Rule 107 of the Patents Rules, 2003
Removal of names from the roll of scientific advisers
Sets out when and how a name is taken off the roll of scientific advisers.
Official legal text
The verbatim statutory text of this provision is reproduced from the official source and checked by our legal reviewer before it is published here. Until that check is complete for this page, read the exact wording directly from the official source linked below — it is the only version that governs.
This explanation is written for clarity, not for citation. The official statutory text and any Gazette notification in force on your date govern, and they prevail over anything said here.
What this rule requires, step by step
A roll of experts is only useful if it is accurate. Entries go stale. People retire, move abroad, fall ill, change fields, or become caught by one of the integrity conditions. Rule 107 deals with removal of names, so that the roll continues to describe people who can actually be relied on.
Removal happens for a small number of reasons that fall into three groups. The first is the person's own choice or circumstances: a request by the adviser to be taken off, or the death of the adviser. The second is loss of eligibility: the person becomes subject to a disqualification, such as being adjudged of unsound mind, becoming an undischarged insolvent, being convicted of an offence involving moral turpitude, or being held guilty of professional misconduct by the body regulating their profession. The third is misconduct connected with the roll itself, such as inclusion obtained by giving false information, or conduct that makes it improper for the person to continue as an adviser to courts.
Fairness runs through the process. Removal on a ground that reflects on the person is not done behind their back. The established practice, and the general principle that governs administrative action of this kind in India, is that the person is told what is alleged, given a genuine opportunity to reply, and told the outcome. A decision to remove should be capable of being explained on the record.
Removal is not always permanent. Where the ground has fallen away, for example an insolvency has been discharged with the court certifying that it arose from misfortune, or a conviction has been set aside, the person can seek inclusion afresh and be considered on the ordinary requirements.
For a court, the practical importance of this rule is confidence. When a judge picks a name off the roll, the value of the roll lies in the assumption that anyone still listed is qualified, contactable and of good standing. Rule 107 is what keeps that assumption true.
Why this rule matters
People listed on the roll of scientific advisers, and courts and litigants who rely on the roll being accurate.
At any time after a name is included, if the person asks to be removed or ceases to meet the conditions for listing.
A power to remove names, balanced by a right to be informed and heard before an adverse removal.
A stale roll wastes court time and, worse, risks a court appointing someone who is no longer eligible or reachable.
How it works in practice
A quiet request and a contested removal
Two entries on the roll came up for attention in the same month. The first was Dr Ananya Rao, a polymer scientist who had accepted a full-time research post outside India and wrote to the Patent Office asking that her name be taken off the roll because she could no longer attend before Indian courts at short notice. Her request was straightforward and her name was removed. The second was more difficult. A complaint alleged that another listed adviser had described himself in a company brochure as an officially appointed expert of the Patent Office and had accepted paid consulting work from a firm involved in litigation where he had earlier reported to a court. He was sent the material, given time to reply and heard. His explanation did not answer the conflict, and a reasoned decision was recorded removing his name from the roll. The roll then reflected only advisers who were both available and free of that kind of entanglement.
Simplified illustration only. Actual legal outcomes depend on the facts.
Key points to remember
- Names can be removed from the roll of scientific advisers on the person's own request or on death.
- Removal also follows if the person becomes subject to a disqualification or ceases to meet the eligibility conditions.
- Inclusion obtained by false information, or conduct incompatible with advising a court, can lead to removal.
- Where the removal reflects on the person, they should be told the allegation and given a chance to reply before a decision.
- Removal is not necessarily permanent; a person can seek fresh inclusion once the ground has gone.
- An accurate roll is what allows courts to trust names picked from it.
Common mistakes and misunderstandings
- Assuming a listing lasts for life. Eligibility is a continuing condition, not a one-time check.
- Failing to tell the Patent Office about a change in address, employment or status, which can leave a court unable to reach you.
- Treating removal as a criminal punishment. It is an administrative step to keep the roll accurate and reliable.
- Thinking removal closes the door forever. A fresh application can be considered once the disqualification no longer applies.
Connected provisions
The Patents Rules supply procedure and the Patents Act supplies power. This page covers the procedure, and the sections that give the Controller or the applicant the underlying right or duty are grouped separately so you can move between the two.
Forms, deadlines and fees
Fees are prescribed in the First Schedule to the Patents Rules. Because the Schedule is revised from time to time, and charges different amounts to different categories of applicant and for physical as against electronic filing, this page describes the fee without stating a figure. How Indian patent fees work.
Related judgments
This part of the page is reserved for summaries of decided cases. They are added one at a time, after review by a person qualified to confirm that the summary matches the judgment. Nothing has been cleared for this provision so far, so there is nothing to show. How case notes are prepared.
Questions people ask about Rule 107
Can I ask for my own name to be removed from the roll?
Yes. Listing is voluntary, and a person who no longer wishes to be available, or who cannot realistically serve because of health, relocation or a change of field, can write to the Patent Office asking that the name be taken off. This is good practice rather than an inconvenience. A court that appoints an adviser who then declines loses weeks, so an adviser who knows they cannot serve does everyone a favour by updating the position in advance.
Will I be heard before my name is removed?
Where removal is based on something that reflects on you, such as an alleged disqualification, false information in your application, or conduct incompatible with advising a court, you should be told what is alleged and given a real opportunity to respond before a decision is made. That follows both from the way the Patent Office deals with such matters and from the general Indian principle that an authority must act fairly before taking a step that harms a person's interests.
Does removal from the roll affect a report I already gave to a court?
A report already filed remains part of the record of that case, and what weight it carries is for the court to decide. If the reason for removal casts doubt on the adviser's independence or honesty, a party can bring that to the court's attention, and the court will decide what to do about it. Removal does not automatically cancel past work, but it is plainly a relevant fact if the adviser's credibility is in question in a pending matter.
Can I get back on the roll after being removed?
It depends on why you were removed. If the reason has fallen away, for example an insolvency has been discharged with a court certificate that it was caused by misfortune without misconduct, or a conviction has been set aside on appeal, you can apply again and your application will be considered on the ordinary requirements. If you were removed for conduct incompatible with the role, a fresh application faces a harder task and needs to address that history squarely.
Need to update or remove a roll entry?
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