Rules 118 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 118 to 120 close the patent agent chapter. A registered agent may apply to change the particulars in the register (rule 118), the Controller may refuse to recognise a person as an agent after a show-cause process (rule 119), and the names and addresses of registered agents are to be published from time to time (rule 120).
A patent agent can apply to alter his name, address of principal place of business, branch offices, qualifications, e-mail address, telephone number, fax number or other particulars in the register; on receipt of the application and the First Schedule fee the Controller shall make the alteration, and every alteration is published. If the Controller thinks a person should not be recognised as a patent agent in a particular business under the Act, he must give his reasons, ask the person to show cause, consider the reply, hear him and only then pass such orders as he deems fit. Names and addresses of registered agents are published from time to time.
The Act behind these rules
Rule 118 refers to the particulars entered under sub-section (1) of section 125 of the Patents Act, 1970; see Section 125: register of patent agents. Rule 119 implements sub-section (1) of section 131; see Sections 131-132: the Controller's power to refuse agents and savings for other authorised persons. The contents of the register are in our article on Rules 108-109.
For practical help in dealing with an agent or the register, see our legal consultation service.
Rule 118: alteration of particulars in the register
Sub-rule (1): what can be altered and how
A patent agent may apply for alteration of:
- his name;
- the address of his principal place of business and branch offices, if any;
- the qualifications entered in the register;
- e-mail address, telephone number, fax number; or
- "any other particulars under sub-section (1) of section 125".
On receipt of the application and the fee specified in the First Schedule for such a request, the Controller "shall cause the necessary alterations to be made". The word "shall" matters: once the application and fee are in, the rule gives no discretion to refuse. The rule does not name a form number, and the Second Schedule list of forms has no form for this request.
Sub-rule (2): publication
Every alteration made in the register of patent agents shall be published. The rule does not say where or in what manner; it says only "published". Compare rule 117(3), where restoration of a name is published on the official website.
The fee for alteration
As per the First Schedule as substituted in 2024, Table I, entry 25 covers an application for alteration of an entry in the register of patents or the register of patent agents under rules 94(1) or 118(1):
| Mode | Natural person or startup or small entity or educational institution | Others |
|---|---|---|
| E-filing | Rs 320 | Rs 1600 |
| Physical filing | Rs 350 | Rs 1750 |
Both modes are allowed. A patent agent applying in his own name is a natural person, so the left-hand column applies; the "Others" column would apply to a body that is not one of those named in the heading, for example when the same entry is used for the register of patents. We state the amounts here only for the register of patent agents, which is what rule 118 concerns.
Rule 119: refusal to recognise as patent agent
Section 131(1) lets the Controller refuse to recognise a person as a patent agent in respect of any business under the Act. Rule 119 prescribes how he must go about it. If the Controller is of the opinion that any person should not be recognised as a patent agent in respect of any business under the Act:
- he must communicate his reasons to that person;
- he must direct the person to show cause why he should not refuse to recognise him as such agent, within such time as he may allow;
- he must consider the person's reply, if any;
- he must give the person an opportunity of being heard; and
- only then may he pass "such orders as he may deem fit".
The sequence is: reasons, show-cause with a time limit set by the Controller, reply, hearing, order. The rule does not fix the length of the show-cause period; the Controller allows what time he considers right. It also does not say that the order must be in writing or must state reasons, although a decision made after a reasoned notice and a hearing would ordinarily be recorded; the text is silent, and we do not add to it.
Note that the rule speaks of refusing to recognise a person "as a patent agent in respect of any business under the Act". It is not the same as removal from the register under section 130, which rule 116 deals with. Recognition for a given business is a narrower question than registration. See our article on Rules 116-117 for removal.
Rule 120: publication of names
"The names and addresses of persons registered as patent agents shall from time to time be published." The rule fixes no interval and no medium. It means the public can find out who is registered, which is useful when you are choosing someone to file for you or checking the person who has signed your documents.
How the three rules compare
| Rule | Who acts | Trigger | Key safeguard or duty |
|---|---|---|---|
| 118 | Patent agent applies; Controller alters | Application with First Schedule fee | Controller "shall" alter; alterations published |
| 119 | Controller | His opinion that a person should not be recognised for a business under the Act | Reasons, show cause, reply, hearing |
| 120 | Controller | Periodic duty | Names and addresses published from time to time |
What changed in 2024
The sources show no change to rules 118, 119 or 120 in the Patents (Amendment) Rules, 2024 or the Patents (Second Amendment) Rules, 2024. The alteration fee in entry 25 comes from the table substituted in 2024.
Practical example
Mr Kabir Anand, a registered patent agent, moves his principal place of business to a new address and opens a branch office. He applies to the Controller to alter these particulars in the register and pays the entry 25 fee as a natural person (Rs 320 if he files electronically). The Controller causes the alteration to be made and the alteration is published. Separately, if the Controller formed the opinion that another person, Ms Shalini Rao, should not be recognised as an agent in a particular matter, he would first write to her with his reasons, allow her time to show cause, consider her reply and hear her, and only then pass his order.
Need help checking an agent or a register entry?
Applicants often ask whether the person acting for them is on the register and whether the particulars are current. Our legal consultation team can help you check this and plan next steps.
Key takeaways
- Under rule 118 a patent agent applies to alter register particulars; with the fee, the Controller shall make the alteration, and it is published.
- As per the First Schedule as substituted in 2024, entry 25: Rs 320 (e-filing) or Rs 350 (physical) for a natural person; Rs 1600 or Rs 1750 for others.
- Rule 119 requires reasons, a show-cause direction with a time limit, consideration of the reply and a hearing before refusal to recognise.
- Rule 120 requires names and addresses of registered patent agents to be published from time to time.
- The text is the Rules as amended up to the Patents (Second Amendment) Rules, 2024; later amendments should be checked.
Read next
- Rules 116–117: removal and restoration of name in the register of patent agents
- Rules 121–125: convention documents, communications and correction of clerical errors
- Rules 108–109: register of patent agents and application for registration
- 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.