he is a citizen of India;

he has completed the age of 21 years;

[Omitted by the Patents (Amendment) Act, 2005]

has passed the qualifying examination prescribed for the purpose; or

has, for a total period of not less than ten years, functioned either as an examiner or discharged the functions of the Controller under section 73 or both, but ceased to hold any such capacity at the time of making the application for registration;

he has paid such fee as may be prescribed.

(2)

Notwithstanding anything contained in sub-section (1), a person who has been registered as a patent agent before the commencement of the Patents (Amendment) Act, 2005 shall be entitled to continue to be, or when required to be re-registered, as a patent agent, on payment of the fees as may be prescribed.