Peer to Peer Magazine

50 your workflows [for patent and trademark prosecution] are structured. However, there are some lessons I've learned that apply to all firms: • Establish clear policies for who can work remotely. At many firms, there is a temptation to allow remote working based on the employee's tenure with the firm or on a manager's perception of who on the team "deserves it." However, if the process is too ad hoc — with no specific criteria for who qualifies for remote working privileges — this can lead to accusations of exclusion and favoritism and lead to resentment. Make sure that you've published a clear policy that defines eligibility criteria and that everyone on the team understands. • Work closely with the HR, IT and Finance teams in defining policy. There are many legal issues and other considerations that need to be addressed in enabling remote working to happen. What are the restrictions for non-exempt employees and what happens if they attempt to log in outside of working hours? How does workers' compensation work if remote employees injure themselves at home? How can your firm reduce the security risks of working from home? Should all employees be provided with company- owned laptop computers? What impact will remote working have on the firm's financial point of view? The key to success is close collaboration with other departments, and consulting subject matter experts (e.g. employment lawyers) where needed. • Review current processes and workflows and provide the tools required for remote access. Are your firm's workflows related to IP prosecution still heavily paper- based? If so, it's worth reassessing your current processes and taking steps to shift to using electronic files and to automate where possible — for example, in managing critical deadlines. The availability of a secure web portal where IP prosecution team members can access docketing, documents, email, invoices, financial information, notes and other matter-related information helps to simplify remote working. The ability to automatically download documents from the USPTO Private PAIR and TSDR web sites — and route them to the right stakeholders — can also go a long way in streamlining administrative overhead. • Measure and evaluate productivity and performance. Establish a baseline of metrics, so you can assess the effectiveness of your remote working practices over time. You may find that you need to adopt new metrics or adapt your software systems to do this. Ongoing measurement of team productivity and performance will help you identify and address issues as they arise and help you to continue to improve team efficiency over time. • Document your remote working strate and plan and report on progress. Rolling out remote working won't happen overnight. With so many contingencies, it's helpful to document your plan and requirements, and to assess progress at least once a quarter. Be open to discussing successes as well as any unexpected challenges with firm management and your peers in other departments. For many firms, embracing remote working practices for lawyers as well as staff is a significant transition that requires a substantial investment of time and resources. However, with the right policies, processes and tools in place, remote working can have an extremely positive impact on law firm efficiency, productivity and performance; help firms to better serve clients and protect their interests; and help IP prosecution practices to operate more profitably. ILTA Brian Aitchison is Director of Consulting for the Intellectual Property Practice at Aurora North Software. He has nearly 30 years of experience working with leading law firms in IP prosecution management. The availability of a secure web portal where IP prosecution team members can access docketing, documents, email, invoices, financial information, notes and other matter-related information helps to simplify remote working.

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