[The post is authored by SpicyIP intern Advika Singh Malik. Advika is a third-year law student at Symbiosis Law School, Noida. She is interested in pursuing IP and tech litigation.]
The Controller General of Patents, Designs and Trade Marks (CGPDTM) has released a public notice on April 9, inviting applications to update the roll of Scientific Advisors, maintained as per Rule 103 of the Patents Rules, 2003. The roll is required to be updated every year and serves as an important support to the Indian courts in complicated patent litigation. (Previously Pankhuri Agarwal and Prashant Reddy T. have written about the roll here and here).
Scientific Advisors, as provided in Section 115 of the Patents Act, 1970, assist courts in proceedings or in cases involving infringement of patents in the sense of providing expert technical observation and technical understanding in scientific matters but not interpretations of law. They are selected from the pre-approved roll maintained by the CGPDTM, and assistance provided by them is most beneficial when technical inputs are required in examining inventions, processes, or scientific evidence. The fee for the scientific advisor in cases is decided by the Court, according to Section 115(2) of the Patents Act, 1970. (See here for an interesting instance highlighted by Prashant, concerning payment of such fees to the advisors.)
The last date for sending the applications is April 30, 2025. As mentioned in the notice, eligible candidates should apply in the given format and provide comprehensive bio-data along with self-attested copies of qualifications and experience certificates. Original documents are to be produced upon demand for verification.
To be qualified for a place in the roll of Scientific Advisors, the notice prescribed that a person should:
- Holds a degree in science, engineering or technology or equivalent;
- Has at least fifteen years’ technical, practical or research experience; and
- Holds or has held a responsible post in a scientific or technical department of the Central or State Government or in any organisation.
The applicants should also specify their specialization and micro-specialization (according to Annexure 1 of the notice), to enable the Court to appoint specialised advisors in disputes concerning patents of specific subjects.
In addition to the above requirements, the applicants should also keep in mind certain disqualifications under Rule 103A. A candidate is not eligible if:
- Has been adjudged by a competent court to be of unsound mind;
- Is an undischarged insolvent;
- Being a discharged insolvent, has not obtained from the court a certificate to the effect that his insolvency was caused by misfortune without any misconduct on his part;
- Has been convicted by a competent court, whether within or outside India of an offence to undergo a term of imprisonment, unless the offence of which he has been convicted has been pardoned or unless on an application made by him, the Central Government has, by order in this behalf, removed the disability; or
- Has been guilty of professional misconduct.
A self-declaration/undertaking of eligibility has to be submitted in the format prescribed.
To avoid any conflict of interest, the notice advises practicing advocates and patent agents who are currently practicing before courts or the patent office to apply. Interestingly, neither the Patent Act nor the Patent Rules prescribes such limitations on the appointment of scientific advisors.
The number of scientific advisors to be on the roll would be decided by the CGPDTM on the basis of the applications received and the prevailing needs of the patent system. Applications, along with the filled-in form, undertaking, and supporting documents, should be emailed to neeleshpatil[dot]ipo[at]gov[dot]in, and also posted to the postal address specified in the notice.
This is a great opportunity for scientists, engineers, and technologists with qualifications to contribute to the Indian patent ecosystem by providing their expertise to make patent decisions balanced and informed.