THE PATENTS RULES, 2003
[As amended by the Patents (2nd Amendment) Rules, 2020]
CHAPTER XIV – SCIENTIFIC ADVISERS
103.Roll of scientific advisers.—
(1) The Controller shall maintain a roll of scientific advisers for the purpose of section 115. The roll shall be updated annually. The roll shall contain the names, addresses, specimen signatures and photographs of scientific advisers, their designations, information regarding their educational qualifications, the disciplines of their specialisation and their technical, practical and research experience.
(2)A person shall be qualified to have his name entered in the roll of scientific advisers, if he—
(i)holds a degree in science, engineering or technology or equivalent;
(ii)has at least fifteen years‘ technical, practical or research experience; and
(iii)he holds or has held a responsible post in a scientific or technical department of the Central or State Government or in any organisation.
103A. Disqualifications for inclusion in the roll of scientific advisers.—
A person shall not be eligible to be included in the roll of scientific advisors, if he—
(i)has been adjudged by a competent court to be of unsound mind;
(ii)is an undischarged insolvent;
(iii)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;
(iv)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
(v)has been guilty of professional misconduct.
104.Manner of application for inclusion in the roll of scientific advisers—
Any interested person may apply to the Controller for inclusion of his name in the roll of scientific advisers by furnishing his bio-data.
105.Inclusion of the name of any other person in the roll of scientific advisers.—
The Controller may, notwithstanding anything contained in rules 103 and 104, enter the name of any person in the roll of scientific advisers, if he is of the opinion after such inquiry as he deems fit, that such person should be entered in the roll of scientific advisers.
106.Power to relax.—
Where the Controller is of the opinion that it is necessary or expedient so to do, he may, by order, for reasons to be recorded in writing, relax any of the qualifications specified in sub-rule (2) of rule 103 with respect to any person, if such person is otherwise well qualified.
107.Removal of names from the roll of scientific advisers.—
The Controller may remove the name of any person from the roll of scientific advisers, if—
(a)such person makes a request for such removal; or
(b)the Controller is satisfied that his name has been entered in the roll by error or on account of misrepresentation or suppression of any material fact; or
(c)such person has been convicted of an offence and sentenced to a term of imprisonment or has been guilty of misconduct in his professional capacity and the Controller is of the opinion that his name should be removed from the roll; or
(d)such person is dead:
Provided that except in the cases falling under clause (a) and (d) above, before removing the name of any person from the roll of scientific advisers under this rule, such person shall be given a reasonable opportunity of being heard.