Rules 116 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 116 lists the five situations in which the Controller may delete a patent agent's name from the register, and rule 117 lets a person whose name was removed under section 130(2) ask for it to be restored in Form 23 within two months. Together they decide how long a registration lasts and how it can be revived.
The Controller may delete an agent's name on request, on death, after removal under section 130(1), on default in the fees of rule 115 by more than three months after they are due, or if the agent ceases to be a citizen of India. Except for a request or death, the agent must first get a reasonable opportunity of being heard. Removal is published and, where relevant, communicated at once. To get the name back after removal under section 130(2), apply in Form 23 within two months of the removal; the restored name continues for one year from the date the last annual fee became due.
The Act behind these rules
Section 130 of the Patents Act, 1970 is the source of rule 116(1)(c) and of the restoration in rule 117; see Sections 129-130: restrictions on practice and removal from the register of patent agents. The register is described in Rules 108-109, and the annual fee that rule 116(1)(d) refers to is rule 115, covered in Rules 112-115.
If you rely on a patent agent, or you are one facing removal, our legal consultation service can help you understand the position.
Rule 116: removal of a name
Sub-rule (1): the grounds
The Controller may delete from the register the name of any patent agent:
| Clause | Ground |
|---|---|
| (a) | a request to that effect has been received from the agent |
| (b) | the agent is dead |
| (c) | the Controller has removed the name of a person under sub-section (1) of section 130 |
| (d) | he has defaulted in payment of the fees specified in rule 115, by more than three months after they are due |
| (e) | he ceases to be a citizen of India |
Proviso. Except under clause (a) and (b), before removing a name under this rule the person "shall be given a reasonable opportunity of being heard". That means the hearing requirement applies to clauses (c), (d) and (e).
Notice two things about the proviso:
- Clause (c) follows a removal by the Controller under section 130(1); the proviso, as worded, still requires a reasonable opportunity of being heard before the deletion under rule 116.
- Clause (d) turns on the fees in rule 115: the continuance fee in entry 36 of the First Schedule (as substituted in 2024, Rs 800 for e-filing and Rs 880 for physical filing, due on 1 April each year after the first). The "more than three months" is counted from the due date.
Sub-rule (2): publication and communication
The removal of any name from the register "shall be published and shall be, where relevant forthwith communicated to the person concerned". The words "where relevant" are not explained in the rule.
Rule 117: restoration
Sub-rule (1): Form 23 within two months
An application for restoration of the name of any person removed from the register under sub-section (2) of section 130 shall be made in Form 23 within two months from the date of the removal.
Rule 117 speaks only of removal under sub-section (2) of section 130; rule 116 uses sub-section (1). The text does not say whether a name removed on another ground, such as the fee default in rule 116(1)(d), can be restored under rule 117, and we do not read the rule as giving a general right of restoration. The Second Schedule list of forms ties Form 23 to "Section 130(2) and rule 117(1)", which matches.
Sub-rule (2): how long the restored name continues
If the name is restored, it "shall be continued therein for a period of one year from the date on which his last annual fee became due".
Sub-rule (3): communication and publication
The restoration shall be communicated to the patent agent and also published on the official website.
The fee for restoration
As per the First Schedule as substituted in 2024, Table I, entry 38 (application for restoration of the name of a person in the register of patent agents under rule 117(1)):
| Item | Form | E-filing | Physical filing | Others |
|---|---|---|---|---|
| Entry 38 | 23 | Rs 1600 (plus continuation fee under entry number 36) | Rs 1750 (plus continuation fee under entry number 36) | Not applicable |
Both modes are allowed. The "Other(s)" columns read "Not applicable", because patent agents are natural persons. Entry 36's continuation fee, in the same table, is Rs 800 for e-filing and Rs 880 for physical filing.
Removal and restoration at a glance
| Question | Answer | Rule |
|---|---|---|
| Who removes a name? | The Controller | 116(1) |
| Is a hearing needed? | Yes, except on request or death | 116(1) proviso |
| Is removal published? | Yes; also communicated forthwith where relevant | 116(2) |
| How do I restore a name removed under s.130(2)? | Form 23 | 117(1) |
| Time limit | Two months from the removal | 117(1) |
| How long does a restored name last? | One year from the date the last annual fee became due | 117(2) |
| Is restoration announced? | Communicated to the agent and published on the official website | 117(3) |
What the Rules leave silent
- The rules do not say what an agent should do about pending proceedings if the name is removed.
- They do not set a period within which the Controller must decide a restoration application.
- They do not say whether the two months can be extended. A general power to extend time exists in rule 138 as substituted in 2024, but the rules do not tie it to rule 117; see Rule 138: extension of time and condonation of delay for what that power covers and whether it applies to a given period.
Practical example
Ms Pooja Iyer, a registered patent agent, does not pay her annual continuance fee that fell due on 1 April. Four months later, the Controller issues a notice saying he proposes to delete her name under rule 116(1)(d) and gives her a hearing date, as the proviso requires. If she does not satisfy him, her name is deleted, the deletion is published and the Controller communicates it to her. Had her name been removed under section 130(2) instead, she could apply for restoration in Form 23 within two months of removal, paying Rs 1600 (e-filing) plus the continuation fee in entry 36, and a restored name would continue for one year from the date her last annual fee became due.
Need help with the patent agent register?
Whether you are checking that your agent is on the register or dealing with a removal yourself, early advice helps because the restoration window is short. Our legal consultation team can review your position and the documents.
Key takeaways
- Rule 116(1) allows deletion on request, death, removal under section 130(1), fee default of more than three months, or loss of Indian citizenship.
- A hearing is required except on request or death.
- Removal is published and, where relevant, communicated forthwith.
- Restoration after removal under section 130(2) is by Form 23 within two months.
- A restored name continues for one year from the date the last annual fee became due.
- Entry 38 of the First Schedule (as substituted in 2024): Rs 1600 e-filing, Rs 1750 physical, plus the entry 36 continuation fee.
- The text is the Rules as amended up to the Patents (Second Amendment) Rules, 2024; later amendments should be checked.
Read next
- Rules 112–115: registration under section 126(2), disqualifications and fees
- Rules 118–120: alteration, refusal to recognise and publication of patent agents
- Rule 138: extension of time and condonation of delay
- 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.