Summary
This interview with Mr. Somashekar Ramakrishna, Partner at BananaIP Counsels, explores the evolving landscape of patents in the Indian automobile sector and the significant role of SMEs in driving incremental innovation. Mr. Ramakrishna discusses the art of patent prosecution, highlighting the importance of understanding both invention and examination, and compares practices between US and Indian patent firms. He critiques the Indian patent process, suggesting improvements in quality, speed, and policy direction, while also reflecting on the draft National IP Policy. His vision for India’s patent future is grounded in knowledge, innovation, and global competitiveness.
About the Interviewee
Mr. Somashekar Ramakrishna is a mechanical and automotive patent attorney and prosecution specialist with extensive experience in both Indian and United States patent practice. He holds a Masters Degree in Intellectual Property from Franklin Pierce, USA, and a Bachelors Degree in Mechanical Engineering from VTU. He has worked with UNIDO as part of their IP intervention team supporting SMEs, and has previously worked at a US Patent firm where he drafted and prosecuted US patent applications.
Automobile Patent Trends and Challenges
Interviewer: The automobile industry in India has seen new heights over the last decade and continues to grow fast. As a leading automobile patent attorney, what according to you are the trends and challenges in automobile patent progress?
Mr. Ramakrishna: Comparatively, the automobile industry has not progressed as much as the electronics and telecom sector from the patent perspective. However, the Bajaj decision, and market opportunities in the automobile sector as a whole, has spurred patent activity in India among both Indian and foreign companies. Indian companies like Mahindra and Tata have been filing patents aggressively during the last three to five years. Their patent numbers have been growing exponentially during this period. A similar trend is noticed with foreign companies like Ford and Hyundai.
A positive trend of substantial growth in patents is anticipated for the industry in the forthcoming years, as an inevitable result of their role in building and maintaining a competitive edge. For Indian companies, the challenge will be in moving from incremental, cost-based innovation to path-breaking inventive activity.
SMEs and Intellectual Property
Interviewer: Many believe that SMEs have an important role to play in India’s progress towards a knowledge economy. Can you share your experiences of working with Small and Medium Enterprises as part of the team appointed by the United Nations Industrial Development Organisation (UNIDO) in India? Do you think Indian SMEs have the ability to generate path-breaking inventions, or are their abilities over-rated?
Mr. Ramakrishna: Working with UNIDO was not only a great learning experience but was also an eye-opener in many ways. While performing audits and setting up systems in small machine tool, plastic and foundry companies, an opportunity arose to look at the world, market and competition through their perspective. Some of them are actually doing remarkable work, but it is either lost in the process or usurped by large companies. The role of SMEs is certainly not overrated.
MSMEs primarily contribute incremental inventions and developments. One may see a significant invention once in a while, but that does not reflect a consistent trend. Nevertheless, their innovations will play a crucial role in India’s progress towards an innovative economy.
The Art of Patent Prosecution
Interviewer: Many clients have commended you as one of the best patent prosecutors in the country. Can you share your thoughts on the art of patent prosecution? Does it vary between countries?
Mr. Ramakrishna: There are no guidelines etched in stone when it comes to patent prosecution. Prosecution strategies are adopted on a case-by-case basis. The outcome of a case broadly depends on:
- How well the attorney understands the invention disclosed in the specification;
- How well the attorney understands the Office actions and Examination reports;
- How familiar the attorney is with the patent law of the relevant jurisdiction to adopt appropriate strategies; and
- How frequently the attorney updates knowledge of prevailing case laws.
Another important aspect is to approach examination with the mindset that the examiner is not hostile towards the application. With this mindset, every response to an examination report and every interview with the Examiner becomes a discussion rather than an argument. In practice, most patent examiners, both in the United States and India, have been open to discussions and helpful, and in some cases have suggested appropriate claim amendments to obtain the appropriate scope of protection and to overcome rejections.
Patent prosecution strategies vary based on the prevailing patent laws and rules of each country, but a constructive and non-adversarial mindset towards the examiner remains valuable across jurisdictions.
Differences Between US and Indian Patent Practice
Interviewer: You have experience working with both a US patent firm and an Indian firm. What are the key differences in patent practice and approach?
Mr. Ramakrishna: US patent firms in general structure their teams based on technology. A person holding a mechanical or related degree is assigned to work on related inventions, and a person with a biotechnology background is assigned to biotechnology-related inventions. This approach is also largely driven by client requirements. Technology-based team structuring has become the preferred model in India as well, with Indian companies increasingly favouring this structure as their IP awareness has grown.
Proposed Changes to the Indian Patent Process
Interviewer: If given the opportunity, what would you change with respect to the Indian patent process?
Mr. Ramakrishna:
- Improve the quality of patent prosecution. The examination reports received from the Indian Patent Office are today not up to the mark, though they are better than they were a decade ago.
- Improve the pace at which the Indian Patent Office operates and responds to simple actions such as Foreign Filing Permits and Certified Copies.
- Introduce a speedy prosecution highway.
The Draft National IP Policy and Patent Practice
Interviewer: There have been arguments that the draft National IP Policy does not address patent issues in a meaningful manner. Do you think it addresses patent practice issues adequately?
Mr. Ramakrishna: The draft National IP Policy has addressed routine patent-related issues such as the upgradation of patent offices, expeditious examination, and training of personnel. The broader policy perspectives pertaining to the role India should play in effectively positioning itself in the international arena of advanced patent administration — including participation in IP five-office initiatives, patent prosecution highway and similar mechanisms — could have been reflected more effectively.
A quality national IP policy should provide effective guidelines with both long-term impact and short-term strategies. While the inclusion of promotion of SMEs and the suggestion for introduction of utility models with a first-time patent fee waiver for SMEs is appreciated, appropriate direction suitable for the Indian scenario, and its proper alignment with the existing patent system, could have been provided more clearly. With the comments, suggestions and inputs received from stakeholders, it is hoped that the final policy framework will reflect India’s considered stand on intellectual property.
India’s Patent Landscape in 2025
Interviewer: From the patent perspective, where do you see India in 2025?
Mr. Ramakrishna: Taking into consideration the setting in of global competitiveness and Indian industries having geared up to take on the challenges, India is expected to be at the forefront of the global knowledge economy and to contribute substantially to core inventions by 2025. Today, the IP landscape in India is driven too much by western issues and interests, but that is expected to change as Indian industry matures in its approach to intellectual property.
Advice for Aspiring Mechanical Patent Attorneys
Interviewer: What is your advice for aspiring mechanical patent attorneys?
Mr. Ramakrishna: One should understand the progressing technology appropriately, thoroughly study the trends in claim construction, and ensure that effective drafting and prosecution of patent applications is done to safeguard the legitimate interests of the inventor or assignee.
A Patent Dream for India
Interviewer: Can you share your patent dream for India?
Mr. Ramakrishna: The aspiration is for an India where knowledge is paramount, inventors are treated as kings, and creation is the order of the day.
Note: The views expressed in this interview are those of the interviewee in his personal capacity.
Disclaimer
This article is for general information and does not constitute legal advice. Readers should consult a qualified attorney before acting on any matter discussed here.