Section 125 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.
Section 125 requires the Controller to maintain a register called the register of patent agents. It carries the names, addresses and other relevant particulars, as prescribed, of all persons qualified to have their names entered under section 126. Sub-section (2) says the Controller may keep the register in electronic form, subject to prescribed safeguards. The register matters because under the Act only a person whose name is entered in it can act as a patent agent. If you want to appoint a registered agent for your filings, our patent drafting and filing team can help you with the process.
s.125(1): the Controller shall maintain a register called the register of patent agents, in which are entered the names, addresses and other relevant particulars, as may be prescribed, of all persons qualified under section 126. s.125(2): it is lawful for the Controller to keep the register in computer floppies, diskettes or any other electronic form, subject to prescribed safeguards. Entry in this register is what makes a person a "patent agent" under section 2(1)(n).
Amendments to know
Section 125 is shown in square brackets with a footnote: substituted for the earlier section 125 by the Patents (Amendment) Act, 2002 (38 of 2002), section 52, with effect from 20 May 2003. The Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023 did not change it. The earlier text is not reproduced in the source and is not described here.
Sub-section (1): the register
"The Controller shall maintain a register to be called the register of patent agents in which shall be entered the names, addresses and other relevant particulars, as may be prescribed, of all persons qualified to have their names so entered under section 126."
Taking the words in order:
| Phrase | Meaning from the text |
|---|---|
| "The Controller shall maintain" | A duty on the Controller; the word is "shall", not "may" |
| "a register to be called the register of patent agents" | The name of the register |
| "names, addresses and other relevant particulars, as may be prescribed" | Contents; the Patents Rules, 2003 fix the other particulars |
| "all persons qualified to have their names so entered under section 126" | Only persons who meet the qualifications in section 126 |
Three things follow. First, the register is kept by the Controller, who is the officer referred to in the Act for the Patent Office. Second, the contents beyond names and addresses are not in the Act; they are "as may be prescribed", and no list is given here. Third, the sub-section speaks of persons "qualified", and the qualifications are in section 126, which is explained in our article on section 126.
What registration means in the Act
Section 2(1)(n) defines "patent agent" as "a person for the time being registered under this Act as a patent agent". So the register is the test. The words "for the time being" show that the status can change if a name is removed under section 130 or restored.
Registration has consequences elsewhere in the Chapter:
- Section 127 gives every patent agent whose name is entered in the register the right to practise before the Controller and to prepare documents and transact business in proceedings before the Controller.
- Section 129 says no person shall practise, describe or hold himself out as a patent agent unless registered, and a company or other body corporate cannot practise or describe itself as patent agents. Section 123, as re-cast in 2023, attaches a monetary penalty to a contravention of section 129.
- Section 130 lets the Controller remove a name from the register in the cases listed there, and restore it on application.
Sub-section (2): keeping the register electronically
"Notwithstanding anything contained in sub-section (1), it shall be lawful for the Controller to keep the register of patent agents in computer floppies, diskettes or any other electronic form subject to such safeguards as may be prescribed."
Points to note:
- The words "it shall be lawful" mean the Controller is permitted, not obliged, to keep the register electronically.
- The printed examples, "computer floppies, diskettes", are old media. The words "or any other electronic form" bring in whatever electronic form the Controller uses today. A reader should treat the floppies and diskettes as drafting from the 2002 amendment, not as a current requirement.
- The safeguards are "as may be prescribed". The Act does not list them. The rule-making power in section 159(2) includes the manner in which the register of patent agents may be maintained under section 125(1) and the safeguards to be observed.
Illustration (invented)
Meera Rao, a science graduate, wants to prepare and file patent applications for clients and sign her letters to the Controller as a patent agent. She must first have her name entered in the register of patent agents, after satisfying the Controller that she meets the conditions of section 126. Until then, she cannot describe herself as a patent agent. Once she is entered, she is a person registered under the Act and entitled to the rights in section 127.
A startup, Vihaan Robotics Pvt. Ltd., wants to confirm that the person who offers to file its application is actually registered. The startup can ask for the particulars the register is required to carry, as prescribed. If the person's name is not in the register, section 129 says he cannot practise or hold himself out as a patent agent.
What the section does not say
- It does not list the particulars beyond names and addresses.
- It does not say whether the register is open to inspection by the public. The text of section 125 is silent on this.
- It does not say how often the register is updated.
- It does not name the fee, which belongs to section 126(1)(d) and the Rules.
- It does not provide for a separate register of firms; section 129(2) forbids a company or other body corporate from practising as patent agents.
Why check the register before you appoint an agent
A power of attorney in favour of an unregistered person has no basis in section 127. Our post on how to file Form 26, power of attorney for a patent agent explains the document used to authorise an agent, and our post on patent agents: who can practise and registration gives the general picture. Section 132 separately says the Chapter does not prohibit the applicant himself, or an advocate who is not a patent agent taking part in a hearing, from acting before the Controller; see our article on sections 131 and 132.
Need help with an agent or a filing?
Choosing a registered agent, preparing the specification and filing the application are linked steps. Our patent drafting and filing team can prepare the filing with a registered patent agent and keep your documents in order.
Key takeaways
- The Controller must maintain the register of patent agents, with names, addresses and other prescribed particulars of persons qualified under section 126.
- The Controller may keep the register in electronic form, with prescribed safeguards.
- Section 2(1)(n) makes registration the test of who is a patent agent.
- Registration brings the rights in section 127; practising without it breaches section 129.
- The Act does not list the particulars beyond names and addresses and is silent on public inspection.
Read next
- Section 126: qualifications for registration as patent agents
- Sections 127 and 128: rights of patent agents and subscription of documents
- Patent agents: who can practise and registration
- Introduction to the Patents Act, 1970: complete guide
Disclaimer: Based on the Patents Act, 1970 as amended up to the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and time limits under the Patents Rules, 2003 change from time to time and are not covered here. This article is general information, not legal advice; check the official text before acting.