Where Is Your IP?
New patent illustration companies are emerging almost daily, often promoting unbelievably low flat rates.
This raises the question: How can they afford to charge so little when other illustration firms demand three to four times as much for similar work?
The answer is simple: Off-shore labor
Why Does It Matter?
Why do off-shore patent service companies disguise the location of their operations?
Credibility:
By appearing to be US-based, these services aim to establish credibility with American clients who may be more comfortable working with domestic providers [1].
Competitive advantage:
Presenting as a US company allows offshore services to compete directly with domestic providers while still benefiting from lower operational costs [2].
Avoiding scrutiny:
Pretending to be US-based can help these services evade closer examination of their practices, which might otherwise reveal potential export control violations or unauthorized practice of law [1].
Higher rates:
By posing as US-based firms, offshore services may be able to charge higher rates than they could if openly advertising as foreign providers [2].
Circumventing bias:
Some clients may have reservations about the quality of work from offshore providers. Appearing to be US-based can help overcome this perception [3].
This practice of misrepresentation is misleading, potentially unethical and may lead to legal violations.
Legal Concerns
Is sending my IP off-shore illegal?
That’s a question for a lawyer, however we do know there are common legal issues faced by American companies using offshore patent services:
- Export Control Violations
- Unauthorized Practice of Law
- Transfer Pricing and Tax Compliance
- Compulsory Licensing Threats
- Invalid Patents and Legal Disputes
- Data Breach Liability
Why Choose a US Patent Illustrator?
By choosing a US-based patent illustration company, you can benefit from their expertise, quality control, and familiarity with the US patent system, potentially improving your chances of a successful patent application.
- Enhanced intellectual property protection: US-based companies are more likely to respect confidentiality agreements and provide stronger legal protections for your intellectual property [4].
- Expertise in US patent laws: US-based illustrators are more familiar with USPTO requirements and regulations, increasing the likelihood of creating compliant drawings that meet all necessary standards [4].
- Better quality control: Working with a local provider allows for easier communication and more responsive feedback, ensuring higher quality illustrations that accurately represent your invention [1].
- Reduced language and cultural barriers: Working with a US-based illustrator minimizes potential misunderstandings due to language or cultural differences, leading to more accurate representations of your invention [1].
- Streamlined patent application process: Familiarity with US patent laws can help expedite the application process and potentially increase the chances of patent approval [1].
- In-house collaboration: Some US law firms offer in-house illustration services, which can lead to better patents and quicker turnaround times due to closer collaboration between attorneys and illustrators [5].
- Up-to-date knowledge: Local illustrators are more likely to stay current with the latest USPTO requirements, reducing the risk of office actions due to non-compliant drawings [4].
Ethical Concerns
Is this unethical?
The ethical implications of using offshore patent services revolve around several key concerns that companies and legal practitioners must carefully navigate:
- Confidentiality Concerns
- Competence and Oversight
- Transparency in Client Relationships
- Risk of Quality Gaps
- Jurisdictional Ethics Conflicts
The High Cost of Non-Compliance
Patent illustrations must adhere to strict USPTO and PCT standards to avoid costly office actions or rejections. US-based firms have extensive knowledge of these regulations, ensuring that drawings are 100% compliant and submission-ready.
Certificate of correction
Processing fee for correcting inventorship in a patent
Ex parte reexamination (§1.510(a)) streamlined
Ex parte reexamination (§1.510(a)) non-streamlined
Each reexamination independent claim in excess of three and also in excess of the number of such claims in the patent under reexamination
Each reexamination claim in excess of 20 and also in excess of the number of claims in the patent under reexamination
Statutory disclaimer, including terminal disclaimer
Request for supplemental examination
Processing fee for correcting inventorship in a patent
Reexamination ordered as a result of supplemental examination
Supplemental examination document size fee - for nonpatent document having between 21 and 50 sheets
Who Are We?
We are proud Americans who want you to know exactly what you’re getting when you invest in patent illustration services.
Unlike offshore providers, American patent illustration companies offer expertise in U.S. patent laws, transparent and concise communication, and a commitment to protecting your intellectual property with the highest quality standards.
info@whereisyourip.com
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