Manisha Singh

What makes LexOrbis stand out from other IP law firms?

LexOrbis is a premier full-service IP law firm with over 260 personnel, including over 150 attorneys at its four Indian offices in New Delhi, Bengaluru, Mumbai and Chennai. The firm provides client-oriented and cost-effective solutions for the protection, enforcement, transaction and commercialisation of all forms of intellectual property in India as well as globally.

The firm has been consistently ranked amongst the top 5 IP firms in India over the past decade. We are well-known for managing global patent, designs and trademark portfolios for many different technology companies and brand owners.

Our operations are driven by the years of expertise that our team brings to the table. LexOrbis has successfully integrated a remarkable group of attorneys, each holding vast industry experience and IP acumen. Our subject matter experts include seasoned attorneys, engineers, agents, scientists and technical specialists.

The firm has built a culture of providing impeccable service by working with clients as a team, right from the initiation of a project to its completion. Excellence, a solution-oriented approach and responsiveness are the core values on which the firm operates. The prolific experience of our attorneys and their passion for intellectual property has been expressed at various speaking engagements and through research articles on issues related to IP law in India.

Your firm works with clients across a range of industries, from chemistry and biotech to electronics and IT. How does the firm ensure that key personnel stay up to date on the latest developments in multiple fields?

Our focus has remained on integrating the right tools, resources and people to stay updated with the latest developments in intellectual property, while ensuring that we drive our operations in the most customer-centric manner. Our team constantly participates in training programmes to gain comprehensive insight on the latest laws, so we can effectively assist Fortune 500 companies, renowned universities, start-ups, R&D centres and other IP owners with the rapidly transforming IP landscape.

What changes have you observed in the Indian patent prosecution landscape over the past few years and what impact has this had on the way that the firm handles cases?

In recent years, the Indian patent prosecution landscape has seen significant changes, including:

• amendments to patent rules, streamlining procedures and align with international best practices;
• the digitalisation of filing and document submissions, enhancing accessibility;
• efforts by the patent office to improve examination quality;
• increased IP rights awareness among Indian businesses, leading to increased patent enforcement; and
• growth in emerging industries like technology, biotech and start-ups shaping patent filing trends.

These changes have influenced how firms like LexOrbis handle cases. We have adapted our strategies to adhere to new rules and processes, and our increased efficiency has led to faster patent grants. We have also placed a greater emphasis on better patent drafting for higher examination standards, expanding our expertise in emerging industries, and strengthening our litigation capabilities when it comes to handling a growing number of cases.

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

The Indian Patent Offices are responsible for the examination and processing of patent applications. Assessing them for novelty, inventive step, industrial applicability and non-excludability under Section 3 of the Indian Patents Act comprises the examination procedure. 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 enforcement process. It is anticipated that the Indian Patent Office's initiatives regarding examination will be implemented soon.

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 a growing number of start-ups and unicorns, and an effective IP system is essential for these sorts of enterprises to flourish. India has become the world's third largest start-up ecosystem because of its transformative new technologies. The country’s IP generation and protection regime has undergone continuous evolution over the past decade, primarily because of the government's efforts to increase the convenience of doing business and strengthening IP holders' rights. India's digital economic growth from the Digital India Initiative, IP support provided under the Make in India Initiative and global economic policy reforms (such as the National Intellectual Property Rights Policy, Draft Model Guidelines on Implementation of IP Rights Policy for Academic Institutions and the National Intellectual Property Awareness Initiative) are all factors that are contributing to the country's resilient IP regime.

These developments demonstrate that India is poised to lead the world's emerging markets in their efforts to transform their economic systems with innovation propelled by intellectual property. As its size and economic significance grows, 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 intangible assets. The Indian government aspires to establish a robust ecosystem for innovation and startup support, which 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 our clients is to obtain the earliest possible acceptance of patent applications. LexOrbis assists by providing an effective filing strategy, a cost-effective prosecution strategy, and promptly notifying our clients 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?

