Rule 135 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 135 deals with the person who acts for you before the Patent Office. It requires the authorisation of the agent in Form 26 or a power of attorney, filed within three months, makes service on the agent service on you, and keeps the Controller's power to call the party personally.
The authorisation of an agent must be filed in Form 26 or in the form of a power of attorney within three months from the date of filing of the application or document; until the deficiency is removed, no action is taken for further processing (rule 135(1)). Once authorised, service on the agent is service on the person, communications may be addressed to the agent and appearances may be made by or through the agent (rule 135(2)). The Controller may nevertheless require the personal signature or presence of an applicant, opponent or party (rule 135(3)). Form 26 carries no fee in the First Schedule as substituted in 2024.
The Act behind this rule
Rule 135 implements sections 127 and 132 of the Patents Act, 1970; see Sections 127-128: rights of patent agents and subscription of documents and Sections 131-132: the Controller's power to refuse agents and savings for other authorised persons. The Second Schedule list of forms ties Form 26 to "Sections 127, 132 and rule 135", titled "Form of authorisation of a Patent Agent / or any person in a matter or proceeding under the Act".
Most applicants file through an agent, so the authorisation sits at the centre of the filing. Our patent drafting and filing service handles this paperwork with the application. For a short how-to on the form, see our post on Form 26, power of attorney to a patent agent; the Rules govern when the two differ.
Sub-rule (1): Form 26 or a power of attorney, within three months
"The authorisation of an agent for the purposes of the Act and these rules shall be filed in Form 26 or in the form of a power of attorney within a period of three months from the date of filing of such application or document, failing which no action shall be taken on such application or documents for further processing till such deficiency is removed."
Points to note:
- Two alternatives. Form 26, or a power of attorney. The rule does not say that a power of attorney must follow a particular text.
- Three months from filing. The period runs from the date the application or document was filed, not from the date of appointment.
- The consequence is a freeze, not a rejection. The Controller takes no action "for further processing" until the deficiency is removed. The rule does not say the application is abandoned or refused.
- Any person. The Second Schedule title covers "any person" authorised in a matter or proceeding, not only a registered patent agent. The rule itself speaks of "an agent".
Sub-rule (2): effect of authorisation
Where an authorisation has been made under sub-rule (1):
- service upon the agent of any document relating to any proceeding or matter under the Act or the Rules shall be deemed to be service upon the person so authorising him;
- all communications directed to be made to a person in respect of any proceeding or matter may be addressed to the agent; and
- all appearances before the Controller relating to it may be made by or through the agent.
The practical effect of clause 1 is that a notice sent to your agent starts the clock for you, even if you never see it. Make sure your agent forwards communications promptly, and read this together with the rules on service in our article on Rules 5-6.
Sub-rule (3): the Controller may call the party
"Notwithstanding anything contained in sub-rule (1) and (2), the Controller may, if it is considered necessary, require the personal signature or presence of an applicant, opponent or party to such proceeding or matter." The rule does not list the occasions on which this will be done; it is left to the Controller's view of necessity.
How rule 135 reads with rules 5 and 6
| Provision | What it says | Link to rule 135 |
|---|---|---|
| Rule 5, address for service | Every person concerned and every patentee must furnish an address for service, including a postal address in India and an e-mail address. Proviso: a patent agent must also furnish a mobile number registered in India | The agent's address is the usual address for service once authorised |
| Rule 6(1A) | A patent agent shall file, leave, make or give all documents only by electronic transmission duly authenticated; a document asked for in original must be submitted within fifteen days, failing which it is deemed not to have been filed | Where an agent acts, filing is electronic only |
| Rule 135(1) | Authorisation within three months of filing | Without it, no further processing |
| Rule 135(2) | Service on the agent is service on the principal | Service on the agent starts the principal's clock |
The three-month period in rule 135(1) is a prescribed period of the Rules. How it relates to the general extension power in rule 138 (substituted in 2024) is not stated in either rule; see our article on Rule 138.
Fee
As per the First Schedule as substituted in 2024, Table I, entry 47 (form of authorization of a patent agent) shows No fee in all four columns, e-filing and physical filing, for natural person, startup, small entity or educational institution and for others, against Form 26.
What changed in 2024
The sources show no change to the text of rule 135 in the Patents (Amendment) Rules, 2024 or the Patents (Second Amendment) Rules, 2024. The fee entry comes from the table substituted in 2024.
Who may be the agent
Rule 135 does not say who qualifies as a patent agent; that is in section 126 and the rules we covered in our articles on Rules 108-109 and Rules 112-115. Section 132 of the Act, to which the Second Schedule entry also points, makes savings for other authorised persons; the Rules text on this rule does not go beyond the words "any person" in the form's title.
Practical example
Zenith Wearables Pvt Ltd files a patent application on 10 January and engages a patent agent, Ms Rekha Sinha. The agent files electronically, as rule 6(1A) requires, and the company signs Form 26. The authorisation must be on file by 10 April. If it is not, the Controller takes no further action on the application until the deficiency is removed. Once it is filed, a statement of objections sent to Ms Sinha counts as service on Zenith. Later, the Controller wants the personal presence of Zenith's director, Mr Saurabh Jain, for a hearing; rule 135(3) allows him to require it even though Ms Sinha is authorised to appear.
Need help filing with an authorised agent?
The three-month deadline is easy to overlook when a filing is made in a hurry. Our patent drafting and filing service files the authorisation together with the application so the file is not held up.
Key takeaways
- Authorisation of an agent is filed in Form 26 or as a power of attorney within three months from the date of filing of the application or document.
- Without it, no action is taken for further processing until the deficiency is removed.
- Service on the authorised agent is deemed service on the person; appearances may be made by or through the agent.
- The Controller may require the personal signature or presence of the party.
- Form 26 carries no fee (entry 47, as substituted in 2024).
- A patent agent files documents only electronically (rule 6(1A)).
- The text is the Rules as amended up to the Patents (Second Amendment) Rules, 2024; later amendments should be checked.
Read next
- Rules 5–6: address for service and leaving and serving documents
- Rule 136: scale of costs and the Fourth Schedule
- Rules 132–134: duplicate patent, certified copies and information requests
- 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.