Section 84(6)(iv) in The Patents (Amendment) Act, 2002
(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.