Rules 112 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.
Rules 112 to 115 cover the second route into the register of patent agents (persons entitled under sub-section (2) of section 126), the list of disqualifications from registration, and the fees that keep a name on the register. The fee amounts below are from the First Schedule as substituted in 2024.
A person entitled to be registered under section 126(2) applies in Form 22 (rule 112); the Controller may enter the name if satisfied that the conditions of section 126(2) are met (rule 113). Rule 114 lists six disqualifications: unsound mind, undischarged insolvent, discharged insolvent without the court's certificate, imprisonment conviction, professional misconduct as a legal practitioner, and negligence or misconduct as a chartered accountant. Staying on the register depends on paying the annual fee (rule 115). As per the First Schedule as substituted in 2024, the registration application costs Rs 3200 for e-filing and Rs 3500 for physical filing.
The Act behind these rules
Section 126 of the Patents Act, 1970 sets the qualifications for registration as a patent agent; see Section 126: qualifications for registration as patent agents. Rule 110 handles the qualifying-examination route (clause (c)(ii) of section 126(1)); our article on Rules 110-111A covers it. Rules 112 and 113 handle the route through sub-section (2) of section 126, and the two routes meet at the same register described in Rules 108-109.
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Rule 112: the application under section 126(2)
An application by a person entitled to be registered as a patent agent under sub-section (2) of section 126 "shall also be made in Form 22". The word "also" links it to rule 109(1): the same form serves both the examination route and the sub-section (2) route. The Second Schedule list of forms ties Form 22 to "Rules 109(1) and 112". The text of the form is not printed in the Rules, so we do not describe its fields.
Rule 113: the Controller's power to register
On receipt of an application under rule 112, the Controller may, if he is satisfied that the person fulfils the conditions specified in sub-section (2) of section 126, enter the person's name in the register of patent agents.
Compare this with rule 111, where the Controller "shall" enter the name of a candidate who has passed the examination. Rule 113 uses "may" and makes the entry depend on his satisfaction. The Rules do not say what material he looks at, nor that he must hold a hearing before refusing; the text is silent on both.
Rule 114: disqualifications
A person shall not be eligible to be registered as a patent agent 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) | being a legal practitioner, has been guilty of professional misconduct |
| (vi) | being a chartered accountant, has been guilty of negligence or misconduct |
Clauses (i) to (iv) match the first four disqualifications for the roll of scientific advisers in rule 103A (see our article on Rules 103-107). Clauses (v) and (vi) are profession-specific: the misconduct bar attaches to a legal practitioner, and a chartered accountant is barred for negligence or misconduct. A person who is neither is not caught by (v) or (vi) as worded.
Rule 115: payment of fees
The continuance of a person's name in the register of patent agents "shall be subject to the payment of the fees specified therefor in the First Schedule". Failure carries a consequence under rule 116(1)(d): the Controller may delete the name of an agent who has defaulted in paying the fees by more than three months after they are due. That removal is the subject of our article on Rules 116-117.
Fees: entries 34 to 36
As per the First Schedule as substituted in 2024 (Patents (Amendment) Rules, 2024, G.S.R. 211(E)), Table I, the agent heads are payable by natural persons; the column for "Other(s)" reads "Not applicable". The rupee amounts are:
| Entry | Head | Form | E-filing | Physical filing |
|---|---|---|---|---|
| 34 | Application for registration as a patent agent under rule 109(1) or rule 112 | 22 | 3200 | 3500 |
| 35 | Request for appearing in the qualifying examination under rule 109(3) | - | 1600 | 1750 |
| 36(i) | Continuance of name in the register: 1st year, paid along with registration | - | 800 | 880 |
| 36(ii) | Continuance: every year excluding the 1st year, to be paid on the 1st April in each year | - | 800 | 880 |
| 37 | Application for duplicate certificate of patent agent under rule 111A | - | 1600 | 1750 |
The table's columns for e-filing and physical filing are both populated for these heads, so physical filing is not marked "Not allowed". Entry 36 prints its first clause without the label "(i)" and begins "for the 1st year", while clause (ii) is labelled; this is as printed.
The text does not say what happens to the amounts if the 1st April date falls on a holiday, and it does not link the fees to a particular financial year beyond the words "on the 1st April in each year".
Putting the rules together
- A person qualifies either by examination (rule 110) or under section 126(2) (rule 112), and applies in Form 22 (rules 109(1), 112).
- For the examination route, the Controller registers on receipt of the fee after the candidate passes (rule 111). For the section 126(2) route, he may register if satisfied (rule 113).
- At either point, the rule 114 bars apply: a person falling in any of the six clauses is not eligible.
- Once registered, the name continues on payment of the First Schedule fees (rule 115), failing which it can be deleted after three months' default (rule 116(1)(d)).
Practical example
Mr Imran Qureshi is a legal practitioner who applies in Form 22 under rule 112 as a person entitled under section 126(2) and pays the fee for e-filing, Rs 3200 as per the First Schedule as substituted in 2024. The Controller examines whether he meets the conditions in section 126(2). Before deciding, he also checks rule 114: if a competent body has found Mr Qureshi guilty of professional misconduct as a legal practitioner, clause (v) bars him from registration. If he is cleared, his name is entered and the first-year continuance fee of Rs 800 (entry 36(i)) is paid along with registration. After that, Rs 800 is due on 1 April each year, and if it stays unpaid for more than three months after the due date, his name is liable to be removed.
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Key takeaways
- Rule 112 requires Form 22 for persons entitled under section 126(2); rule 113 gives the Controller a discretion to register if satisfied.
- Rule 114 lists six disqualifications, including profession-specific bars for legal practitioners and chartered accountants.
- Staying on the register depends on paying First Schedule fees (rule 115).
- Fee entries 34 to 36 (and 37 for the duplicate certificate) apply to natural persons only; the "Other(s)" column is "Not applicable".
- Amounts are as per the First Schedule as substituted in 2024; later changes should be checked.
- 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 116–117: removal and restoration of name in the register of patent agents
- Rules 103–107: roll of scientific advisers
- 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.