The Patents Act, 1970 Section 126: Eligibility Criteria for Registration as Patent Agents (1) To be eligible for inclusion in the register of patent agents, an individual must satisfy the following conditions: They must be a citizen of India. They should have attained the age of 21 years. They must hold a degree in science, engineering, or technology from a university established under the prevailing laws of India, or possess qualifications equivalent to those specified by the Central Government. Additionally: (i) [Omitted] (ii) They must have successfully completed the prescribed qualifying examination. (iii) Alternatively, they must have served as an examiner or performed the functions of the Controller under section 73 for a cumulative period of at least ten years, provided that they are not holding such a position at the time of applying for registration. They are required to pay the prescribed fee. (2) Regardless of the provisions in subsection (1), an individual who was registered as a patent agent before the enactment of the Patents (Amendment) Act, 2005, retains the entitlement to continue as a patent agent or to be re-registered as one, subject to the payment of the specified fees.

1. 26/09/2023, 17:43 Indian Patent Act 1970-Sections
https://ipindia.gov.in/writereaddata/Portal/ev/sections/ps126.html 1/2
THE PATENTS ACT, 1970
Section 126
Qualifications for registration as patent agents
(1) A person shall be qualified to have his name entered in the register of patent agents if he fulfils the following conditions, namely:-
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,—
(i) [Omitted]
(ii) has passed the qualifying examination prescribed for the purpose; or
(iii) 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 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.
(2) 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 shall be entitled to continue to be, or when required to be re-registered, as a patent agent, on payment of the
fees as may be prescribed.

2. 26/09/2023, 17:43 Indian Patent Act 1970-Sections
https://ipindia.gov.in/writereaddata/Portal/ev/sections/ps126.html 2/2
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