Pekama Insight – Dr. Sudhir Ravindran Talks IP From India

In the 1st of our Pekama Insight member interviews we talk to Dr. Sudhir Ravindran of Altacit Global, India.

Hi Sudhir, how many IP professionals work in your firm?
20

How long have you been practicing IP?
18 Years

What is the focus of your practice?
Corporate & Intellectual Property

Tell us a bit more about yourself. What do you like to do in your spare time?
I am the founder of Altacit Global, a leading Indian Law Firm. I am the author of the Book Intellectual Property Risk Management, published by LexisNexis. A Engineer & Lawyer, with Master Degrees in both streams from the University of Warwick. I have also been awarded a Doctorate (Phd) in Law from Nalsar University, India. I enjoy reading and watching movies in my spare time.

What do you see as the biggest challenges to the IP industry?
Prosecution and Judicial Delays are the biggest challenges to the IP Industry.

If you don’t mind sharing what’s your firms most competitive advantage?
A boutique firm with strong regional presence in India with offices in Chennai, Bangalore, Cochin, Hyderabad and Coimbatore

What are the biggest changes you have seen within the IP Industry?
Less investment by Indian companies even to protect their core IP.

How do you see yourself making a difference to the IP Industry?
Providing a sound strategy and 360 degree planning

Turning to your services now, we want to assemble some useful information for our community members and make them more aware of the different ways IP is handled in different jurisdictions, so I would like to ask you some questions about IP protection in one of the jurisdictions where you practice. What is the jurisdiction that you would like to talk about?

Starting with patents –   Is India member of the Paris convention and PCT?
Yes

What is the typical time from filing to grant in your jurisdiction?
3 to 4 years

Is India a member of any PPH agreements?
No

Is there a green track for environmentally-friendly inventions?
No

Are there other acceleration processes?
For Startup Companies there exists an acceleration process

Can you elaborate on opposition processes – how do they work, what do they typical cost and how long do they take?
India has both pre-grant and post grant oppositions. Pre-grant oppositions can be filed from the date of publication to the date of grant. Post grant application can be filed from the date of publication of grant within 12 months. The time taken is anywhere between 12 to 36 months

Are there any waivers from examinations and if yes, in which terms?
No waivers from examination are available

What’s the approach of your jurisdiction to software / business method patents?
Under Section 3(k) of the Indian Patent Act “a mathematical or business method or a computer programe per se or algorithms” are not patentable in India.

Are there limitations to protection of healthcare-related inventions?
There are no limitations to protection of healthcare related inventions. However, under Section 3(i) of the Indian Patent Act “any process for the medicinal, surgical, curative, prophylactic [diagnostic, therapeutic] or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their product” are not patentable in India

Do you have utility models / innovation patents?
No

If yes – is there substantive examination?

Moving to trademarks –

Is India a member of the Madrid protocol?
Yes

Are there multi-class applications in Japan?
Yes

What are the minimum filing requirements?
User Affidavits are basic requirement

Is a certified priority document required?
Yes

What is the opposition period?
Oppositions have to be filed within a period of 4 months from publication

What is the use requirement and when do marks become vulnerable for cancellation?
Non use for a continuous period of 5 years

For how long are trademarks valid?
10 years on a renewable basis

What is the approach to 3D trademarks?
India permits the registration of 3D trademarks.

How do you see your future involvement in the Pekama community?
Strong Partner and Contributor.

What can Pekama do to help you and your business grow?
Pekama helps in both outward and inward referrals which helps get in new work.

What can I do for you already that can help your firm?
Pekama is not merely a tool or platform, it helps connects in real time law firms and attorneys around the world. IP prosecution is time sensitive and the insistence on timely response helps us address our respective client needs.

What are the leading economic sectors which you service in your country?
Pharma, Information Technology, Automotive, Consumer Goods.

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