The patent practice of the firm encompasses a fully packaged offering starting from searching, drafting, and filing of the Patent application to its prosecution followed by pre-grant and post-grant proceedings, dispute resolution, portfolio management, and renewal of patents.

Our Patent group is the perfect fusion of technology and proficiency in patent law, with a sound technical background in various areas such as biotechnology, chemistry, mechanical, electronics, electrical, pharmaceutical, computer software and renewable energy. Using case-specific strategies for patent protection, we provide our clients with the advice they need to stay competitive in the global and regional marketplace.

RNA is on the panel of various government-funded Research & Development organizations.

These include (TIFAC), (DRDO), (BCIL), (ICAR), (NIF), (NRDC), Ministry of Communication, and Information Technology. In addition, we also advise several global and Indian clients in the areas of life sciences, plant varieties, biological diversity, and bio-piracy.

We provide the full range of patent and related services including:

COMPREHENSIVE SEARCHING AND ANALYSIS

We conduct a range of comprehensive searches, from patentability searches, including the identification of relevant prior art (patent or non-patent), to freedom to operate for product launches and invalidity searches. Our searches are accompanied by a clear and straightforward analysis of the legal issues and assessment of risk.

FILING AND PROSECUTION OF PATENT APPLICATION IN INDIA

Well versed with the procedural requirements of the different patent filing routes in India, including the PCT, our patent attorneys work closely with their clients to ensure that the scope of the claimed invention is appropriate and that patent office requirements are complied with within the prescribed periods. They also work closely with clients to overcome any objections that may be raised by the Examiner. Our approach is creative; we have a reputation for ‘thinking out of the box’ in order to achieve the best result for our client.

PATENT TRANSACTIONAL WORK

Patents are a valuable asset; sometimes, in fact, a company’s most valuable asset – a major source of the company’s revenue. Successful commercial exploitation is, therefore, critical. We specialize in advising clients on all aspects of patent commercialization, from conducting IP audits and due diligence exercises to negotiating a wide range of commercial transactions and drafting all relevant documentation.

PATENT ENFORCEMENT

Our patent lawyers have extensive experience in patent enforcement in India. They know their way around the local scene and will always ensure that the appropriate enforcement strategy is adopted and the appropriate court/forum chosen. At the outset, they provide clear advice to the client and always aim to secure the best, and most cost-effective, result possible.

OPPOSITIONS, REVOCATIONS

We regularly provide expert opinions on patent validity and file opposition and revocation proceedings on behalf of our clients. We keep a regular watch on published applications and bring any conflicting patent applications to our clients’ attention, thus giving them the opportunity to oppose grants within the prescribed period.

PORTFOLIO MANAGEMENT, RENEWALS, RESTORATIONS

We continue to invest in state-of-the-art IT infrastructure to ensure that all deadlines are adhered to. We manage portfolios for some of the world’s largest multi-national companies as well as for start-ups and individuals.

We provide an inclusive range of services in the field of Designs including filing and prosecution of applications, cancellation proceedings, searching services, drafting of various licenses and assignments and pursuing actions. The firm has longstanding experience and expertise in successfully guiding clients through the design registration process.

COMPREHENSIVE SEARCHING AND ANALYSIS

We conduct a range of comprehensive searches, from registrability searches, which include the identification of any similar designs that may stand in the way of registration, to freedom to operate, and clearance searches for new products. Our searches are accompanied by a clear and straightforward analysis of the legal issues and assessment of risk.

FILING AND PROSECUTION OF INDUSTRIAL DESIGN APPLICATIONS

Design registrations protect the shape, pattern, or configuration of an object. With a success rate of more than 95% and experience registering designs from a variety of industry sectors, our Design Attorneys have developed the expertise to minimize formal objections from the Design Office leading to faster processing of applications.

DESIGN TRANSACTIONAL WORK

With growing awareness of the value of designs, companies are increasingly investing in design development and looking to license designs that have proven popular in the market. Our attorneys have extensive experience in transactional work for all forms of Intellectual Property, including designs; from valuations to the negotiation of a wide range of commercial transactions and drafting all relevant documentation.

DESIGN ENFORCEMENT

Our lawyers have extensive experience with all types of IP enforcement in India. In design cases, novelty is judged solely by the eye. With more than a decade’s experience registering designs and enforcing design registrations, our attorneys are well placed to advise and assess prospects. They know their way around the local scene and will always ensure that the appropriate enforcement strategy is adopted and the appropriate court/forum chosen. At the outset, they provide clear advice to the client and always aim to secure the best, and most cost-effective, result possible.

