What recent decisions or legislative developments are having the biggest impact on India’s patent prosecution landscape, and how are you adapting your approach to manage this?
India’s patent prosecution landscape has undergone significant changes following the 2024 Patent (Amendment) Rules, which aim to streamline the examination process and set clearer timelines. Increased penalties for missed deadlines make it critical for patent attorneys to promptly submit well-prepared responses. The patent office can now extend deadlines, but with a high fee, providing flexibility for applicants facing procedural challenges.
The amendments have also improved the pre-grant opposition process by reducing response times and introducing provisions for expedited examination, underscoring the need for thorough prior art searches. Revised working statement requirements reduce administrative burdens by allowing patent holders to report every three years.
In response, we have adopted an agile approach that focuses on comprehensive prior art searches, preparing detailed replies to office actions and meticulously drafting claims. Continuous staff training keeps our legal teams abreast of developments, ensuring effective guidance for clients.
As partner at Chadha & Chadha, what characteristics do you look for in a world-class patent team, and how do you go about building one?
Creating a world-class patent team requires combining technical and legal expertise with a client-centric approach. Each team member must possess profound technical knowledge in their respective technical field, from computer sciences, life sciences and electronics to AI and machine learning to navigate complex inventions and legal intricacies.
We specialise in cutting-edge fields to stay at the forefront of technological innovation. Recruiting talent with strong technical and interpersonal skills – supported by mentorship and continuous education – is essential. Diverse perspectives drive innovation, while advanced patent-management tools boost productivity. Clear communication enables us to translate complex technical concepts into persuasive patent applications and legal arguments. Ongoing education, regular team meetings and a positive work environment help us to consistently exceed client expectations.
You are known for drafting and prosecuting global patent applications. How do you account for jurisdictional differences?
Navigating global applications requires a strategic approach that considers varied laws, practices and procedures across jurisdictions. I ensure that clients’ innovations are well protected by continuously educating myself on patent laws in different jurisdictions and staying updated on examination practices by regularly meeting foreign colleagues and seeking their insights and local patent office guidelines. Having undertaken the FICPI-SEAD training, I appreciate its teachings of multi-jurisdictional patent drafting and prosecution, and I regularly refer team members to build similar expertise.
My approach tailors patent drafts to jurisdictional requirements, adapting them for clarity and persuasiveness. We evaluate filing strategies based on client needs, choosing between regional applications like the EPO or direct filings in individual countries. Collaborating with local counsels helps to address procedural and cultural nuances.
In a world where more assets are not patentable, how do you communicate the significance of trade secrets to your clients?
We offer customised presentations and sensitisation training to our clients that focus on the strategic value of trade secrets, using case studies to illustrate their competitive advantage. Client-specific workshops provide a hands-on environment, in which we engage directly with their challenges, suitably covering areas like trade secret protection and other IP rights.
These training programmes educate clients on confidentiality agreements and internal security measures to protect their trade secrets, ensuring that our advice aligns with their needs. We also provide resource materials, including guides and checklists, to help clients effectively implement IP protection strategies.
One-on-one discussions allow us to assess a client’s current practices, identify its vulnerabilities and offer tailored recommendations to enhance its trade secret strategy. We continuously engage our clients with others in the same or other industries through seminars and events to deepen their understanding of the practical applications of trade secrets.
What inspired you to pursue a career in intellectual property, and what advice would you give someone considering a similar path?
From a young age, I was captivated by the process of turning ideas into transformative innovations, which led me to pursue a career in intellectual property. As a patent attorney, I help inventors protect their intellectual assets in a field that constantly evolves with technological advancement and globalisation, making every day a stimulating experience. What excites me most is how this dynamic field bridges creativity and law.
For aspiring IP professionals, I recommend building a solid foundation in both technology and law. Collaboration is crucial, as IP professionals work with inventors, researchers and business leaders. This field offers a rewarding opportunity to protect innovations and shape the future of creative industries.