What should I be asking IP firms to present in a tender?

This means that for organisations running a tender or Call for Tender (CFT) to select an IP law firm, the process is about much more than cost. It is about finding a partner who can safeguard and maximise the value of your IP portfolio.

To make the right choice, procurement officers need to ask exactly the right questions and request meaningful demonstrations of ability and relevant client examples from the firms they could potentially end up working with.

Here’s a guide summarising what, in our experience, has led to successful outcomes when we’ve responded to tenders from our corporate clients:

1. Firm overview

This should not concentrate on your founding partners and genesis of your offices or name but on your practice areas (and the fact they correspond to the specific IP services your business requires) and team composition, who will handle your account and is there the strength in depth to consistently provide the highest quality work form the best qualified practitioners alongside the highest level of client service.

2. Technical capability

This is an extension of the last point. However, it doesn’t just cover technical and legal knowhow, it also edges into how you’ll be looked after – does the firm have the ability to track deadlines, filings, renewals and enforcement.

3. Real life expertise

In addition to the expertise in the specific practice areas your business requires (patents, trade marks, copyrights, trade secrets or litigation), the firm must also be able to show they know how to apply that know how to your industry and technical domain. Ask for case studies, specific examples of work in similar situations and client testimonials to support these.

4. ‍Service delivery and processes

Reliability is another critical success factor. Ask firms to explain how they handle every aspect of the workflow including oppositions, disputes and general portfolio management. Ask for promises on response times, speed of handling queries and responding to urgent requests. Ask how they will manage quality control and the measures they will put in place to prevent errors, missed deadlines or conflicts.‍

5. ‍Commercial added value

A strong IP law firm is not just a service provider, it’s a strategic partner. As such you should ask them to explain what they do over and above dealing with cases, matters and disputes to build value in your business. This could involve guidance on portfolio strategy, IP risk assessment and commercial direction on licensing, enforcement and commercialisation opportunities.‍

6. ‍Litigation and enforcement capabilities

If enforcement or litigation is part of your IP strategy (and it always should be, IP only holds its value if it can be enforced) then the firms you consider should provide:

• Examples of past disputes
• Success rates and strategies
• Cross-border litigation experience

7. ‍Compliance and security

IP often involves sensitive information. Firms should show how they manage:

Data protection to ensure confidentiality and secure handling of intellectual property.

Regulatory compliance including adherence to relevant laws such as GDPR and WIPO regulations.

The stronger their approach to compliance and security, the lower the risk to your IP and your reputation.

8. ‍References

We’ve already said that any case studies and work examples should be supported by client testimonials, but it’s also important to request references from 3 or more current or past clients, preferably in your industry, to confirm:

• Reliability and responsiveness
• Quality of service
• Overall satisfaction and outcomes achieved

9. ‍Pricing and fee transparency

Even in tenders focused on expertise, cost, of course, remains a factor. Ask for clear billing structures including hourly, fixed fee, blended or retainer options and estimates for common tasks. Both should be supported by justification setting out how their services offer cost-effective solutions while maintaining quality.

What should you be asking IP firms to present in a tender?

A tender for IP services is an opportunity to select more than just a vendor. It’s about choosing a strategic partner who will protect, manage, and enhance your business’s intellectual property.  

By asking IP law firms to present and demonstrate their expertise, technical capability, processes, strategic insight and cost transparency, procurement officers can make more informed decisions and find the perfect fit for their organisation.

A firm that can show both practical experience and strategic thinking is more than a legal advisor, they are absolutely key to protecting your business’s hugely valuable IP assets and your products, services and technologies’ exclusivity which, in itself, is key to protecting your market position and revenue.

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.