OPPOSITIONS, CANCELLATIONS

Failure to register a design may result in the design being registered by a third party. We regularly provide expert opinions on design validity, and, where appropriate, file cancellation proceedings on behalf of our clients to remove such third party designs from the Register. We keep a regular watch on published designs and bring any conflicting registrations to our clients’ attention.

PORTFOLIO MANAGEMENT, RENEWALS, RESTORATIONS

We continue to invest in state-of-the-art IT infrastructure to ensure that applications and registrations are effectively managed and all deadlines are adhered to. We manage portfolios for some of the world’s largest multi-national companies as well as for start-ups and individuals.

As the global economy develops, Intellectual Property theft is escalating and becoming increasingly sophisticated. In order to tackle the problem, IP owners need both access to detailed and reliable information and the ability to track infringing activity to its source including identifying intermediaries in the distribution chain. The scope of our IP investigations is global and the quality of our reporting world-class.

Our multi-lingual team of highly-skilled specialist IP investigators has, for more than a decade, been providing the full range of IP investigative services including:

1. Investigations relating to Counterfeiting & Piracy activity
2. Investigations relating to Patent, Trademark & Copyright infringement
3. Market surveys & Monitoring
4. Cyber Investigations

The team adheres to the highest level of ethical conduct, is well-versed in both civil and criminal IP remedies, and has extensive experience working closely with the various law enforcement agencies.

Enforcement

RNA’s enforcement team, which is made up of specialist IP lawyers, investigators, and other IP professionals, is experienced in all forms of IP enforcement and dispute resolution in India. In each case, we will determine the most appropriate course of action, advise on enforcement strategy, and, at all stages, provide detailed case management and reporting services. In every case our team endeavors to understand business objectives and tailor our approach to providing cost-effective solutions in a timely manner.

Over the last 10 years, we have handled more than 500 IP infringement and counterfeit cases in a wide range of industry sectors: from pharmaceuticals to IT and electronics; clothing, and FMCG to luxury goods. Our success rate, in both preliminary injunction applications and final judgment, is over 90%. Our team has also handled cases related to unfair competition, comparative advertising, parallel imports, online brand infringement, and copyright issues in the cyber world.

We do not, however, restrict ourselves to litigation in the courts: wherever appropriate, we make use of police, administrative and other authorities, such as Company Registries, Customs, and the Office of the Drugs Controller.

Border Control

Customs is the first line of defense against counterfeit/ infringing goods entering the country. In 2007, Customs’ powers were strengthened with the introduction of the Intellectual Property Rights (Imported Goods) Enforcement Rules, which provide that once an IP right has been registered with Customs, the import of allegedly infringing goods is prohibited.

RNA is among the largest filers of Customs records in India.

On behalf of our clients, we regularly organize workshops and training for Customs officers in various crucial ports across India, helping them identify counterfeit and infringing goods. This is an effective way of raising the level of awareness and keeping Customs’ officials engaged with our clients’ products.

With recent advances in technology and the ease of sharing, copying, and storing information in the digital world, one of the biggest challenges that businesses face is the protection of their confidential business information. This information can include business strategies, proposals, client databases and information, compilations, designs, programs, drawings, devices, formulae, or compositions. Not all types of information qualify for protection under the patent and copyright laws; further, specific data arise from a company’s day-to-day operations.

Many businesses are finding it challenging to safeguard their crucial information due to the various online and physical tools available to ease data transfer. The threat they face is external and can also come from internal sources such as employees and contractors who have access to critical business information.

Although India has no specific trade secrets law, Indian courts have upheld trade secrets protection under various statutes, including contract law, copyright law, the principles of equity and – at times – the common law action of breach of confidence (which in effect amounts to a breach of contractual obligation). Section 72 of the Information Technology Act 2000 also provides certain protection, although this is limited to electronic records.

The remedies available to the owners of trade secrets are:

• an injunction preventing a licensee, employee, vendor, or another party from disclosing a trade secret;
• the return of all confidential and proprietary information; and
• compensation for any losses suffered due to the disclosure of trade secrets.

RNA assists clients in all areas of trade secrets protection, including preventing trade secret theft or misappropriation, violations of non-competes, computer fraud, and trade secret audits. The firm has successfully obtained a preliminary injunction for its clients against former employees stealing its trade secrets and starting independent ventures. Other actions have been against contract manufacturers and competitors to misappropriate confidential information.