Form 26 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Form 26 is the form in which an applicant, patentee or other party authorises an agent to act for the purposes of the Patents Act, 1970 and the Patents Rules, 2003. Rule 135(1) allows the authorisation to be filed either in Form 26 or "in the form of a power of attorney", and fixes a period of three months from the filing of the application or document. Most filings are made through an agent, so this paper sits at the centre of the file. If you want an agent to file for you, our patent drafting and filing team prepares the authorisation with the application.
The authorisation of an agent "shall be filed in Form 26 or in the form of a power of attorney within a period of three months from the date of filing of such application or document, failing which no action shall be taken on such application or documents for further processing till such deficiency is removed" (rule 135(1)). Once it is filed, service on the agent is service on the person authorising him (rule 135(2)). Form 26 carries no fee (entry 47 of Table I). A patent agent files documents only electronically (rule 6(1A)).
The Act: sections 127, 128 and 132
Section 127 entitles every patent agent whose name is entered in the register to practise before the Controller and to prepare all documents, transact all business and discharge such other functions as may be prescribed in connection with any proceeding before the Controller. Section 128(1) says all applications and communications to the Controller may be signed by a patent agent authorised in writing by the person concerned. Section 132 says that nothing in the Chapter prohibits the applicant for a patent from drafting any specification or appearing or acting before the Controller, or an advocate who is not a patent agent from taking part in a hearing before the Controller on behalf of a party. The Second Schedule ties Form 26 to sections 127 and 132 and rule 135, titled as the form of authorisation of a patent agent or any person in a matter or proceeding under the Act. See sections 127 and 128 and sections 131 and 132.
Rule 135, sub-rule by sub-rule
| Sub-rule | What it prints |
|---|---|
| 135(1) | The authorisation of an agent for the purposes of the Act and the Rules is filed in Form 26 or in the form of a power of attorney within three months from the date of filing of the application or document; otherwise no action is taken on it for further processing until the deficiency is removed |
| 135(2) | Where an authorisation has been made, service upon the agent of any document relating to any proceeding or matter is deemed to be service upon the person so authorising him; communications may be addressed to the agent; appearances before the Controller may be made by or through the agent |
| 135(3) | Notwithstanding sub-rules (1) and (2), the Controller may, if considered necessary, require the personal signature or presence of an applicant, opponent or party |
Three points follow from the printed words. The period runs from the filing of the application or document, not from the date the agent was appointed. The stated consequence is that no action is taken for further processing until the deficiency is removed; the rule does not say the application is refused or abandoned. And rule 135 does not say who qualifies as an agent; that comes from the Act and the rules on registration. The rule-wise article is rule 135; for registration see our guide on who can practise as a patent agent.
Rule 5 proviso and rule 6(1A): two rules that apply where an agent acts
Rule 5 requires every person concerned in any proceedings, and every patentee, to furnish an address for service, including a postal address in India and an e-mail address, and says the Controller is under no obligation to proceed or deal with a proceeding or patent unless an address for service is given. The proviso adds that a patent agent shall also furnish to the Controller a mobile number registered in India.
Rule 6(1A) says that, notwithstanding rule 6(1), a patent agent shall file, leave, make or give all documents only by electronic transmission duly authenticated, and that any document asked to be submitted in original shall be submitted within a period of fifteen days, failing which it is deemed not to have been filed. See rules 5 and 6.
The form in the application papers
Paragraph 13 of the substituted Form 1 lists "Power of Authority" among the attachments, and paragraph 6 asks for the authorised registered patent agent's IN/PA number, name and mobile number. The text of Form 26 is not printed in the sources used for this article, so we do not describe its entries. See Form 1: application for grant of a patent.
Fee: entry 47 of Table I
As per the First Schedule as substituted in 2024, entry 47, on form of authorization of a patent agent (Form 26), reads "No fee" in all four columns: e-filing and physical filing, for a natural person, startup, small entity or educational institution and for others. Check the current Schedule for later changes. See patent fees by applicant category and filing mode.
Example
Asha Foods Pvt Ltd files an application on 10 January through a registered patent agent. The authorisation, in Form 26 or a power of attorney, must be on file by 10 April. After it is filed, a statement of objections sent to the agent counts as service on the company (rule 135(2)).
Applicant acting alone
Section 132 preserves the right of the applicant to draft the specification and to appear or act before the Controller, and an advocate who is not a patent agent may take part in a hearing on behalf of a party. Rule 135(1) speaks of "an agent" and the title of Form 26 of "any person" in a matter or proceeding. The Rules do not say more, and a doubtful case should be checked before filing. See also rules 108 and 109 for the register.
Common mistakes
- Treating the three months as running from the appointment of the agent; rule 135(1) counts from the filing of the application or document.
- Forgetting that a notice served on the agent is service on the applicant (rule 135(2)).
- Having the agent file on paper; rule 6(1A) requires electronic transmission.
Need help with the authorisation?
The authorisation, the address for service and the agent's details have to match across the papers. Our patent drafting and filing service files them together with Form 1 and the specification.
Key takeaways
- Form 26 or a power of attorney authorises the agent (rule 135(1)).
- The three months run from the date of filing of the application or document.
- Without the authorisation, no further processing takes place until the deficiency is removed.
- Service on the agent is service on the person authorising him (rule 135(2)).
- Form 26 carries no fee (entry 47).
Read next
- Form 1: application for grant of a patent
- Form 3: statement and undertaking on foreign applications
- Patent registration process in India
- Rules 108 and 109: register of patent agents
Disclaimer: Based on the Patents Rules, 2003 as consolidated up to 21 September 2021 and as amended by the Patents (Amendment) Rules, 2024 and the Patents (Second Amendment) Rules, 2024, as consulted on 2 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice.