LexOrbis

In recent years, the Indian patent prosecution landscape has seen significant changes, namely, updating patent rules to streamline procedures and align them with international best practices, as well as digitalising our filing and document submission processes to enhance accessibility. Further, we are seeing increased IP awareness among Indian businesses, efforts by the patent office to improve examination quality, and growth in emerging industries beginning to shape patent filing trends. In response, we have been adapting our strategies to align with these new rules and processes, placing a greater emphasis on improved patent drafting, and strengthening our capability to handle an influx of patent litigations.

If you could make three changes to the examination process before the Indian Patent Office, what would they be and do you think they are likely to happen?

Accelerating the examination process, revising the guidelines for various types of inventions on a regular basis, and considering additional data submitted during prosecution are three changes that could affect the quality of granted patents and enforcement process. It is anticipated that the Indian Patent Office's current initiatives with regard to examination will be implemented in the near future.

India is constantly evolving when it comes to intellectual property - what main developments are propelling India onto the global stage right now?

India is witnessing an increasing  number of start-ups and unicorns, and an effective IP system is essential for these to flourish. Our country  has become the world’s third-largest start-up ecosystem as a result of its production of transformative new technologies. The IP generation and protection regime in India has undergone continuous evolution over the past decade, primarily as a result of the government's efforts to increase trade accessibility and to strengthen IP holders' rights. India's robust digital economic growth owing to the Digital India initiative, IP support provided under the Make in India initiative, and global economic policy reforms by the government such as:

• the National Intellectual Property Rights Policy;
• the Draft Model Guidelines on Implementation of IP Policy for Academic Institutions; and,
• the National Intellectual Property Awareness Initiative.

All these are factors that contribute to the country's resilient IP regime. As its size and economic significance on the international stage grows, these developments demonstrate that India is poised to lead the world's emerging markets in their efforts to transform their economic systems through IP-driven innovation. India has taken significant steps to strengthen enforcement against content infringing on IP rights, and to provide a world-class framework with which to promote enhanced understanding and utilisation of IP assets. The Indian government aspires to establish a robust system for innovation and start-up support that would foster long-term economic growth and generate numerous employment opportunities.

What are some of the biggest pressures on your clients right now, and what is LexOrbis doing to help them overcome these?

The greatest pressure on clients is to obtain the earliest possible acceptance of patent applications. To help them handle this, LexOrbis has been providing an effective filing strategy, assisting in providing a cost-effective prosecution strategy and promptly notifying them of any changes in practice and development.

India has positioned itself as a key litigation venue for global SEP licensing disputes. What are the pros and cons of litigating SEP/FRAND disputes in Indian courts?

A significant advantage has been India’s market size; its substantial consumer base and growing economy make it an attractive market for SEP holders. Further, the judiciary’s experience in complex and international IP cases, their efficiency in resolving disputes, and India’s strong understanding of technology standards contributes to the pros of litigating SEP/FRAND disputes in these courts. Despite such advantages, India faces challenges in enforcing IP judgements and obtaining effective remedies, procedural delays caused by court congestion and case backlog, uncertainties about some aspects of SEP/FRAND jurisprudence as it evolves, and difficulties navigating different legal systems and jurisdictions.

How does LexOrbis’ leadership manage the firm to ensure that clients receive the highest standard of service while all staff fulfil their potential?

We have been providing client-driven, all-inclusive IP and other legal solutions employing a state-of-the-art docket management system (Dennemeyer). We have also integrated  robust document management, task management and auto-invoicing systems to streamline our services.

As an employer, LexOrbis has generated numerous opportunities for female professionals – attorneys, paralegals and administration experts alike. Over the past year, over 75% of the firm’s new hires were women at different associate, manager, and support levels. The firm has created a safe workplace for women, devoid of societal predispositions, and has unwaveringly created an inclusive culture, where no distinction is made based on factors such as gender, religion, ethnicity, personal choices or physical attributes. The dearth of progressive opportunities for women in the workplace inspired us to create policies where everyone can explore their full potential, irrespective of their gender. A key player in putting these policies into practice is our Mumbai office, which is led and operated by an all-female workforce.

You assist clients in their move “from the intangible to the tangible”. What does this approach look like, and how does it differ based on the type of company you are dealing with?

Our client strategy has always involved identifying the actual pain points of our clients and providing them with customised solutions for effective IP management. The firm has operated on the belief that is it crucial to establish a more inclusive and transparent IP landscape in the country. Therefore, we have constantly endeavoured to aid new IP owners in understanding compliance liabilities and effective remedies in case of IP breaches and disputes.

Our firm has also been active in partnering with R&D teams of corporations and research organisations to help them make well-informed IP decisions, while ceaselessly working towards creating a more secure and accessible innovation market for budding creators and innovators. Our collaboration with such R&D teams and research institutions is a fine example of the firm’s groundwork to enhance IP awareness and endorse disruptive technologies.

What are some of the firm’s proudest achievements from the past year?

We have recently opened our new branch office and expanded our physical presence in the city of Chennai. In the next 12 months, the firm also plans to expand its physical operations to another branch office in a leading metropolitan city in India. In addition to these achievements, some of the accolades and honours received by the firm during the last 12 months include:

• Lex-Falcon Global Awards 2023 – our partner Manisha Singh has been recognised under the category Inspiring IP Falcon for Key Practices: Dispute Resolution, Litigation and Intellectual Property.
• Manisha Singh and Nisha Sharma were recognised at the Spring 2023 Mondaq Thought Leadership Awards.
• LexOrbis was recognised as the Top Law Firm with over 10 years of experience by Forbes India Legal Powerlist 2022 in association with Legitquest.
• Manisha Singh has been awarded the Top Managing Partner with over 10 years of experience, and one of the Top 100 Individual Lawyers. Partner Amaya Singh was also awarded Top Law Firm Management Professional with over 10 years of experience.
• LexOrbis was named Best Intellectual Property Firm of The Year at the 2022 BIZ ASIA Legal Awards.
• LexOrbis won Patent Law Firm of the Year at the Indian Legal Awards 2023. Managing partner, Manisha Singh was awarded Intellectual Property Lawyer of the Year and Abhai Pandey won Trademark Lawyer of the Year award.
• Amaya Singh was recognised by North India Woman Leaders 2023 under the Stars of the Industry category.
• Akash Dixit and Ritika Agarwal have been recognised under the 2023 ALB India Rising Star category.
• Joginder Singh has been included in the India Business Law Journal’s Future Legal Leaders.
• LexOrbis has once again been recognised by WTR 1000 as a top-tier organisation in the categories of Silver Firms: Prosecution and Strategy, as well as Bronze Firms: Enforcement and Litigation.
• WTR 1000 identified Manisha Singh, Abhai Pandey, and Omesh Puri as ‘outstanding individuals’ and highly recommended them.
• LexOrbis  won the 2022 India IP Award for both IP Prosecution Firm of the Year and Pharma, Biotech & Life Sciences Firm of the Year.
• Partner Manisha Singh was lauded with the title of Powerful Woman in WIPF IP 2023.
• In the 5th Edition of the IPTSE Awards, Manisha Singh was awarded the prestigious IP Recognition Award in recognition of her outstanding contributions to the field of intellectual property.