Ashwani Balayan

Practice Head, Patents and IP Litigation at ALG India Law Offices LLP
Ranked in India
IAM Research

The Patent 1000 focuses exclusively on patent practice and has firmly established itself as the definitive 'go-to' resource for those seeking world-class legal patent expertise.

Bronze - Individuals: litigation

Recommended - Individuals: prosecution

“ALG provides top-quality work at a reasonable price. They offer a high degree of technical proficiency in the subject area; a high level of responsiveness; a commonsense approach to responding to examination reports; and a team that is pleasant to work with. They always go the extra mile to achieve the goal.” Compact and dynamic, the New Delhi- and Hyderabad-based outfit leverages its cosmopolitan outlook and technical knowledge to deliver robust IP services, especially to international clients; the team is currently handling the IP portfolios of United Airlines, Best Buy and Merck, Sharp and Dohme, among others. Prolific filers and fierce enforcers, the team of seven provides tailored, out-of-the-box solutions. The outfit streamlines its services by employing cutting-edge tech for docketing and tracking of matters. Head of Patents Ashwani Balayan has extensive experience encompassing the whole IP spectrum: from drafting and prosecution to litigation and enforcement, he provides high-quality services across the board. He is especially skilled when it comes to biotech and pharma matters. “Proactive and eager, Ashwani has in-depth IP knowledge and a can-do attitude.”

Ashwani Balayan's Profile

A partner at ALG for over 12 years, Ashwani Balayan heads the firm’s patents and IP litigation practice. Ashwani’s practice spans across prosecution, advisory, oppositions, enforcement, litigation, and appeals with respect to patents, designs, and trademarks in India.

In his patents practice, Ashwani’s core area of expertise is in drafting, prosecuting, and enforcing patent claims across different areas of technologies, with special emphasis on pharmaceutical, biomedical, and bioinformatics related inventions. Ashwani also assists clients on pre-grant and post-grant oppositions, patent revocations proceedings, and infringement actions in addition to advisory on patentability, validity, and enforceability of patent claims. He also assists clients in complying with and obtaining necessary regulatory approvals for protection of patents and plant varieties, such as under National Biodiversity Act of India.

Litigation, mediation, and dispute resolution constitutes a large part of Ashwani’s practice, and includes appeals, oppositions, cancellations, and revocation proceedings in relation to patents, designs, and trademarks. Ashwani regularly appears and argues matters before IP offices, Opposition Boards, and IP Divisions of High Courts and District Courts. Ashwani also assists clients in conducting search and seizures of counterfeit goods after obtaining injunctions.

Ashwani works closely with in-house counsels of several Fortune 500 companies as well as academic institutes, universities, SMEs, start-ups, and individual entrepreneurs in strategizing the protection, management, and enforcement of their IP portfolios in India. Clients value Ashwani’s advisory and inputs on the transactional matters such as rights re-structuring agreements, licensing and assignment agreements, co-ownership and coexistence agreements, etc.

Ashwani is also an active member of several International IP organisations such as FICPI, INTA, IPO, AIPPI, APAA, and LES. He is currently serving as Co-Vice Chair of the Asian Practice Committee and Chair of India Sub-Committee of IPO. Ashwani is also an active member of Designs Committee of INTA. Ashwani enjoys writing and publishing on topics of interest and relevance in the IP space. 

Recently, in 2021, Ashwani was ranked amongst India’s top IP Lawyers by Asian Legal Business (ALB).

Firm Profile

Ranked among the world’s top 1000 law firms for both enforcement and litigation and prosecution and strategy, ALG is a top-tier technology-focused IP boutique law firm with offices in New Delhi and Hyderabad. The firm counts in its ranks leading attorneys, particularly the managing partner Sheja Ehtesham for trademarks and copyright; partner Ashwani Balayan heading firm’s practice of Patents and IP litigation; partner Abhimanyu Kumar for corporate commercial IP. partner Pranay Bali for trademark enforcement; and Of Counsel R.A.Tiwari, former Deputy Registrar of Trademarks and GIs, India.

Founded in 2000, the firm's law practice in India is recognised for its eminent quality and enviable innovativeness through major awards and notable industry rankings and listings, internationally as well as in India. The firm has an international outlook and has earned the reputation of being a go-to firm in India for clients, both domestic and international, that seek quality legal advice, responsiveness and representation. ALG is particularly recognised for its understanding of the industries it serves and for its highly personalised services and strategic insights as a consequence.

ALG boasts a robust IP enforcement, litigation, and advisory practice in all aspects of intellectual property, including patents, trademarks, designs, and copyrights. ALG is valued by its clients for its unique and creative dispute resolution strategies supported by a strong litigation and arbitration arm. ALG attorneys combine chamber practice with court practice. The firm is known for having a high success rate in obtaining compliance from infringers without resorting to litigation through carefully designed multi-pronged enforcement strategies pursued in different fora. Over the years the firm has successfully assisted its clients in conducting searches, seizures, civil and criminal raids, and obtaining injunctions and orders in range of cases related to counterfeit goods, piracy, infringement, and passing off.

The firm has a busy prosecution and contentious IP practice which serves a diverse range of Clients across industries and jurisdictions. The firm’s clients operates in sectors as varied as pharmaceuticals, media and entertainment, information technology, green technology, luxury, hospitality, automobiles, etc. ALG’s extremely high success rates in obtaining favorable outcomes before IP offices is attributable to comprehensively considered searching, clearances, and filing strategies, high-quality representations before the IP offices, and proactive approach towards oppositions and revocations / cancellations that are detail-oriented which dovetail the clients’ higher-level business objectives. The firm also assists registering its client’s IP with the customs and borders authority,  govt. agencies, and online retail markets, etc.

ALG has a specialized team with expertise in handling online infringements, and representing clients in domain name administrative proceedings under UDRP and INDRP. ALG also assists its clients with obtaining compliances under Information Technology (IT) Act, such as through take-down notices to intermediaries. The firm actively deals with issues relating to IP policy, regulatory and compliance, licensing and franchising, transactions, arbitration and mediation.

ALG takes pride in its sophisticated virtual office infrastructure, actively deploying newest technologies for unleashing efficiencies. Having elected to go paperless several years ago, ALG maintains files and systems in a fully digitised format. The firm’s in-house proprietary software platform for docketing, work allocation, tracking, billing, communications, etc. improves efficiencies and reduces client costs.

ALG promotes inclusivity and diversity within the firm, taking special pride in the fact that more than 15 languages are covered among the firm’s members, over 50% of whom are women. The firm also fosters a culture of legal scholarship and learning. ALG attorneys imbibe and share the firm’s culture of ever-specialising within IP and IP+ law.

ALG believes in making legal services available to all who need them, and ALG lawyers are involved in a range of pro bono work on behalf of various individuals and organisations.  

Unlock unlimited access to all IAM content