One advantage of litigation these kinds of disputes in Indian courts is the country’s  substantial consumer base and growing economy. Combined, these factors make for an attractive market for SEP holders, increasing the importance of enforcing such patents in the country. Further, Indian courts have experience handling complex IP cases, and some judges have dealt with with international IP matters. This expertise is crucial in understanding SEP/FRAND issues. Another advantage is that the Indian courts can be efficient in resolving disputes, due to having specialised IP divisions at the high courts. This could lead to faster resolution compared to some other jurisdictions. Another great advantage is that India has a robust technology sector, and this can be valuable in cases involving complex technology standards.

While India has made progress in IP enforcement, challenges remain in enforcing judgments and obtaining effective remedies. In the same breath, litigation in India often faces procedural delays due to court congestion and case backlog. Further, some aspects of SEP/FRAND jurisprudence in India is still evolving, which can lead to uncertainties in legal interpretations. Finally, in terms of global considerations, companies that are involved in international SEP/FRAND disputes may have to navigate different legal systems and coordinate strategies across jurisdictions, which can be challenging.

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 by employing a state-of-the-art docket management system (Dennemeyer). We have also integrated a robust document management system, task management system and auto-invoicing system to streamline our services.

As an employer, LexOrbis has generated numerous employment opportunities for female professionals, attorneys, paralegals and administration experts. Over the past year, more than 75% of the firm’s new hires were women at different associate, manager and support levels. We have created a safe workplace for women, devoid of societal predispositions, that is unwaveringly inclusive, and where no distinction is made based on factors such as gender, religion, region, ethnicity, personal choices and physical attributes. The dearth of progressive opportunities for women in the workplace has prompted us to create policies where everyone can explore their full potential, irrespective of their gender. A key example of how we have put these beliefs 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 grievances of our clients and providing them with customised solutions for their effective IP management. The firm has operated on the belief in a more inclusive and transparent IP landscape in India, thus we have constantly endeavoured to aid new IP owners in understanding compliance liabilities and effective remedies in case of breaches and disputes.

Our firm has also been active in partnering with R&D teams within corporations and research organisations to help them make well-informed IP decisions. Our team has ceaselessly worked towards creating a more secure and accessible innovation market in the country 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 and expanded our physical presence in the city of Chennai. In the next 12 months, the firm also plans to expand its operations to another office in a leading metropolitan city in India. Further to this, we have received many accolades and honours during the last 12 months, including:

• Lex-Falcon Global Awards 2023: Manisha Singh has been recognised under the category Inspiring IP Falcon for Key Practices - Dispute Resolution, Litigation and Intellectual Property;
• Mondaq Thought Leadership Awards, Spring 2023: Manisha Singh and Nisha Sharma have been recognised;
• Forbes India Legal Powerlist 2022 in association with Legitquest: LexOrbis is recognised as the Top Law Firm with over 10 years of experience, Partner Manisha Singh has been awarded Top Managing Partner with over 10 years of experience, and one of the Top 100 Individual Lawyers, and Partner Amaya Singh was awarded Top Law Firm Management Professional with over 10 years of experience;
• BIZ ASIA Legal Awards 2022: LexOrbis has been named Best Intellectual Property Firm of The Year;
• Indian Legal Awards 2023: LexOrbis was awarded Patent Law Firm of the Year, Managing Partner Manisha Singh was awarded Intellectual Property Lawyer of the Year and Partner Abhai Pandey won the Trademark Lawyer of the Year award;
• North India Woman Leaders 2023: Amaya Singh has been recognised under the Stars of the Industry category;
• ALB India Rising Star 2023: Akash Dixit and Ritika Agarwal, have been recognised;
• India Business Law Journal: Joginder Singh has been included in the Future Legal Leaders category;
• WTR1000: LexOrbis has once again been recognised as a top-tier organisation in the categories of Silver-Firms: prosecution and strategy, as well as Bronze-Firms: enforcement and litigation;
• WTR1000: Manisha Singh, Abhai Pandey and Omesh Puri have been identified as outstanding individuals and highly recommended by WTR;
• Asia IP Awards: LexOrbis is the winner of the 2022 India IP Awards for both IP Prosecution Firm of the Year and Pharma, Biotech & Life Sciences Firm of the Year;
• WIPF: Partner Manisha Singh was lauded with the title of Powerful Women in IP 2023; and
• 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.