top of page

The Reciprocity Rule: How IP Lawyers Can Turn Foreign Filings into Business Development

  • Mar 23
  • 3 min read

If you manage international portfolios, you already know how much work flows out of your firm. This can include PCTs, national phase entries, foreign trademarks, oppositions.


But have you ever stopped to look at how much comes back in from the foreign associates you are using?

That’s where the reciprocity rule comes in. And no, I’m not talking about the social norm your parents taught you about returning dinner invitations or thank-you notes. This is business reciprocity, the kind that can quietly build your international IP practice.


In international IP practice, it’s a quiet but powerful business development strategy. The basic idea: when you send work to a foreign associate, it helps if that associate also has work they can send back your way.



Why it matters

When you’re choosing a foreign associate, it’s critical to look at quality, responsiveness, and price. But if you’re trying to build your practice, you also want to think about the relationship (see the caveat below).

Some countries are constant sources of outbound filings. Others, not so much. Still, all things being equal, it makes sense to send work to someone who’s also positioned to send work yo you, when you have the luxury of this choice. Because every case you send abroad is also an opportunity to strengthen a partnership that could generate inbound work.


Keeping an eye on the balance

It doesn’t need to be an exact 1:1 exchange. That’s not realistic for various reasons. Currencies fluctuate. Some markets are larger or more active than others. But ideally there should be some sense of balance.

If you’ve been sending an associate regular work for a couple of years and haven’t seen anything come back, it might be worth a friendly check-in:


“We’ve been sending a fair amount your way. Just wondering if there might be opportunities to collaborate in the other direction.”


You are not threatening to pull work (and likely would not do it unless it also benefited the client). Sometimes, the imbalance is simply because your associate’s clients rarely file abroad. Other times, they just haven’t thought to send work your way until you mention it. Either way, you’re opening a conversation that’s good for both sides.



 When to consider other options

If the flow stays one-sided after a few conversations, you might need to rethink who you’re sending work to. Of course (here comes the caveat I mentioned above), the client’s best interest always comes first: quality and expertise are non-negotiable.


But all things being equal, if you have equally qualified options, it might be worth considering other options that are interested in a two-way relationship. The right foreign associate partnerships can turn from transactional to strategic where both of you actively help each other grow.



And when you don’t have a choice

Sometimes, clients mandate which foreign associates you have to use. That’s fine because you can still build relationships. Stay in touch, share updates about your practice, and express interest in future collaboration. You never know when those conversations will turn into opportunities.


The bottom line

Reciprocity isn’t about keeping score. It’s about being intentional. When you track where your outbound work goes and whether that flow ever comes back, you’re not just managing international filings. You’re managing business relationships.


Because in global IP, what goes around really can come around. Especially if you build your practice with reciprocity in mind.



Here’s Your Plan for This Month

1. Audit Your Foreign Associate Flow. Make a quick list of the foreign associates you’ve sent work to in the last 12–24 months and note the workflow.

2. Tag One Associate for Future BD. Pick one foreign associate you’d like to build a stronger, two-way relationship with and make a plan.

3. Review One Client’s International Strategy. Ask yourself: Are we using the best foreign associates for both quality and relationship-building? If not, make a quick note of one potential associate to explore or revisit.

 
 
 

Comments


bottom of page