July 29, 2025 by Amit Kumar
Patent protection is a long-term and high-stakes process. Whether you're a startup, multinational, or academic institution, your relationship with your patent agent or attorney significantly influences the outcome of your IP strategy.
However, there may come a time when you wish to change your legal representative, due to inefficiency, a shift in business priorities, or a desire for better technical or strategic advice.
Indian patent law permits applicants to change or revoke their patent agent/attorney at any stage of the patent lifecycle, including during prosecution, opposition, or post-grant proceedings.
| Statutory Provision | Purpose |
|---|---|
| Section 127, Patents Act, 1970 | Recognition and role of patent agents |
| Rule 135, Patent Rules, 2003 | Filing of authorization (Form 26) |
| Rule 138 | Discretion of the Controller to permit correction or modification |
| Manual of Patent Office Practice and Procedure (Chapter 19) | Standard practice for representation |
| Reason | Impact |
|---|---|
| Poor technical drafting or FER responses | Risk of refusal or weak claims |
| Communication delays | Missed deadlines or client dissatisfaction |
| Lack of transparency on timelines/fees | Compliance issues or financial uncertainty |
| Business model shift (e.g., moving from India-only to global filings) | Need for specialized global IP counsel |
| Merger or acquisition of client company | New counsel preferred by new management |
| Loss of trust, breach of confidentiality | Legal risk and immediate termination required |
While Indian law does not mandate a formal revocation document, it is best practice to notify the outgoing patent agent in writing and document the revocation for internal records.
In contested scenarios (e.g., fee disputes), written revocation may serve as evidence of the decision.
File Form 26 – Authorization of Patent Agent or Advocate for the new agent/attorney. The form must include:
Application number(s)
Name and address of applicant
Registration number and details of the new agent
Signature of applicant and agent
This must be submitted separately for each application the new agent will handle.
Once Form 26 is filed, the Controller updates the record of representation for the respective application(s). From this point, all correspondence will go to the new patent agent.
You can log into the Indian Patent Advanced Search System (InPASS) or e-filing portal to verify that your application reflects the updated agent details.
| Document | Purpose |
|---|---|
| Form 26 (New) | Authorizes the new agent to act on behalf |
| Applicant's letter of intent (optional) | For record-keeping or disputes |
| Covering letter to IPO | For clarification or urgency |
| Proof of authority (for companies) | Board resolution or authorization letter, if required |
| Stage | When Change Can Be Made |
|---|---|
| Pre-filing stage | Anytime before application is filed |
| During examination | Before or after FER issued |
| During hearing | Before or after notice issued |
| After grant | For post-grant opposition or renewal |
| Post-publication | For Form 27, license recording, etc. |
Access to File History
Ensure you obtain all working files, prior drafts, prior art documents, FERs, correspondence, and filing credentials from your old agent.
Legal Responsibility Transfer
Once new Form 26 is filed, the old agent is no longer responsible. The applicant bears any interim delays or lapses.
Costs & Retainers
Review whether any pending invoices or costs are due to the old agent before termination to avoid disputes or ethical claims.
Continuation of Pending Filings
If an FER response or PCT deadline is approaching, ensure the new agent has sufficient technical knowledge and procedural context.
Control Your IP, Choose the Right Counsel.
Changing your patent agent or attorney is your statutory right and often a strategic necessity.
Whether you're protecting a billion-rupee pharma formulation or a novel AI algorithm, your IP counsel must be responsive, technically sound, and business-aligned.
Take control of your patent process—ensure that your representative evolves with your innovation needs.
Q1. Can I change my patent agent mid-prosecution?
👉 Yes, anytime before or after the First Examination Report or even post-grant.
Q2. Can I change agents for only one patent?
👉 Yes. File a separate Form 26 for each application you want to reassign.
Q3. Is the old patent agent notified?
👉 No formal notice is issued by the IPO, but best practice is to notify them in writing.
Q4. Can companies authorize a new agent without board resolution?
👉 Generally yes, but IPO may require proof of authority for large entities.
Q5. Is there a fee to change patent agent?
👉 No. Form 26 filing is free of charge.
Would you like a visual infographic, printable PDF version, or template of Form 26 along with this article?