Sections 127 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 127 gives every registered patent agent two rights: to practise before the Controller, and to prepare all documents, transact all business and discharge other prescribed functions in connection with any proceeding before the Controller under the Act. Section 128 allows applications and communications to the Controller to be signed by a patent agent authorised in writing by the person concerned. If you want a registered agent to act for you, our patent drafting and filing team can prepare the filing and handle the authority.
s.127: "Subject to the provisions contained in this Act and in any rules made thereunder", every patent agent whose name is entered in the register is entitled (a) to practise before the Controller and (b) to prepare all documents, transact all business and discharge other prescribed functions in any proceeding before the Controller. s.128(1): all applications and communications to the Controller may be signed by a patent agent authorised in writing by the person concerned. The old sub-section (2) is omitted.
Amendments to know
In section 128(1), the opening words "Subject to the provisions contained in sub-section (2) and to any rules made under this Act," were omitted by the Patents (Amendment) Act, 2002 (38 of 2002), section 54, with effect from 20 May 2003. The same section omitted sub-section (2) of section 128, shown in the text as a row of asterisks. The earlier content of sub-section (2) is not reproduced in the source and this article does not describe it. Section 127 carries no amendment footnote. The Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023 did not change either section.
A drafting point: the heading of section 128 is "Subscription and verification of certain documents by patent agents", but the surviving text of sub-section (1) speaks only of signing. The word "verification" in the heading no longer has a matching provision in the body.
Section 127: rights of patent agents
"Subject to the provisions contained in this Act and in any rules made thereunder, every patent agent whose name is entered in the register shall be entitled:— (a) to practice before the Controller; and (b) to prepare all documents, transact all business and discharge such other functions as may be prescribed in connection with any proceeding before the Controller under this Act."
| Element | What the text says |
|---|---|
| Who | "every patent agent whose name is entered in the register" (see section 125) |
| Right (a) | "to practice before the Controller" |
| Right (b) | "to prepare all documents, transact all business and discharge such other functions as may be prescribed in connection with any proceeding before the Controller under this Act" |
| Limit | "Subject to the provisions contained in this Act and in any rules made thereunder" |
Key points:
- The rights belong to a patent agent "whose name is entered in the register". The definition in section 2(1)(n), "a person for the time being registered under this Act as a patent agent", points the same way.
- Right (a) is limited to practice "before the Controller". The text does not extend it to the High Court. The right to appear before a court is not given by section 127.
- Right (b) has two parts: the wide words "all documents" and "all business", and the further functions "as may be prescribed". The Patents Rules, 2003 can add functions; none are listed here.
- The phrase "in connection with any proceeding before the Controller under this Act" ties right (b) to proceedings. Applications, oppositions, hearings and requests are examples of proceedings, but the text does not list them.
- The right is "subject to" other provisions of the Act, such as section 129 (restrictions on practice), section 130 (removal from the register) and section 131 (the Controller's power to refuse to recognise certain persons as agents).
Section 128: signing applications and communications
"All applications and communications to the Controller under this Act may be signed by a patent agent authorised in writing in this behalf by the person concerned."
Points:
- "May": the sub-section permits signing by an agent. It does not say that only an agent may sign; section 132 saves the right of the applicant to act before the Controller himself.
- "All applications and communications": the words are wide and are not limited to particular forms.
- "Authorised in writing in this behalf by the person concerned": the agent needs a written authority from the person concerned, for example the applicant, patentee or opponent. The form of authority is not in the Act. Our post on how to file Form 26, power of attorney for a patent agent explains the document in practice.
- The omitted words: before 20 May 2003, the sub-section was "subject to" sub-section (2) and the rules. With those words and sub-section (2) gone, sub-section (1) stands without those qualifications in the printed text.
The text does not say whether the written authority has to be filed with each document or once for a case; that belongs to the Rules.
Who else may act?
Chapter XXI does not give agents a monopoly in every respect. Section 132 says that nothing in the Chapter prohibits the applicant for a patent from drafting any specification or appearing or acting before the Controller, or an advocate who is not a patent agent from taking part in any hearing before the Controller on behalf of a party. See our article on sections 131 and 132.
Illustration (invented)
Sunita Joshi is a registered patent agent. Greenfield Seeds Pvt. Ltd. signs a written authority in her favour and asks her to file its application and answer the examination report. Under section 127(a) she may practise before the Controller. Under section 127(b) she may prepare the specification and the reply and transact the business of the proceeding. Under section 128(1) she may sign the application and communications to the Controller on behalf of the company, because she is authorised in writing by the person concerned.
In another case, the company's marketing consultant, who is not a registered patent agent, offers to sign communications to the Controller. Section 127 does not give him rights, since his name is not in the register. Section 129 may also apply to anyone who practises or holds himself out as a patent agent without registration.
What the sections do not say
- They do not say how the written authority must look.
- They do not extend a patent agent's right to the High Court.
- They do not list the "other functions" that may be prescribed.
- They do not say what happens if a document is signed without authority.
Need help appointing an agent?
If you want a registered agent to prepare, sign and file on your behalf, you need the right authority in writing. Our patent drafting and filing team can prepare the documents and act before the Controller through a registered agent.
Key takeaways
- A registered patent agent may practise before the Controller and prepare documents and transact business in proceedings before the Controller.
- Other functions may be prescribed by the Rules; the Act lists none.
- Applications and communications to the Controller may be signed by an agent authorised in writing by the person concerned.
- Section 127 does not give a right of audience in the High Court.
- Section 128(2) is omitted, and the heading's word "verification" has no matching text.
Read next
- Section 125: register of patent agents
- Section 126: qualifications for registration as patent agents
- 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.