tag:blogger.com,1999:blog-5574479.post5820697627404421539..comments2024-03-19T12:09:41.188+00:00Comments on The IPKat: Can IP Counsel Have a Business Strategy?Verónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-5574479.post-57695433405570093462012-01-18T00:45:07.753+00:002012-01-18T00:45:07.753+00:00This familiar scenario is pregnant with reasons wh...This familiar scenario is pregnant with reasons why Felix should pack up being an attorney. Arrogance being one of them. The business plan is not aligned with the patents! He’s a nit. That is not the problem.<br /><br />A bit risky, because he has not seen the plan, but if he is feeling brave I would suggest he inform the client that the patent applications should be abandoned as they are not aligned with the business plan devised by the client and his consultant. I think this is a much better approach than trying to impose his inevitably flawed commercialisation plan on the client to fit what he has prepared and filed.<br /> <br />The risk with this of course is having to explain to the client how he is now into £30K of IP spend for no value. I already have your money dude!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-42549651668053602102012-01-17T17:01:17.129+00:002012-01-17T17:01:17.129+00:00The attorney should explain to the client that IP ...The attorney should explain to the client that IP divorced from a commercial strategy is money poorly spent, and that to get the right IP strategy the attorney needs to know the commercial strategy.<br /><br />The attorney should also identify the commercial consultant and gauge their background. There are a lot of consultants out there who have retired from a specialised business and assume their insights are generally applicable.<br /><br />Those consultants who know their stuff generally welcome collaboration with the attorney. After al, close collaboration generally gets the best results. <br /><br />Those who do not know their stuff tend to be very defensive as they are insecure in their ignorance. It sounds like Felix has met the latter type.Meldrewhttps://www.blogger.com/profile/09841440718012449720noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-37106176075738124122012-01-17T16:24:07.426+00:002012-01-17T16:24:07.426+00:00This is a very difficult situation, and I can say ...This is a very difficult situation, and I can say that is extremely difficult, and utterly ungrateful, to attempt to save a client from himself (never mind from a persuasive "consultant").<br /><br />The best solution is to try to explain the situation as clearly as possible, preferably using colourful charts (MBA types like them almost as much as toddlers). A nice colour timeline with big numbers at the strategic points can be much more useful than a thousand words in getting a point across.<br /><br />Always remember: for business communication, the model to follow is "Sesame Street". Just a few letters and numbers, in a large format and bright colours, and endless reiteration. Juvenile jokes and silly puns also help.Curious Anonymousenoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-14075958089160290872012-01-17T13:17:20.743+00:002012-01-17T13:17:20.743+00:00You are mixing up 2 separate issues. Firstly, busi...You are mixing up 2 separate issues. Firstly, business advice on commercialisation is not the domain of a patent attorney. There may be exceptions, but use an attorney for what they are good for (door stops maybe?). Secondly, the IP strategy must relate to the commercialisation strategy the former is what the attorney should be good for (except we have our 'private practice' attorneys, and those who are not partners do, I hear, make good door stops, while the partners are just good for making money)<br /><br />Sending invoices is the only real way to get a dis-interested, slow-moving, unhelpful, client to pull their finger out. Some clients like to delay the conclusion of a piece of work (eg filing an aplpication) just to delay the arrival of an invoice. I find an interim invoice always lubricates the provision of that data or comments that is preventing me completing the work.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-50051982977674131942012-01-17T13:02:12.659+00:002012-01-17T13:02:12.659+00:00Send an Invoice. It usually means clients call you...Send an Invoice. It usually means clients call you up and that will give a verbal opportunity for discussion.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-59494546466506777862012-01-17T12:31:56.032+00:002012-01-17T12:31:56.032+00:00Perhaps a bit of a biased comment but here goes:
...Perhaps a bit of a biased comment but here goes:<br /> <br />Given the fact pattern above, I think it is essential for Felix to get the consultant, the counsel and the patent attorney in the same room to discuss this and hammer out an understanding of 1) what is the goal, and 2) how each of them can help Felix get there. This is their professional obligation, regardless of their personal feelings. None of them can work in a vacuum, and all of them actually have the same goal - to maximize Felix's chances for success. If the consultant refuses to listen to the patent attorney, then it is time to switch consultants as he is pandering to his own ego, and not looking out for the client's best interests. Furthermore, the consultant may be trying to achieve something which the IP position, or legal regime does not support. Likely in such a situation, each side is in possession of critical information that the other side is not aware of. <br /> <br />Similarly, if the patent attorney or the counsel refuse to take prudent or reasonable steps to achieve Felix's goals, or in fact somehow prevent Felix from achieving the goals, then this is a perfect example of a malpractice suit waiting to happen - especially since you are virtually guaranteed to have a disappointed client. Similar sanctions or legal remedies may be available against the consultant, depending on the jurisdiction and/or local legal regime. <br /> <br />A consultant that does not listen to attorneys / counsel will not succeed for very long, as it's the lawyer's job to watch out for the worst-case scenario and to play the Devil's advocate. The phrase "Hope for the best, plan for the worst" comes to mind here. Most of the good consultants I know are eager to listen to the attorneys, and visa-versa. The best IP & general attorneys I know are experts in the law, and also in understanding business and communicating with business-types.Michael Linhttp://www.marks-clerk.asia/hk/attorneys/home/noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-36099894932144554562012-01-17T12:30:39.486+00:002012-01-17T12:30:39.486+00:00Neil - is it just me or is are all of your posts t...Neil - is it just me or is are all of your posts turning into "hypotheticals"? Although I don't seek to be churlish, in that I generally feel that one of the best aspects of this excellent blog is when the IP community engages into a discussion on newsworthy items in the comments section, there must however be a limit to this. It would be a real shame if this blog became merely a proxy legal practice by crowdsourcing.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-67783228407959793002012-01-16T23:16:21.060+00:002012-01-16T23:16:21.060+00:00--- now that the US has turned to FTF, the advice ...--- now that the US has turned to FTF, the advice everywhere for the way responsible counsel should act is to center on timing, timing, timing. The time limits for certain actions are fixed by two things: the contents of the filed texts and their filing dates. The deadlines generated must be the cornerstones of all business activity, and not respecting them cannot be compensated later. This makes not heeding the patent counsel's warnings the most dangerous activity of all. <br /><br />But my general advice is, if counsel does not feel that his or her advice is heeded, terminate the business relationship before the blame is reversed. Some clients are more than happy to relieve the attorney's insurance company of their money.<br /><br />George Brock-Nannestad<br /><br />P.S. A specialist in grant-writing is what we all want, one with a big wad of money.Anonymousnoreply@blogger.com