How do you choose the right IP law firms for your tender or CFT?

For procurement officers tasked with issuing a call for tender (CFT) for IP services, selecting the right law firm is a strategic decision that can impact not only your organisation but also your organisation’s competitive edge.  

As such, the process requires careful planning, thorough evaluation and a clear understanding of your business’s needs.

What criteria should you use to choose the right IP law firms for your tender?

To pick exactly the right IP law firms for your next intellectual property tender you need to follow a very strict process. As procurement professionals some will already be very familiar to you but here is our overview of the criteria you should use to choose the right IP law firms for your business:

1. Define your scope clearly

Before reaching out to potential firms, it’s crucial to define the scope of the work you will need your IP firm to perform.

Ask yourself:

• What type of IP services do we need?
• Are we seeking patent filings, trade mark management, copyright protection, trade secret enforcement, IP litigation, or a combination of these?
• Which jurisdictions will we need coverage in?
• Do we require cross-border expertise?
• What will be the frequency, volume and complexity of the work?

A well-defined scope of work prevents miscommunication and ensures that all responses are tailored to your organisation’s specific needs.

2. Identify the best qualified firms

Once your scope is clear, it’s time to compile a list of potential law firms. There are several ways to identify qualified candidates:

The first of course is to look at previous vendors. If you have worked with good IP firms in the past, you should of course consider inviting them to participate if their expertise aligns with current needs.

However, the reason for launching a tender is often because, for whatever reason, new suppliers are required. If this is the case, you should investigate:

• The legal directories. The most reputable sources - Chambers &Partners, Legal 500, IAM Patent 1000 – all provide comprehensive and current rankings and firm profiles.
• Your professional networks, which firms are visible/involved? If they’re involved with your networks, it is far more likely they’ll be able to deliver the specific sector expertise you need on top of their technical abilities.
• Your peers. Asking other organisations in your sector for recommendations can yield valuable insights.

3. Assess your shortlisted firm's expertise and track record

Not all law firms are created equal when it comes to intellectual property. Even with the most glowing write ups and references you will need to evaluate potential candidates based on:

• Specialist experience relevant to your business/sector.
• Industry knowledge which allows advice to be tailored to the nuances of your sector.
• Litigation experience. Enforcement will almost certainly be required so request the firm’s litigation record, profile and success rate.
• International reach and ongoing international partnerships (if you operate internationally).

4. ‍Confirm they have the required capacity and resources

Even highly skilled firms may struggle if they lack the resources to handle your workload. This means you must confirm that the firm has:

• The required strength and depth with the relevant expertise.
• The necessary technology and tools (IP management systems and databases).
• The ability to respond to urgent requests and meet tight deadlines.

5. ‍Use Pre-Qualification Questionnaires (PQQ)

Sending a PQQ before the full tender helps filter out firms that don’t meet your minimum requirements in terms of relevant experience, staff qualifications, conflict-of-interest declarations and financial and operational stability.

6. ‍Prepare a CFT that leaves no opportunity for error!

Your tender should leave respondent firms no room for ambiguity! Any misconceptions or misjudged answers will just waste your time so make sure the scope of work is totally clear, how proposals will be assessed and weighted and what the deadlines are.

So, what criteria should you use to choose the right IP law firms for your tender?

In conclusion, it’s important to remember that choosing the right IP law firm fora tender or CFT is not just a procurement task. It is a key strategic decision that will impact your business’s competitive advantage. By defining your scope, identifying qualified firms, assessing expertise and capacity, and conducting systematic evaluations, procurement officers can select a partner that delivers both technical excellence and strategic value.

A well-chosen IP law firm is more than a service provider; it is the first step in building a close working relationship with a trusted advisor that will enable to you to protect and maximise the value of your intellectual assets and underpin your long-term growth. Investing time and effort in the selection process ensures you will secure exactly the expertise you need to thrive in this increasingly competitive, IP-driven world.

If you are planning to tender for a new intellectual property provider and would like to include Potter Clarkson or you would like to find out more about our innovative and completely flexible approach to supporting large corporate clients, please contact us.