Should Your Next IP Hire Come from Another Jurisdiction?
In an era of globalised innovation, cross-border litigation, and increasingly harmonised IP systems, the intellectual property profession is less and less tethered to national boundaries. The modern IP landscape needs professionals who can operate confidently across jurisdictions; legally, strategically, and culturally. In this context, hiring an IP professional from another jurisdiction is often an investment for the future.
At MWA, we’ve helped place intellectual property professionals across Europe and beyond who offer more than just technical and legal competence. They bring to the table an international mindset, multilingual fluency, and a sophisticated understanding of how different legal systems interact. These crucial qualities offer your team a distinctive competitive edge on the international stage.
The Strategic Value of International Experience
- Expertise in Global Filing and Prosecution Strategies
Whether your clients are filing under the EPO, USPTO, or preparing for the dynamics of the Unified Patent Court (UPC), professionals who are experienced in multiple jurisdictions can offer a more rounded and insightful strategy. They can increase your team’s understanding of the procedural nuances, enforcement cultures, and business expectations behind their additional jurisdiction. This also reduces the need to bring in external counsel to consult on international filings.
For example, a European Patent Attorney with prior USPTO experience may be able to identify where U.S. prosecution trends diverge from European norms — helping clients harmonise filings and avoid costly errors.
- Fresh Thinking and Adaptive Problem-Solving
Bringing in talent from a different jurisdiction can inject new ways of thinking into your team. Diversity breeds creativity: the differences in procedural norms, litigation tactics, and case law interpretation can spark valuable debates within a group and lead to more dynamic solutions.
For the modern IP firm, hiring cross-border talent might encourage questioning assumptions and challenging the status quo. In an industry where innovation is everything, this fresh thinking should be prized.
- Cultural Fluency and Language Capabilities
In contentious or client-facing roles, communication goes beyond legal precision — it extends into cultural sensitivities and nuance. Whether managing a pan-European patent portfolio or coordinating multi-jurisdictional litigation, a professional who understands both the legal framework and the cultural subtleties of another market is invaluable – particularly in jurisdictions such as Asia or the U.S., where expectations around legal process, timing, and reporting can differ dramatically.
For instance, a Chinese-qualified attorney working in a German firm may act as a natural liaison for Chinese clients, smoothing over potential communication issues and building stronger client relationships.
- Addressing Talent Shortages in Specialized Fields
In certain technical fields such as AI, Telecommunications, or Semiconductors, local talent pools can be surprisingly shallow. The most qualified candidate for a niche patent group simply may not exist in your home market. In such cases, looking internationally isn’t optional. For example, a previous assignment in the Norwegian market highlighted to us a significantly smaller talent pool as opposed to other Scandinavian countries – to combat this, we looked further afield and subsequently found a top-tier professional who was interested in a Norwegian relocation.
The Strengths – And Considerations – Of Hiring International Talent
Hiring internationally brings undeniable advantages, but it is also worth considering the potential risks.
Strengths:
- Breadth of Knowledge: Dual-qualified professionals often have a broader perspective on risk, regulatory environments, and commercial pressures in various markets.
- Adaptability: By virtue of working in multiple systems, international hires tend to be highly adaptable — a key trait in the fast-evolving IP sector.
- Network Effects: These individuals may bring international contacts and client relationships that can help firms broaden their reach.
Considerations:
- Regulatory Hurdles: Depending on the jurisdiction, there may be formal restrictions on who can file patent applications, sign off on work, or represent clients in litigation proceedings. Understanding these regulatory nuances early in the hiring process is critical.
- Relocation & Integration: Relocating talent across borders requires careful planning. Immigration issues, professional accreditation, and personal factors (like family and language barriers) can all affect timelines and outcomes. This may also result in a more expensive hire due to relocation fees.
- Cultural Fit: While diversity is a strength, integration into firm culture needs support. Successful onboarding processes are key to retaining international hires and maximising their impact. For more information on finding the right personality for your team, read our linked article, “4 Steps to Ensuring a Good Team Fit in the Hiring Process”.
Are You Casting The Net Wide Enough?
The best IP teams are increasingly international in their composition. Firms that take a strategic approach to hiring across borders are better equipped to handle the complexity of modern IP challenges. Moreover, candidates who are already dual-qualified (e.g., U.S. and EP, or UK and DE) often bring highly adaptable mindsets and an established willingness to work across cultures.
In a talent market where technical expertise is precious and the IP profession is globalising rapidly, narrowing your search to your national borders might neglect the best candidates for the job. Whether you’re looking for a cross-border litigator, a multilingual paralegal, or a patent attorney with EPO and USPTO experience, the most impactful hire you make this year might just be the one who comes from left field – literally.
To schedule a free, no-obligation conversation regarding how we can support your international hire, get in touch today!
