Rules 103 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.
Chapter XIV of the Patents Rules, 2003 sets up the roll of scientific advisers that the Controller keeps for the purpose of section 115 of the Patents Act, 1970. Rules 103 to 107 say who can be on the roll, who cannot, how a person applies, when the Controller may add or relax, and when a name can be taken off.
The Controller maintains a roll of scientific advisers, updated annually. To qualify, a person needs a degree in science, engineering or technology (or equivalent), at least fifteen years of technical, practical or research experience, and a responsible post in a scientific or technical department of the Central or State Government or in any organisation. Rule 103A lists five disqualifications. Any interested person applies by furnishing bio-data (rule 104). The Controller may add a name on his own inquiry (rule 105), relax the qualifications by a reasoned order (rule 106) and remove a name on the grounds listed in rule 107.
Where these rules sit in the Act
Section 115 of the Patents Act, 1970 deals with scientific advisers; our guide on Sections 113-115 of the Patents Act, 1970 explains the section itself. The Rules do not describe the adviser's role in a proceeding. They do one job only: they tell the Controller how to build and keep the roll from which advisers are drawn. Rule 103(1) says the roll is maintained "for the purpose of section 115".
This is a small chapter, and it matters mostly to two groups: technical professionals who want their names on the roll, and parties or advocates who want to understand who can be called on as a scientific adviser in a patent dispute. If you are preparing for a contested matter, see our support page on legal dispute resolution for how we help with patent proceedings.
Rule 103: the roll and who qualifies
Sub-rule (1). The Controller must maintain a roll of scientific advisers. The roll "shall be updated annually". For each adviser it contains:
- name and address;
- specimen signature and photograph;
- designation;
- information on educational qualifications;
- disciplines of specialisation; and
- technical, practical and research experience.
Sub-rule (2). A person is qualified to have his name entered if he:
- holds a degree in science, engineering or technology or equivalent;
- has at least fifteen years' technical, practical or research experience; and
- holds or has held a responsible post in a scientific or technical department of the Central or State Government or in any organisation.
The three clauses are joined by "and", so all three must be met. The third clause is wide: "any organisation" is not limited to government bodies. The text does not define "responsible post" or "equivalent" degree, so the Controller's view on those words has to be read from what he decides in a given case; the Rules are silent on them.
Rule 103A: who is not eligible
A person is not eligible for inclusion in the roll if he:
| Clause | Disqualification |
|---|---|
| (i) | has been adjudged by a competent court to be of unsound mind |
| (ii) | is an undischarged insolvent |
| (iii) | being a discharged insolvent, has not obtained from the court a certificate that his insolvency was caused by misfortune without any misconduct on his part |
| (iv) | has been convicted by a competent court, whether within or outside India, of an offence to undergo a term of imprisonment, unless the offence has been pardoned or the Central Government, on his application, has by order removed the disability |
| (v) | has been guilty of professional misconduct |
Two points are worth noticing. Clause (iv) reaches convictions outside India as well as within it. And the only escape from a conviction-based bar is a pardon or an order of the Central Government removing the disability on the person's application; the Controller has no power to waive it under rule 106, because rule 106 relaxes only the qualifications in rule 103(2), not the disqualifications in rule 103A.
Rule 104: how to apply
Any interested person may apply to the Controller for inclusion of his name in the roll by furnishing his bio-data. The rule names no form number, no fee and no mode of application, so the text is silent on all three; check the Patent Office's current instructions before sending bio-data.
Note that the roll carries specimen signatures and photographs (rule 103(1)), but rule 104 itself asks only for bio-data and does not say what else is to accompany it.
Rule 105: names added on the Controller's own inquiry
Rule 105 starts with "notwithstanding anything contained in rules 103 and 104". The Controller may enter the name of any person in the roll if, "after such inquiry as he deems fit", he is of the opinion that the person should be entered. So the roll is not limited to people who applied under rule 104 and who meet rule 103(2). The rule gives the Controller a discretion, but it does not say it overrides rule 103A, and the disqualifications there are phrased as bars on eligibility.
Rule 106: power to relax
Where the Controller thinks it necessary or expedient, he may, by order and for reasons recorded in writing, relax any of the qualifications in sub-rule (2) of rule 103 for a person, "if such person is otherwise well qualified". For example, an engineer with thirteen years in a research laboratory who has led a national programme might be considered for relaxation of the fifteen-year requirement. The name here is invented for illustration only: the rule does not say how much relaxation is acceptable, only that it must be recorded in writing.
Rule 107: removal from the roll
The Controller may remove a name if:
- (a) the person asks for removal;
- (b) the Controller is satisfied that the name was entered by error, or on account of misrepresentation or suppression of any material fact;
- (c) the person has been convicted of an offence and sentenced to imprisonment, or has been guilty of misconduct in his professional capacity, and the Controller is of the opinion that the name should be removed; or
- (d) the person is dead.
There is a proviso: except for clauses (a) and (d), the person must be given a reasonable opportunity of being heard before removal. Removal on the person's own request or on death therefore needs no hearing, but removal for error, misrepresentation, conviction or misconduct does. In clause (c) removal is not automatic on conviction: the Controller must also form the opinion that the name should go.
Practical example
Dr Meera Nair, a metallurgical engineer with a doctorate and nineteen years in a state-run materials laboratory, sends her bio-data to the Controller under rule 104. She meets all three limbs of rule 103(2) and none of the bars in rule 103A, so she is qualified to be entered. Years later, if a complaint shows that her entry was made on the strength of a suppressed fact, the Controller could remove her under rule 107(b), but only after giving her a reasonable opportunity of being heard.
Need help with a patent dispute?
If a matter before the Controller or the High Court turns on technical evidence, early preparation matters. Our team can look at the file with you and explain how the Rules and the Act apply; see our legal dispute resolution service.
Key takeaways
- The Controller keeps the roll of scientific advisers for section 115 and updates it annually (rule 103(1)).
- Three conditions apply together: a science, engineering or technology degree (or equivalent), at least fifteen years' experience, and a responsible post (rule 103(2)).
- Rule 103A bars persons of unsound mind, insolvents, certain convicts and persons guilty of professional misconduct.
- Rule 104 lets any interested person apply with bio-data; rule 105 lets the Controller enter a name after his own inquiry.
- Rule 106 allows relaxation of the rule 103(2) qualifications only by a written, reasoned order.
- Rule 107 allows removal on four grounds, with a hearing except on request or death.
- The text is the Rules as amended up to the Patents (Second Amendment) Rules, 2024; later amendments should be checked.
Read next
- Rules 100–102: revision and termination of compulsory licence
- Rules 107A–107C: adjudication of penalties, complaint and inquiry
- Rules 108–109: register of patent agents and application for registration
- Sections 113–115 of the Patents Act, 1970
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; check the official text before acting.