioner died during the pendency of the proceedings. The High Court thereafter continued the matter as a suo motu proceeding, recognising that the issues raised extended beyond her individual circumstances.
The proceedings subsequently came to involve Ribociclib, Abemaciclib and Palbociclib. The Court also examined whether Palbociclib, whose patent protection had expired, could be used as a substitute for the two patented medicines.
The amicus curiae argued that the high cost of patented medicines could prevent patients from receiving timely treatment and urged consideration of government powers under Section 100 of the Patents Act.
The pharmaceutical companies opposed such intervention, stressing the role of patents in supporting research and development. They also referred to patient-assistance programmes and existing pricing arrangements.
The Union Government submitted that any intervention required consideration of manufacturing costs, availability, patient assistance schemes and the interests of patent holders.
After hearing the competing submissions, the Kerala High Court reserved its verdict. No final determination has been announced on whether any of the statutory mechanisms under Sections 84, 92 or 100 of the Patents Act should be invoked, or what specific mechanism, if any, should be adopted to address the affordability of the medicines.
Case Title: In Re Exorbitant Pricing of Life Saving Patented Medicines
