Patents Act, 1970
85. Matters to be taken into account in granting compulsory licenses
In determining whether or not to make an order in pursuance of an application filed under section 84, 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, but shall not be required to take into account matters subsequent to the making of the application.