Sections 131 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 131 lets the Controller refuse to recognise as agent four kinds of person: one whose name has been removed from the register and not restored, one convicted of an offence under section 123, an unregistered person engaged wholly or mainly in acting as an agent for his employer's patent applications, and a company or firm with such a person as director, manager or partner. It also requires the Controller to refuse a person who neither resides nor has a place of business in India. Section 132 preserves the right of the applicant and of an advocate to act. If an agent or representative has been refused recognition in your matter, our legal consultation team can help you plan the next step.
s.131(1): "Subject to any rules", the Controller may refuse to recognise as agent in any business under the Act: (a) an individual removed from the register and not restored; (b) a person convicted of an offence under section 123; (c) an unregistered person engaged wholly or mainly in acting as agent in applying for patents in the name or for the benefit of his employer; (d) a company or firm if such a person is a director, manager or partner. s.131(2): the Controller shall refuse a person who neither resides nor has a place of business in India. s.132: the Chapter does not prohibit the applicant from acting himself, or an advocate from taking part in a hearing before the Controller.
Amendments to know
In section 132(a), the words "or any person, not being a patent agent, who is duly authorised by the applicant" were omitted by the Patents (Amendment) Act, 2002, section 56, with effect from 20 May 2003, and in clause (b) the words about a hearing were substituted by the same section. Section 131 carries no amendment footnote. The Tribunals Reforms Act, 2021 did not change these sections. The Jan Vishwas (Amendment of Provisions) Act, 2023 re-cast section 123 as a monetary penalty, and that matters for section 131(1)(b), as explained below.
Section 131(1): the Controller may refuse to recognise
"Subject to any rules made in this behalf, the Controller may refuse to recognise as agent in respect of any business under this Act—"
| Clause | Person |
|---|---|
| (a) | "any individual whose name has been removed from, and not restored to, the register" |
| (b) | "any person who has been convicted of an offence under section 123" |
| (c) | "any person, not being registered as a patent agent, who in the opinion of the Controller is engaged wholly or mainly in acting as agent in applying for patents in India or elsewhere in the name or for the benefit of the person by whom he is employed" |
| (d) | "any company or firm, if any person whom the Controller could refuse to recognise as agent in respect of any business under this Act, is acting as a director or manager of the company or is a partner in the firm" |
Clause (a): removed names
This links to section 130. A name removed from the register and not restored can be refused recognition. Once the Controller restores the name under section 130(2), clause (a) no longer applies. The clause speaks of "any individual".
Clause (b): conviction under section 123 (a drafting slip)
Clause (b) refers to a person "convicted of an offence under section 123". Section 123 as it now stands says a person who contravenes section 129 "shall be liable to penalty". The Jan Vishwas (Amendment of Provisions) Act, 2023 changed section 123 from an offence to a penalty with effect from 1 August 2024, and section 131 was not changed. So the wording of clause (b) no longer matches section 123 as printed. The text does not say how the Controller is to treat a person who has only been penalised, or one who was convicted before 1 August 2024. This article flags the mismatch and does not resolve it. See our article on sections 122 and 123 for the penalty.
Clause (c): in-house unregistered agents
This clause is directed at a person who is not registered as a patent agent, and "in the opinion of the Controller" is engaged "wholly or mainly" in acting as agent in applying for patents in India or elsewhere in the name or for the benefit of the person by whom he is employed. The test turns on the Controller's opinion. The text does not say how the opinion is formed or what evidence is needed.
Clause (d): companies and firms
A company or firm may be refused recognition where a person whom the Controller could refuse is acting as its director or manager, or is a partner in the firm. The text refers back to the persons in clauses (a) to (c).
The opening words "Subject to any rules made in this behalf" mean that rules may qualify the power.
Section 131(2): mandatory refusal
"The Controller shall refuse to recognise as agent in respect of any business under this Act any person who neither resides nor has a place of business in India."
Here the word is "shall". A person who has neither a residence nor a place of business in India cannot be recognised as agent. The text says "neither ... nor": either a residence or a place of business in India is enough to avoid the bar. It does not define "place of business".
Section 132: savings for other persons
"Nothing in this Chapter shall be deemed to prohibit—
(a) the applicant for a patent from drafting any specification or appearing or acting before the Controller; or
(b) an advocate, not being a patent agent, from taking part in any hearing before the Controller on behalf of a party who is taking part in any proceedings under this Act."
| Person | What is saved |
|---|---|
| Applicant for a patent | May draft any specification and appear or act before the Controller |
| Advocate who is not a patent agent | May take part in any hearing before the Controller on behalf of a party in proceedings under the Act |
Observations:
- Clause (a) names the "applicant for a patent". The earlier words that also covered an authorised non-agent were omitted in 2003. The clause does not say that the applicant's employee or representative may act.
- Clause (b) is confined to taking part in a hearing. It does not give an advocate the right to draft specifications, file applications as an agent or otherwise practise as a patent agent. For those acts, the Explanation to section 129 applies.
- The phrase "a party who is taking part in any proceedings under this Act" covers parties in proceedings such as oppositions and appeals before the Controller.
Illustration (invented)
Optima Analytics Pvt. Ltd. employs Mr. Suresh, who is not registered and who spends nearly all his time filing patent applications for the company in India and abroad. In the opinion of the Controller he is engaged wholly or mainly in acting as agent for his employer. Under section 131(1)(c) the Controller may refuse to recognise him as agent. Because he is a director of Optima's subsidiary, the Controller may also refuse the subsidiary under clause (d).
A foreign inventor with no residence or place of business in India nominates himself as agent for a friend's Indian application. Under section 131(2) the Controller shall refuse to recognise him.
A solo inventor, Anjali, drafts her own specification and appears at her hearing. Section 132(a) says the Chapter does not prohibit that. She engages an advocate, who is not a patent agent, to argue the hearing; section 132(b) allows him to take part in the hearing.
What the sections do not say
- They do not say how refusal is communicated, or whether the person can be heard first.
- They do not provide an appeal against refusal. The list in section 117A(2) does not name section 131.
- They do not define "place of business".
- Section 131(1)(b) is not updated for the 2023 change to section 123.
Need help with representation before the Controller?
Who may act for you, and who may not, decides whether your filings and hearings are accepted. Our legal consultation team can review your representative's status and advise on a safe arrangement before the next step.
Key takeaways
- Section 131(1) lets the Controller refuse to recognise four categories of agent, subject to rules.
- Section 131(2) makes refusal mandatory for a person who neither resides nor has a place of business in India.
- Clause (b) still refers to a conviction "under section 123", although section 123 is now a penalty provision; the mismatch is a drafting slip.
- Section 132 preserves the applicant's right to act and an advocate's right to take part in a hearing.
- An advocate's saving is limited to hearings; drafting and filing as an agent is practice under section 129.
Read next
- Sections 129 and 130: restrictions on practice and removal from the register
- Sections 133 and 134: convention countries and countries without reciprocity
- Patent agents: who can practise and registration
- Section 125: register of patent agents
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.