(Dr Kalyan C Kankanala)

Can you briefly give me an overview on patent filing in India, specifically in AI?

Dr. Kalyan: The number of of patent filings has significantly increasing from 2014. from 1999 to 2014, Indians filed about 1.2 lakh patents but from 2014 to 2019 alone, the numbers stand at 2.3 lakh. In the last 3 yrs, nearly 53,000 patents were filed with an increase of 1-2% every year. And this is also being seen with with grants. AI is a very loose term and encompasses many things. Based on what we've seen so far, in what we notice and recognise as AI - there has been an increase in filing in AI-related patent application in the last three yrs. 

(Nitin Nair)

Nitin: We are seeing an increase in AI-related patent filings in India, mostly for personal devices and computing devices. Another area that's witnessing an increase seen in recent times with COVID19 is biomedical applications, diagnostics and lab-related activities. Several patents are being filed to simplify the process of collection, analysis and extrapolation of data. Some educational and research institutions are filing patents on how to analyse COVID-related data and how to present them. In diagnostics, research institutions are working on how to speed up the RT-PCR tests or diagnose samples faster.

Take me through the process of filing a patent  

Dr. Kalyan: The process of acquiring patents starts with identifying an invention. Several companies, startups and individuals do not realise the value of what they possess. We guide them through an activity called invention or IP mining where we identify inventions that can be taken forward for patenting. This is following by another exercise to link them with viable business objectives and analyse the chances of the client acquiring a patent or not. if the outcome from these activities looks promising and the company or individual has the budget, a patent application is drafted. This usually requires people with a background and/or expertise in technology. This is followed by patent prosecution carried out. If the patent in question is in AI, companies are usually looking to commercialise these patents across multiple markets and geographies so we provide strategic inputs on these areas as well 

Can you describe the talent landscape among the legal fraternity to take on highly specialised patents, such as areas like AI? 

Dr. Kalyan: When we started in 2003, the number of firms with expertise in technology and law could be counted on one's fingertips. This has now drastically changed. We're seeing more lawyers with a technology background, and lawyers who go on to specialise in technology. BananaIP has a particular expertise in identifying individuals with this combination of skills. As technology matures, you need people with specialised tech qualifications. When it comes to AI, the expertise needs to be a notch higher like a Masters or PhD. While this kind of expertise hasn't grown yet, I believe it will slowly build over time. As a firm, we started with tech, law and management as core specialties and this has helped scale in terms of growth and number of filings. Before 2014, we did about 100 patents a year and now, we do upwards of 1000 every year. 

Nitin: I head the Artificial Intelligence, Machine Learning, Telecom Technology, Electronics / Electrical and IT/Software Patent Practice of the firm. I did my masters in Electrical Engineering from Syracuse University USA. I don't have an LLB but do have a Post Grad Diploma in IPR. In addition, folks like me do a lot of courses in various subsects of law. While my formal education is in tech, I have spent a lot of time reading law and can support clients with strategies on protecting their inventions. Ideally, a person who's working in patents should have knowledge of both areas. This is the kind of guidance technology companies and startups seek today. 

What are the biggest challenges in the patent filing process and how can a firm like yours address it? 

Dr. Kalyan: The first challenge is identifying an invention worth protecting. People assume a patent generates income - less than 1% of patents generate revenue for an individual or company. There is an element of expertise that firms like us possess to analyse patents, and formulate a competent document that is used for valuation, commercialisation and litigation. This document is the go-to piece of legal paper that lends credibility to the patent on legal grounds. Another challenge I see businesses face is converting patents into something of monetary value. Only a handful of companies have been able to build these skills but more needs to happen in this domain. 

Nitin: Understanding technology is something several lawyers lack. There are courses being offered by reputed institutes like IIT Kharagpur and UPES Dehradun that combine technology with law. More courses are needed to bridge the gap in the quality of legal counsel. Legal professionals would be better served having a tech background in today's times 

What trend do you expect to see in the coming year with respect to AI patent filing? 

Dr. Kalyan: AI in e-learning is big and I think there is incremental growth in the use of AI to manage disabilities.

Nitin: Unlike foreign filings where emphasis is on transportation, aeronautics and self driving, India's growth in AI-related patents is driven by personal devices, computing and telecom. 

Any specific recommendations you want to give to government/aspiring patent filers/patent offices?

Dr. Kalyan: Several startups and inventors believe that patents mean money in the bank. I have worked with several inventors and educational institutions to commercialise patents but many inventors don't make money. My advice to everyone filing patents is to explore the commercial and economical viability of their patents so that they can generate income. 

Nitin: Inventors often don't consider many of their inventions worthy of a patent. They think what they come up with is too miniscule, and think that patents are meant for extremely innovative and path breaking inventions. Any small innovation can and should be considered for a patent, and they should be on the lookout everyday to discover nuances in processes that could be worth patenting.