Section 126 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 126 lists the conditions a person must meet to have his name entered in the register of patent agents. He must be a citizen of India, have completed 21 years of age, hold a degree in science, engineering or technology from a University established under law in India (or equivalent qualifications the Central Government specifies), and, in addition, pass the qualifying examination or have served for not less than ten years as an examiner or as the Controller under section 73. He must also pay the prescribed fee. Sub-section (2) protects agents registered before the 2005 Amendment. If you wish to become a registered agent or to know whether your agent qualifies, our patent drafting and filing team can answer your questions.
s.126(1): to be entered in the register, a person must be (a) a citizen of India; (b) 21 years old; (c) holder of a degree in science, engineering or technology from a University established under law in India, or other equivalent qualifications the Central Government specifies, and either (ii) pass the qualifying examination prescribed or (iii) have worked ten years or more as an examiner or as Controller under section 73; and (d) pay the prescribed fee. s.126(2): persons registered before the commencement of the Patents (Amendment) Act, 2005 may continue, or be re-registered, on payment of the prescribed fee.
Amendments to know
Section 126 was amended by the Patents (Amendment) Act, 2002 with effect from 20 May 2003: the words "degree from any University" became "degree in science, engineering or technology from any University established under law for the time being in force", the word "or" was inserted after clause (ii), and sub-section (2) was substituted. The Patents (Amendment) Act, 2005 omitted sub-clause (i) of clause (c) with effect from 1 January 2005, and replaced the reference to the 2002 Act in sub-section (2) with a reference to the 2005 Act. The Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023 did not change this section.
A drafting point: because sub-clause (i) was omitted, clause (c) as printed runs "and, in addition,—" and then begins at (ii). The numbering has not been closed up. This is a slip of numbering only.
Sub-section (1): the conditions
"A person shall be qualified to have his name entered in the register of patent agents if he fulfils the following conditions, namely:—"
| Clause | Condition |
|---|---|
| (a) | He is a citizen of India |
| (b) | He has completed the age of 21 years |
| (c) | He has obtained a degree in science, engineering or technology from any University established under law for the time being in force in the territory of India, or possesses such other equivalent qualifications as the Central Government may specify in this behalf, and in addition (ii) or (iii) below |
| (c)(ii) | He has passed the qualifying examination prescribed for the purpose |
| (c)(iii) | He has, for a total period of not less than ten years, functioned either as an examiner or discharged the functions of the Controller under section 73 or both, but has ceased to hold any such capacity at the time of making the application for registration |
| (d) | He has paid such fee as may be prescribed |
All of clauses (a), (b), (c) and (d) must be met, since they are joined as "the following conditions". Within clause (c), the examination route in (ii) and the service route in (iii) are alternatives, joined by the word "or" printed at the end of (ii).
Clause (a): citizenship
The text says "a citizen of India". It does not say what proof is required; that is for the Rules.
Clause (b): age
"Has completed the age of 21 years." A person who is 20 years and eleven months old does not qualify, since the text speaks of completing the age.
Clause (c): the degree
The degree must be in "science, engineering or technology" and from "any University established under law for the time being in force in the territory of India". The alternative is "such other equivalent qualifications as the Central Government may specify in this behalf". So a degree in a subject outside science, engineering or technology, such as law alone, does not satisfy the clause, unless the Central Government has specified it as equivalent. The text does not itself list any equivalent qualification, and none is named here.
Clause (c)(ii): qualifying examination
"Has passed the qualifying examination prescribed for the purpose." The examination, its syllabus and its conduct are prescribed. Section 159(2) lists the conduct of qualifying examinations for patent agents among the matters for rules. No detail is given in the Act.
Clause (c)(iii): service as examiner or Controller
A person who has, "for a total period of not less than ten years, functioned either as an examiner or discharged the functions of the Controller under section 73 or both" qualifies under this route, provided he "ceased to hold any such capacity at the time of making the application for registration". Two points: the ten years may be totalled across both capacities ("or both"), and the person must no longer hold the capacity when he applies. See our article on sections 73 and 74 for the officers named in section 73.
Clause (d): fee
"Has paid such fee as may be prescribed." The Act gives no amount and none is stated here.
Sub-section (2): agents registered before 2005
"Notwithstanding anything contained in sub-section (1), a person who has been registered as a patent agent before the commencement of the Patents (Amendment) Act, 2005 (15 of 2005) shall be entitled to continue to be, or when required to be re-registered, as a patent agent, on payment of the fee as may be prescribed."
This protects existing registrations: such a person need not meet the sub-section (1) conditions afresh, but he must pay the prescribed fee if re-registration is required. The footnote shows the phrase "the Patents (Amendment) Act, 2005" was substituted for a reference to the 2002 Act, with effect from 1 January 2005. The text does not say when re-registration is "required"; the Rules may.
Illustration (invented)
Rahul Bhat is 24, a citizen of India, with a B.Tech degree from a University established under law. He passes the prescribed qualifying examination and pays the prescribed fee. He meets (a), (b), (c) with the examination route, and (d), so he is qualified to have his name entered.
Dr. Latha Menon retired last year after twelve years as an examiner in the Patent Office. She holds a science degree, is a citizen and is over 21. Under clause (c)(iii) she need not take the qualifying examination, because she has served a total of not less than ten years as an examiner and has ceased to hold that capacity at the time of her application. She still must pay the prescribed fee.
A third person, Imran, is 19 and holds an engineering degree. He cannot be entered, because he has not completed 21 years.
What the section does not say
- It does not describe the examination or its contents.
- It does not give the fee or the application form.
- It does not say whether a foreign national may register; clause (a) requires citizenship of India.
- It does not say how equivalent qualifications are notified.
Need help finding or working with a registered agent?
If you are choosing an agent for your filing, check the register first. Our patent drafting and filing team works with registered patent agents and can prepare your specification and application in the right form.
Key takeaways
- Section 126(1) sets four conditions: citizenship, age 21, a science, engineering or technology degree (or specified equivalent), and the prescribed fee, plus an examination or ten years' service.
- The examination route and the ten-year examiner or Controller route are alternatives.
- The ten years may be totalled across examiner and Controller roles, and the person must have ceased to hold the capacity when applying.
- Agents registered before the 2005 Amendment can continue or be re-registered on paying the prescribed fee.
- The examination, fee and equivalents are prescribed or specified outside the Act.
Read next
- Section 125: register of patent agents
- Sections 127 and 128: rights of patent agents and subscription of documents
- Sections 129 and 130: restrictions on practice and removal from the register
- Patent agents: who can practise and registration
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.