How can procurement professionals create the right shortlist of IP firms for a tender?

For procurement professionals, creating a shortlist of potential firms for a tender or Call for Tender (CFT) is about streamlining the process, focusing on quality, and enabling strategic alignment, not simply ticking boxes.

In our experience the most effective tenders follow a clearly defined structure that ensures the firms invited to tender are the firms best suited to deliver real commercial and strategic value to your organisation.

Here is an outline of some of the key requirements within this structure based on the feedback we have received from the corporate tenders we have been involved with:

1. Clearly defined requirements

Before contacting any firms, procurement officers will typically lead the scoping process, working closely with IP and legal teams to clarify primary requirements like the key technical and practice areas, whether litigation support will be required, which jurisdictions will need to be covered, the volume and complexity of the work and additional strategic needs around licensing, commercialisation or risk mitigation.

2. An understanding of the market

As procurement professionals you will do everything you can to learn the market. This involves identifying potential firms by researching:

• Legal directories (Chambers & Partners, Legal 500, IAM Patent 1000)
• Industry associations and networks (AIPPI, INTA and local IP bar associations)
• Requesting peer recommendations
• Reviewing historical vendors

3. Pre-qualification

Procurement will often lead the pre-qualification phase, ensuring firms meet minimum criteria before a full tender. We fully expect this test because we know just how precious your time is and how varied the demands on your time are across the business.

4. Reputation and track record

This step is often combined with gaining a deeper understanding of the market but equally, it can be enhanced with case studies, client references, awards and industry/legal rankings. All of these can be either accessed online or requested during the pre-qualification process.

5. Technical and strategic ability

Once your shortlist starts to take shape, each firms’ website and Google history will confirm they definitely have the required technical, industry/sector expertise and geographic experience. This is further underlined by their blog posts, trade press credentials and additional information on specific aspects of portfolio management and their adoption of technology.

Narrowing the shortlist for potential IP providers

From the initial pool, you will typically be able to manage the process of reducing the list to 3–5 firms that can definitely meet your key criteria around:

• Technical and jurisdictional suitability
• Proven track record and strong reputation
• Adequate capacity and responsiveness

This will make the process of requesting the more detailed proposals you need to decide who should be invited to present to your team easier.

Creating the right shortlist of IP firms for a tender: some final thoughts

Creating the right shortlist of IP law firms is a collaborative effort.  

Procurement professionals play a crucial role in defining scope, managing the market process, ensuring fairness, and handling administration, while IP teams focus on technical evaluation, strategic alignment, and capability assessment.

By working together in this way, organisations can ensure that tenders result in a partnership with an IP law firm that not only meets technical and legal requirements but also supports long-term business objectives with a genuinely structured, innovative, transparent and collaborative service delivery plan designed to maximise the value of your innovation.

If you are looking to create a shortlist of IP firms for your next tender and would like to find out more to confirm Potter Clarkson should be included, please contact us.