Benefits of Outsourcing Patent Prosecution
One of the main benefits of outsourcing patent prosecution is cost savings. Hiring in-house patent attorneys can be expensive, especially if you need multiple attorneys with specialized expertise. In contrast, outsourcing patent prosecution to a third-party provider can save you money by allowing you to scale up or down as needed and avoid the expense of hiring additional staff.
Another benefit of outsourcing patent prosecution is access to specialized expertise. Patent law is complex, and it takes years of experience and specialized knowledge to navigate the process successfully. By outsourcing patent prosecution, you can tap into the expertise of experienced patent attorneys who have worked with companies in your industry before and understand the specific challenges and opportunities that come with patenting your products or services.
Finally, outsourcing patent prosecution can help you stay ahead of the competition. By patenting your innovations quickly and efficiently, you can protect your intellectual property (IP) and prevent others from copying your ideas. This can give you a competitive edge and help you grow your business faster.
Risks of Outsourcing Patent Prosecution
Despite the benefits, there are also risks to consider when outsourcing patent prosecution. One of the main risks is a lack of communication and understanding between your company and the third-party provider. Without proper communication, there is a risk that important details may be overlooked or misunderstood, which can lead to costly errors and delays in the patent process.
Another risk of outsourcing patent prosecution is a loss of control over the process. When you outsource patent prosecution, you are essentially handing over the reins to a third-party provider. This means that you may not have as much say in how your patents are filed, prosecuted, and enforced, which can be a concern if you have specific requirements or preferences for how your IP is managed.
Finally, there is a risk of confidentiality breaches when outsourcing patent prosecution. Your company’s intellectual property is valuable, and you want to ensure that it remains protected at all times. By working with a third-party provider, there is a risk that sensitive information may be compromised if the provider does not have adequate security measures in place or if their employees are not bound by confidentiality agreements.
Case Studies: Successes and Failures
One way to get a better understanding of the benefits and risks of outsourcing patent prosecution is by looking at real-life examples. Here are two case studies that illustrate both successes and failures in this area:
Success Story: Apple’s Patent Portfolio
Apple is one company that has successfully outsourced patent prosecution. The company has a vast patent portfolio, with over 100,000 patents in force as of 2021. Apple has worked with several third-party providers to help file and enforce its patents, including firms like Klasko Immigration Partners, LLP and KPMG. By outsourcing patent prosecution to these experts, Apple has been able to protect its intellectual property and stay ahead of the competition in areas like smartphones, computers, and other consumer electronics.
Failure Story: Samsung’s Patent Infringement Lawsuit
Samsung is another company that has faced challenges with outsourcing patent prosecution. In 2012, Samsung was found guilty of infringing on Apple’s patents related to smartphones and tablets.