Section 91(2) in The Patents (Amendment) Act, 2002
(2)No order under sub- section (1) shall be made unless the Controller is satisfied-(i)that the applicant is able and willing to grant, or procure the grant to the patentee and his licensees if they so desire, of a licence in respect of the other invention on reasonable terms; and(ii)that the other invention has made a substantial contribution to the establishment or development of commercial or industrial activities in the territory of India.
