Section 84(6) in The Patents (Amendment) Act, 2002
(6)In considering the application filed under this section, the Controller shall take into account,-(i) the nature of the invention, the time which has elapsed since the sealing of the patent and the measures already taken by the patentee or any licensee to make full use of the invention;(ii)the ability of the applicant to work the invention to the public advantage;(iii)the capacity of the applicant to undertake the risk in providing capital and working the invention, if the application were granted;(iv)as to whether the applicant has made efforts to obtain a licence from the patentee on reasonable terms and conditions and such efforts have not been successful within a reasonable period as the Controller may deem fit: Provided that this clause shall not be applicable in case of national emergency or other circumstances of extreme urgency or in case of public non- commercial use or on establishment of a ground of anti- competitive practices adopted by the patentee, but shall not be required to take into account matters subsequent to the making of the application.
