PHARMACEUTICAL PATENTS VIS-À-VIS PUBLIC HEALTH:  BALANCING PATENT RIGHTS AND ACCESS TO MEDICINES IN INDIA

AUTHOR – VANSHITA SRIVASTAVA* & DR. SHOVA DEVI**

* STUDENT OF MASTER OF LAWS (LL.M.)( BUSINESS LAW), AMITY UNIVERSITY, LUCKNOW

** ASSISTANT PROFESSOR, AMITY LAW SCHOOL, LUCKNOW

BEST CITATION – VANSHITA SRIVASTAVA & DR. SHOVA DEVI, PHARMACEUTICAL PATENTS VIS-À-VIS PUBLIC HEALTH:  BALANCING PATENT RIGHTS AND ACCESS TO MEDICINES IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (6) OF 2026, PG. 528-541, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Pharmaceutical patents play a significant role in promoting research and innovation in the healthcare sector by granting exclusive rights to inventors for a limited period. However, these rights often lead to high prices of medicines, which can restrict access for a large section of the population, especially in developing countries like India. This creates a serious conflict between the protection of patent rights and the need to ensure public health. This paper examines how India has attempted to strike a balance between these two competing interests through its legal and policy framework.

The study focuses on the provisions of the Patents Act, 1970, particularly Section 3(d), which prevents the practice of evergreening by disallowing patents on minor modifications of existing drugs unless they show significant improvement in efficacy. It also discusses the concept of compulsory licensing, which enables the production of affordable generic medicines in cases where patented drugs are not reasonably accessible to the public. The role of the judiciary is also highlighted through important decisions that have supported the principle of access to medicines over strict patent protection.

Further, the paper analyzes the impact of international agreements like TRIPS on India’s patent system and the challenges posed by global pressure to adopt stricter intellectual property standards. It concludes that while patent protection is essential for encouraging innovation, it should not come at the cost of public health. India’s approach reflects a balanced model, but continuous efforts are required to ensure that essential medicines remain accessible and affordable to all sections of society.

Keywords : Pharmaceutical Patents, Public Health, Access to Medicines, Patent Law, Section 3(d), Compulsory Licensing, TRIPS Agreement, Generic Medicines, India