Rules 110 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.
Rule 110 sets out the qualifying examination a person must pass to become a patent agent: a written test and a viva voce, with two papers and fixed marks. Rule 111 provides for entry in the register and a certificate, and rule 111A for a duplicate certificate. The Patents (Amendment) Rules, 2024 changed the contents of both papers.
The qualifying examination has Paper I (100 marks), Paper II (100 marks) and a viva voce (50 marks). A candidate needs at least fifty marks in each of Paper I and Paper II and an aggregate of sixty per cent of the total marks to pass. Since March 2024 Paper I covers the Patents Act, 1970, the Patents Rules, 2003, the Designs Act, 2000 and the Designs Rules, 2001, and Paper II covers drafting and interpretation of patent specifications, design specifications and other documents. After passing, the Controller enters the name in the register and issues a certificate on receipt of the First Schedule fee; a duplicate is possible on a request with a statement.
The Act behind these rules
Rule 110(1) refers to clause (c)(ii) of sub-section (1) of section 126 of the Patents Act, 1970, which is the qualifying-examination route to registration. For the section see Section 126: qualifications for registration as patent agents. The register itself and the application for registration are covered in our article on Rules 108-109. Our general post on who can practise as a patent agent gives the wider picture, and our legal consultation service can help if you are choosing an agent for a filing.
Rule 110: the qualifying examination
Sub-rule (1): written test and viva voce
The qualifying examination shall consist of a written test and a viva voce examination.
Sub-rule (2): papers and marks, as amended in 2024
| Component | Marks | Subject as amended in 2024 |
|---|---|---|
| Paper I | 100 | The Patents Act, 1970 (39 of 1970), The Patents Rules, 2003, The Designs Act, 2000 (16 of 2000) and The Designs Rules, 2001 |
| Paper II | 100 | Drafting and interpretation of patent specifications, design specifications and other documents |
| Viva voce | 50 | (no subject stated) |
| Total | 250 |
Before 2024, Paper I was described as "Patents Act and Rules" and Paper II as "Drafting and interpretation of patent specifications and other documents". The Patents (Amendment) Rules, 2024 (G.S.R. 211(E), 15 March 2024) substituted the longer wording for the first and added the words "design specifications" in the second. The total of 250 is our arithmetic from the three figures printed in the rule; the rule itself does not state a total.
The designs addition means a candidate has to prepare for two statutes now. If you want to read about the second one, our overview post on the Designs Act, 2000 and industrial design protection is a starting point. The rule does not say how many questions each paper has, how long the papers run, or how the viva is conducted; these are not in the text.
Sub-rule (3): passing
A candidate must secure a minimum of fifty marks in Paper I and Paper II and "shall be declared to have passed the examination only, if he obtains an aggregate of sixty percent of the total marks". Two tests apply together:
- at least fifty marks in each of Paper I and Paper II (the wording "in paper I and paper II" is naturally read as each paper); and
- an aggregate of sixty per cent of the total marks.
Taking the total as 250, sixty per cent is 150 marks. A candidate who scores 49 in Paper II fails even if the aggregate is above 150; and a candidate with 55 and 55 in the two papers still needs enough from the viva to reach 150. The rule does not set a minimum for the viva.
Rule 111: registration
After a candidate passes the qualifying examination under rule 110, and after obtaining any further information which the Controller considers necessary, he shall, on receipt of the fee specified therefor in the First Schedule, enter the candidate's name in the register of patent agents and issue to him a certificate of registration as a patent agent.
Three points from the text:
- the Controller "shall" enter the name: there is no discretion once the conditions are met;
- the "further information" is for the Controller to decide; and
- the fee is in the First Schedule. The patent-agent fee entries are discussed in our article on Rules 112-115, with amounts taken from the First Schedule as substituted in 2024.
Rule 111A: duplicate certificate
The Controller may issue a duplicate certificate of registration as patent agent on a request made by the person so registered, along with the fee specified in the First Schedule, and the request must contain a statement setting out the circumstances in which the original certificate issued under rule 111 was lost, destroyed and cannot be produced.
Compare the word "may" here with "shall" in rule 111: the duplicate is a matter of the Controller's discretion. The rule does not name a form for the request, and the Second Schedule list of forms has no form for it.
Where this sits in the registration path
| Step | Rule | Notes |
|---|---|---|
| Request to appear in the examination | 109(3) | With First Schedule fee, within period in the announcement |
| Written test and viva voce | 110(1) | Two papers and a viva |
| Pass marks | 110(3) | 50 in each paper; 60 per cent aggregate |
| Registration and certificate | 111 | On receipt of the fee; after any further information |
| Duplicate certificate | 111A | Request, fee and statement of loss or destruction |
Practical example
Tanvi Sharma applies to take the examination, and in the announced session scores 62 in Paper I, 58 in Paper II and 35 in the viva. Her aggregate is 155, which is above 150 (sixty per cent of 250), and she has crossed fifty in each paper. She has passed. After the Controller obtains any further information he wants, and Tanvi pays the First Schedule fee, he enters her name in the register and issues her certificate. Two years later the certificate is damaged in a flood; she writes to the Controller with the fee and a statement of how it was lost or destroyed and why she cannot produce it, and the Controller may then issue a duplicate.
Need help understanding who can act for you?
If you are an applicant rather than a candidate, the point of these rules is that your agent has passed a defined test. For help choosing and instructing an agent, see our legal consultation service.
Key takeaways
- The examination has Paper I (100), Paper II (100) and a viva voce (50).
- Since the March 2024 amendment, Paper I includes the Designs Act, 2000 and Designs Rules, 2001, and Paper II includes design specifications.
- Pass: at least fifty marks in Paper I and in Paper II, and an aggregate of sixty per cent of the total marks.
- After passing, the Controller enters the name and issues a certificate on receipt of the First Schedule fee.
- A duplicate certificate needs a request, the fee and a statement of the circumstances of loss or destruction.
- The text is the Rules as amended up to the Patents (Second Amendment) Rules, 2024; later amendments should be checked.
Read next
- Rules 108–109: register of patent agents and application for registration
- Rules 112–115: registration under section 126(2), disqualifications and fees
- Rules 116–117: removal and restoration of name in the register of patent agents
- 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.