How Many Flags Does Your Patent Team Fly?

Team diversity is more than a “nice to have”

The correlation between team diversity and team success is well-established. When people from different backgrounds come together and work under strong leadership, they can approach problems from many angles, leading to smarter, more effective solutions. In teams having a global impact, diversity is even more important and the patent profession is no exception. 

The International Nature of Patent Law

A patent attorney‘s world is, by default, extremely international. Traditionally, a patent attorney based in one country writes one patent application that is used for all protection countries globally and that one patent attorney plans the international patent strategy, coordinating global patent grant and freedom-to-operate topics with local agents in each country. Even vast in-house patent teams typically divide up the globe on a regional rather than a national basis. More often than not, that one patent attorney has only ever lived in the country they are currently working in and has only formally studied the patent law of that one country. In contrast, the biggest and most impactful market(s) for the product protected by the patent may actually be somewhere else. Furthermore, even patent attorneys having only national responsibilities know that their actions and arguments (on file) may be cited e.g. in litigation proceedings abroad.

Whilst almost all patent attorneys take advantage of local or online opportunities for further education in ‘foreign’ patent law, few are given the opportunity to actually work abroad, even on a temporary basis for the immersive educational effect. This type of experience can provide deep insight into different legal systems and business culture, highlighting the subconscious biases you may have in your daily practice. 

Practical Steps to Build Team Diversity

An obvious answer is to hire new patent team members from abroad or domestic hires with international experience, but care should be taken to ensure that their ‘foreign’ experiences and practices are actually embraced by the team as a development opportunity or else the new hire may feel excluded. 

Furthermore, a different types of diversity can be obtained from talented new hires coming from different industries, but with the open-mindedness suited for retraining in a new field. A different industry may have already overcome the challenges your industry is about to face.

Exchange programs can be an excellent way to achieve further education on a number of levels and can be executed in a wide variety of constellations and timeframes. Such exchanges can be internal or with external partners. For example, many private practice attorneys would relish the opportunity for a secondment in-house and, similarly, many in-house attorneys may profit from a stint of having a private practice case load or honing a new set of legal skills. The exchange need also not cross international borders — perhaps there is a suitable exchange partner locally with significant international experience and expertise?

Conclusion

Team diversity is more than a “nice to have” in today’s global patent landscape—it’s a business necessity. By embracing international experiences, fostering exchanges, and valuing insights from different industries and around the world, patent teams can position themselves for broader impact and long-term success. Ask yourself: how many flags does your patent team fly, and what can you do to add a few more?