Rules 108 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 XV of the Patents Rules, 2003 deals with patent agents. Rule 108 lists what the register of patent agents must contain and who may handle it; rule 109 says that a person who wants to be registered applies in Form 22 and, if he wants to sit the qualifying examination, makes a separate request with a fee.
The register of patent agents under section 125 records the agent's name, nationality, principal place of business, branch offices, qualifications, date of registration, renewal details and anything else the Controller specifies, along with specimen signatures and photographs. Where the register is electronic, only persons authorised by the Controller may enter or change anything. A person who wants to be registered applies in Form 22 (rule 109(1)) and furnishes any other information the Controller requires. A person who wants to take the qualifying examination under rule 110 makes a request with the First Schedule fee within the period in the announcement.
The Act behind these rules
Section 125 of the Patents Act, 1970 requires the register of patent agents, and section 126 sets out who may be registered; see our guides on Section 125: register of patent agents and Section 126: qualifications for registration as patent agents. For a plain-language overview of who may practise before the Patent Office, see our post on who can practise as a patent agent and how to register.
Patent agents appear before the Controller for applicants, so the register matters to anyone choosing one. If you are an applicant looking for professional help with a filing, see our legal consultation service.
Rule 108: what the register contains
Sub-rule (1): the particulars
The register maintained under section 125 shall contain, for every registered patent agent:
- name;
- nationality;
- address of the principal place of business;
- addresses of branch offices, if any;
- qualifications;
- date of registration;
- details of renewal of registration; and
- any other particulars so specified by the Controller.
Sub-rule (2): electronic register and who may touch it
The text speaks of the register being "in computer floppies, diskettes or any other electronic form". In that case it must be maintained and accessed only by a person duly authorised by the Controller, and no entry, alteration or rectification of any entry may be made by anyone not so authorised. The reference to floppies and diskettes is old wording that remains in the rule; the principle, that only authorised persons edit an electronic register, applies to any electronic form.
Sub-rule (3): branch offices, signatures and photographs
- Clause (i): copies of the register of patent agents are maintained in each of the branch offices.
- Clause (ii): the register also contains the specimen signatures and photographs of the persons registered as patent agents.
The effect of clause (i) is that a person in one of the branch-office cities can look at the register without going to the head office; the rule does not say how a copy is to be kept up to date between updates.
Rule 109: application for registration
Sub-rule (1): Form 22
Every person who desires to be registered as a patent agent shall make an application in Form 22. The text of Form 22 is not printed in the Rules as published, so we do not describe its fields; download the current form from the Patent Office.
Sub-rule (2): other information
The applicant shall furnish such other information as the Controller may require. The rule does not list what that information is; the Controller decides.
Sub-rule (3): request to sit the qualifying examination
A person who wants to appear in the qualifying examination under rule 110 shall make a request to the Controller along with the fee specified in the First Schedule, after the examination is announced and within the period specified in the announcement. Three things follow from this wording:
- the request cannot be made before the announcement;
- the period is not fixed by the rule: it is whatever the announcement says; and
- the fee is carried in the First Schedule. We deal with the fee entries for patent agents in our article on Rules 112-115, and the amounts themselves should be taken from Table I of the First Schedule as substituted in 2024.
How rules 108 and 109 fit with the rest of Chapter XV
| Step | Rule | What it does |
|---|---|---|
| Qualifying examination | Rule 110 | Written test and viva voce; papers and marks |
| Request to sit the examination | Rule 109(3) | Request with First Schedule fee within announced period |
| Application for registration | Rule 109(1), (2) | Form 22 plus other information the Controller requires |
| Registration | Rule 111 | After passing, the Controller enters the name and issues a certificate on receipt of the fee |
| The register | Rule 108 | Particulars, electronic access, branch copies, signatures and photographs |
Our article on Rules 110-111A covers the examination and the certificate. Rule 109(1) does not say that the application in Form 22 must come before or after passing the examination, and the order is not spelled out in the sub-rule; rule 111 shows that the name is entered after the candidate passes the examination and after any further information the Controller considers necessary.
What has changed in 2024
The sources show no change to rules 108 or 109 in the Patents (Amendment) Rules, 2024 or the Patents (Second Amendment) Rules, 2024. Rule 110(2), which sets the examination papers, was amended and is explained in the article on rules 110 to 111A.
Practical example
Rahul Verma, a science graduate, wants to become a patent agent. When the Patent Office announces the qualifying examination, he sends a request to the Controller with the First Schedule fee within the period stated in the announcement (rule 109(3)). Separately, rule 109(1) requires that anyone who wishes to be registered applies in Form 22; he also furnishes whatever other information the Controller asks for. Once he passes and the Controller is satisfied, his name will be entered in the register with the particulars in rule 108(1), including his specimen signature and photograph. If the Patent Office keeps the register in electronic form, only an officer authorised by the Controller can add the entry.
Need help choosing a patent agent or preparing a filing?
Most applicants meet this chapter as clients, not applicants: they need to know that the person signing their documents is registered. If you want help with that choice or with the filing itself, our team can speak to you under our legal consultation service.
Key takeaways
- The register under section 125 contains name, nationality, business address, branch offices, qualifications, registration date and renewal details, plus specimen signature and photograph.
- An electronic register may be maintained, accessed and changed only by persons authorised by the Controller.
- Copies of the register are kept in each branch office.
- Registration starts with an application in Form 22 (rule 109(1)).
- The request to sit the qualifying examination goes with the First Schedule fee, within the period in the announcement.
- The sources show no 2024 change to these two rules.
- The text is the Rules as amended up to the Patents (Second Amendment) Rules, 2024; later amendments should be checked.
Read next
- Rules 110–111A: patent agent examination, registration and duplicate certificate
- Rules 112–115: registration under section 126(2), disqualifications and fees
- Rules 107D–107L: appeal, service, extension of time and orders
- Who can practise as a patent agent
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.