Kerala HC asks Centre to examine patent powers to make cancer drugs affordable

Kochi: The Kerala High Court on Monday asked the Centre to examine whether its powers under Section 100 of the Patents Act could be used to improve access to costly patented life-saving medicines, particularly when their prices are beyond the reach of patients.

Justice Harisankar V. Menon observed that invoking the provision was ultimately a matter of policy, but noted that government intervention could be considered when medicines were being sold at exorbitant prices.

Section 100 of the Patents Act empowers the Central government to authorise the use of a patented invention for government purposes without the consent of the patent holder.

The court did not direct the Centre to invoke the provision in the present case involving expensive breast cancer medicines. Instead, it asked the government to collect relevant data to assess affordability and consider intervention wherever required.

The proceedings centred on Ribociclib, a patented breast cancer drug manufactured by Novartis, and Palbociclib, another breast cancer drug whose patent has expired and which is available at a lower price.

Expert opinions from cancer treatment institutions and the Drugs Controller General of India confirmed that the two medicines could not be treated as interchangeable.

The court nevertheless held that affordability required proper assessment based on relevant data. It said the Centre could consider invoking Section 100 not only in the present case but also in other instances involving life-saving medicines if intervention was necessary.

The proceedings originated from a petition filed in 2022 by a cancer patient seeking affordable access to Ribociclib, which was then priced at around Rs 78,468.75 a month.

The petitioner died in September 2022, but the High Court decided to continue examining the issue.

With IANS inputs