How to choose an IP advisor

Does your business need help protecting and making the most of its intellectual property? A qualified IP advisor can be a valuable resource. Look for industry expertise, proven experience, and strategic advice – here you’ll find the tips you need to make the right choice.

What is an IP advisor?

An IP advisor has expertise in intellectual property rights. An IP advisor may be a lawyer, attorney, or technical specialist, and may have expertise in one or more of the following areas:

  • patents
  • trademarks
  • designs
  • copyright
  • trade secrets

IP advisors are also referred to as:

  • IP attorney
  • IP consultant
  • patent attorney
  • trademark attorney
  • patent advisor
  • design advisor
  • patent engineer

These titles do not necessarily indicate official accreditation or formal authorisation. You should therefore check the advisor’s qualifications.

Key considerations before choosing an IP advisor

Choose the right expertise

Intellectual property covers several fields. You should therefore choose an advisor who specialises in the area you need assistance with.

Think strategically early on

Before applying for IP rights, consider:

  • how the rights support your business objectives
  • which rights you should prioritise
  • which countries you need protection in

Involving an advisor early can help you make better decisions and reduce costs.

Check experience and qualifications

Ask the advisor about:

  • relevant experience in your field
  • previous cases or results
  • international expertise if you plan to expand abroad
     

How to find the right IP advisor

Is the advisor a member of a professional association?

Membership in an IP association can be a mark of quality. Such associations, such as the Association of Norwegian IP Attorneys (FONIP), often require:

  • education and qualifications
  • ethical standards
  • confidentiality
  • professional indemnity insurance

Does the advisor have professional indemnity insurance?

Professional indemnity insurance can protect you financially if the advice provided results in a loss. Ask for information about coverage and terms.

Does the advisor have an international network?

If you plan to protect your rights in multiple countries, it may be beneficial to choose an advisor who:

  • has international qualifications
  • collaborates with advisors in other countries
  • is familiar with relevant international legal frameworks

Before you contact an IP advisor

It is often a good idea to involve an IP advisor early in the process. At the same time, it can be useful to get an initial overview of your needs before making contact.

NIPO offers:

  • free trademark guidance, where you receive guidance from a trademark expert on how to secure the best possible trademark protection
  • paid patent dialogue search, where you, in dialogue with a technologist, get an overview of relevant patent publications within your technology area

This can help you:

  • get an overview of what may be relevant to protect
  • understand what you should do next before contacting an IP advisor
  • be better prepared when you meet an IP advisor

Advisor database

The Norwegian Industrial Property Office cannot recommend specific IP advisors or patent agencies. In Innovation Norway’s advisor database, you will find an overview of providers offering services related to intellectual property rights. You can filter by area of expertise and see whether advisors have professional indemnity insurance and certification.

Warning about unreliable IP advisors

The Norwegian Industrial Property Office has received multiple complaints regarding certain companies offering intellectual property advisory services. You should be particularly cautious of the following companies:
 

  • GCS Europe / Global Corporate Services
  • Trademark Norge AS, formerly known as Norsk Patentkontor AS
  • Trademack Ltd.

Patent advisors: expertise that matters

It may be beneficial to use a patent advisor when applying for a patent. A patent advisor has technical expertise and specialises in patent applications. This is often useful because:

  • patent applications are complex and formal
  • small errors can lead to rejection
  • professional assistance can increase the chances of obtaining a patent

Choose an advisor with the right technical background

Make sure the advisor has experience in your technical field. You can also review previous patent applications to assess the quality of their work.

Request an initial meeting

An initial meeting can help you assess:

  • competence and commitment
  • understanding of your business
  • how you can work together

European patent – requirements for advisors

If you are applying for a European patent, the advisor must normally be authorised to represent you before the European Patent Office (EPO).

Norwegian attorneys with a licence to practise law may also represent you, even if they are not listed by the EPO.

Insurance for intellectual property disputes

When choosing an IP advisor, it may also be useful to consider how your business can reduce financial risk in disputes relating to intellectual property rights. This can provide greater predictability if disagreements arise concerning patents, trademarks, or designs.

Read more about IP insurance