| Let MMH Serve As Your In-House Patent Counsel -
Learn About Our “Outsourced In-House Counsel Program"
The attorneys here at MMH have seen it all. From working with large corporations filing hundreds of patent applications every year, to independent inventors tinkering in their garage, we pride ourselves on getting to know our clients whatever their size. One situation in which we have particular interest, and experience, is small-to-medium sized businesses. Such companies may be technologically active enough to need numerous patent applications drafted each year, clearance opinions performed prior to launching new products, as well as the occasional license agreement, non-compete agreement, and the like. Staffing and budget concerns, however, often preclude such companies from hiring a dedicated patent attorney to work in-house with the company. While chief patent counsel are commonplace at large corporations, small-to-medium sized companies often face the same challenges as their larger counterparts, but without an officer in charge on the payroll. That is where MMH and our “Outsourced In-House Counsel Program” can help.
MMH attorneys and agents each worked within a corporation before beginning their careers in patent law. In fact, we make it a consideration with each new person we hire. The experience gained from the business world is invaluable and helps us understand the concerns of our clients. If it is a marketing director wanting to launch a product by a certain deadline, but not take the time to clear the patent landscape beforehand, we have dealt with it. If it is an engineering manager wanting to extend the patent claim scope beyond the specific product the company makes but not want to hear that the prior art wont allow it, we have dealt with it. And if it is a general counsel trying to keep his or her intellectual property costs within budget, especially in these economically trying times, we have dealt with it.
We also know the concerns of the business world and speak your language. A legal opinion can be the most well-researched document in the world, and be completely on point, but if it does not clearly speak to the client, we have not done our job. We try to never lose sight of that. And with the ever changing patent landscape being altered by new Federal Circuit and Supreme Court cases coming down weekly, and rewrites or tweaks to the patent statutes being introduced every year, this is often a significant challenge. We need to address the issues raised by a given situation comprehensively and accurately, but we also need to understand our clients are usually not lawyers, do not think like lawyers, and honestly, do not want to. Technological subject matter is difficult to understand and challenging to convey by itself. Throw in the challenges of legal argument and nuance, and it is clear the task of advising such clients is formidable. Attorneys without such business or real world experience simply cannot meet this challenge.
Our cost structure is also tailor made to such a role. Many large law firms often view patent litigation as the carrot, and patent prosecution and counseling as the necessary means to that end. MMH takes a different view. We focus entirely on patent prosecution and counseling. Knowing the market and its budgetary limitations, we purposely set our office up in a lean fashion, staffing matters conservatively, lowering our overhead, and as a result, our rates as well. We aggressively pursue fixed fee cost arrangements and will provide an estimate every time we take on a new project. Often times our small and medium sized corporate clients need to have a face-to-face meeting, be it a sit-down with the inventors, or discussion with the general counsel or head of engineering. We gladly do so at no charge. We bill you for the patent applications and opinions we generate, not our time in traveling to and from your offices.
The tools we employ have also been purposely implemented with small-to-medium sized companies in mind. Large corporations typically have their own infrastructure such as IP specific docketing software and secure IT communications to facilitate working with outside counsel while at the same time maintaining control over all documents in-house. Small-to-medium sized corporations often cannot afford that luxury. With that in mind we have, since our inception, used a web-based docketing software which can be securely accessed from anywhere in the world. If one of our clients wants to know the status of one of their projects at two in the morning from Tokyo, they can simply use the access information we provide to gain entry and quickly gather what they need without the need for their own costly docketing system or duplication of efforts. Given the confidential nature of our work, we also commonly employ a secure FTP (file transfer protocol) site our clients where large amounts of data can be freely and securely exchanged. Again, knowing the cost constraints of our clients, we have taken on the responsibility of providing such tools so you do not have to.
How would it work? If you are like the type of company we have helped in the past, the various jobs of an in-house patent attorney typically fall into the hands of a Director of New Product Development, a Marketing Director, a Chief Engineer, or some combination of all the above. People in such positions routinely already have their hands full with their own job responsibilities, and understandably view patent protection as a hassle or bore. Moreover, given the specialty that is patent law, there is no way to stay abreast of the changing laws without being fully immersed. Let us take that chore and responsibility off your plate. We can become the clearinghouse for any patent or IP issue raised within our company, with a simple email or phone call to us starting the ball rolling so you can get back to your primary responsibilities. To make sure items do not fall through the cracks, we recommend we come to your offices bi-monthly or quarterly to have a meeting, discuss pending patent applications, consider new ideas or invention disclosures, address infringement and clearance issues, and anything else falling under your IP umbrella. In essence, we do indeed become your in-house patent counsel, but without being officed right next to you.
If the fact patterns we described above sound like they fit your company, if you are not large enough to have an in-house patent attorney, but are large enough to have patent issues, please consider outsourcing your patent counsel responsibilities to us. We have the experience and perspective to get the job done. For more information on the “MMH Outsourced In-House Patent Counsel” program, please contact us at your convenience. A partner of MMH would be happy to walk you through a PowerPoint we have created showing how the program works, and supplement that with real world examples and references proving it.
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