Five by Five - Stephen M. Nipper
Our final contributor is Stephen M. Nipper, a registered patent attorney working in Boise, Idaho with the firm Dykas, Shaver & Nipper, LLP and author of the Invent Blog. His contributions:
What five things would you change about IP law and/or practice?
[What started as "five things" has quickly digressed into a rant to my fellow practitioners about how they need to change THEIR IP practice. Hope you all don't mind.]
1. Embrace the future. Lets face it, the Internet is changing the practice of intellectual property law. Many of the businesses we used to rely on for patent copies, copies of file wrappers, etc., have had to evolve or die as more and more of the USPTO's data and knowledge is made available on the Internet for free. Do you really think that is the end of it? Do you think that it is not going to affect IP attorneys too? I'm afraid that you've got a big surprise coming. It is time to start thinking outside the box about how we provide our services, how we bill for them and how clients find us.
2. Due to the Internet, people now have unfettered access a litany of information about the practice of intellectual property law. Because of that, they are expecting more and more from us. Gone are the days when "the only thing my client needs to know about the law is my phone number." Instead, attorneys need to realize that that your new client likely knows more about IP law than the average general practitioner does. You should treat them with respect. Work with them on projects instead of for them, make yourself more available to them, visit their office/factory/shop. Quit biting the hand that feeds you.
<!--D(["mb","\
3. You are your brother\'s keeper. One of the things IP practitioners\
tend to do is ignore our responsibility to spend time educating non-IP\
attorneys as to the basics of IP law. Lets face it, our colleagues\
(understandably) aren\'t typically very good at issue spotting when it\
comes to IP issues. The result is countless pain and suffering (and\
much gnashing of teeth). Solution? Go teach a CLE to general\
practitioners, blog, write articles for your local bar journal, start\
writing a newsletter, etc. You will be rewarded.\
\
4. The Princess Principle. At my house we joke about "The Princess,"\
often referring to my daughter being demanding (or when said jokingly\
to my wife, often followed by me sleeping on the couch...but I\
digress). Too often I see IP attorneys (especially the patent\
attorneys) strutting around like they are somehow better than other\
attorneys.like they are the Princess and everyone should worship them.\
I can especially see the Princess Principle when I look at how non-IP\
attorneys treat my staff (usually with respect) vs. how IP attorneys\
treat my staff (rudely, impatiently, etc.). Just because our IP\
attorney ancestors narrowly defined who could practice IP law doesn\'t\
make any of us The Princess. Get over it, you were a geek who\
happened to go to law school and has benefited from the "System."\
Realistically, we\'re all more like court jesters than princesses.\
\
5. Billing. What would a post on Matt\'s blog be without talking\
about billing? Intellectual property practitioners need to work\
harder at providing alternative billing methods to their clients and\
need to be more responsive to billing issues in general. Why?\
Because the Internet is dramatically changing both the quantity and\
quality of competitors who are now only a few clicks away from your\
clients. Clients are becoming less and less inclined to merely get\
",1]);//-->
3. You are your brother's keeper. One of the things IP practitioners tend to do is ignore our responsibility to spend time educating non-IP attorneys as to the basics of IP law. Lets face it, our colleagues (understandably) aren't typically very good at issue spotting when it comes to IP issues. The result is countless pain and suffering (and much gnashing of teeth). Solution? Go teach a CLE to general practitioners, blog, write articles for your local bar journal, start writing a newsletter, etc. You will be rewarded.
4. The Princess Principle. At my house we joke about "The Princess," often referring to my daughter being demanding (or when said jokingly to my wife, often followed by me sleeping on the couch...but I digress). Too often I see IP attorneys (especially the patent attorneys) strutting around like they are somehow better than other attorneys.like they are the Princess and everyone should worship them. I can especially see the Princess Principle when I look at how non-IP attorneys treat my staff (usually with respect) vs. how IP attorneys treat my staff (rudely, impatiently, etc.). Just because our IP attorney ancestors narrowly defined who could practice IP law doesn't make any of us The Princess. Get over it, you were a geek who happened to go to law school and has benefited from the "System." Realistically, we're all more like court jesters than princesses.
5. Billing. What would a post on Matt's blog be without talking about billing? Intellectual property practitioners need to work harder at providing alternative billing methods to their clients and need to be more responsive to billing issues in general. Why? Because the Internet is dramatically changing both the quantity and quality of competitors who are now only a few clicks away from your clients. Clients are becoming less and less inclined to merely get<!--D(["mb","annoyed when they have issues with one of your invoices or your\
prices, and more inclined to start looking for your replacement. One\
thing you should remember about that \replacement.it\ is just as likely\
to be a firm in a distant, smaller metropolitan area as it is to be a\
firm down the street. The Internet has really opened up the practice\
of IP law, making firms in smaller towns (with less overhead) able to\
provide competitive services to clients all across the nation. If you\
don\'t take care of your clients.they (we) will.\
\
Now that I have totally annoyed all of my competitors.I\'m out.\
\
Stephen M. Nipper\
Registered Patent Attorney\
Dykas, Shaver & Nipper, LLP\
Boise, Idaho\
\http://www.inventblog.com\\
\s@dykaslaw.com\\
\
",1]);D(["mb","",0]);D(["ce"]);//--> annoyed when they have issues with one of your invoices or your prices, and more inclined to start looking for your replacement. One thing you should remember about that replacement.it is just as likely to be a firm in a distant, smaller metropolitan area as it is to be a firm down the street. The Internet has really opened up the practice of IP law, making firms in smaller towns (with less overhead) able to provide competitive services to clients all across the nation. If you don't take care of your clients.they (we) will.
Now that I have totally annoyed all of my competitors. I'm out.