Tendering for Patent Attorney Services

1. FICPI Open Forum – Venice, Italy 8 October 8 2004 By C. Gregory Gramenopoulos Partner Finnegan, Henderson, Farabow Garrett & Dunner, L.L.P. Brussels, Belgium Tendering for Patent Attorney Services

2. Overview Requests for Proposals (RFPs) A brief introduction Should you Respond? What factors to consider? How to Effectively Respond The written response Closing the Deal

3. RFPs: A Brief Introduction

4. What are RFPs? RFP = Request for Proposal A request to receive proposal(s) or bid(s) for tendering a product or service

5. What are RFPs? RFP = Request for Proposal (con’t) Typically, a RFP is a written request that seeks a written response Also, can be an oral or less formal request Level of detail and/or questions can vary Small or specific set of questions Detailed questionnaire

6. What are RFPs? Identify new or additional counsel Obtain specific legal expertise or services district court or ITC action, CAFC appeal, etc. Consolidation of outsourced IP services Seek new or specific requirements from existing counsel E.g., cost or quality controls

7. Should you Respond?

11. How to Respond?

23. Closing the Deal

24. In many cases, the written response is only one part of the process What you provide as a “follow-up” is just as critical (if not more)! An in-person meeting with the client can be an effective way to close a deal Confirm “chemistry” and discuss needs/goals of client in detail Closing the Deal

25. What if attorney-client relationship is “new”? Execute engagement letter and supplement with other documents or agreements (as needed) What if there is uncertainty concerning the proposed cost or quality controls? Implement “test” period or case(s) to confirm and/or adjust controls (as needed) Closing the Deal

26. Contact information:C. Gregory GramenopoulosFinnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.Avenue Louise 326, Box 37B-1050 Brussels, BelgiumTel. +32 2 646 0353Fax +32 2 646 2135Email:  gramenoc@finnegan.com Web site:  www.finnegan.com