Should I outsource my patent work?

Over the past few years, it has become fairly popular for individuals and law firms to outsource some of their legal work to foreign countries.  The major factor in doing so of course is the lower cost of services.  The savings can be substantial, for example, in a large document review project.  On a much smaller scale, however, such as a prior art search or a patent application, any savings are marginal.  To determine the cost savings for an employer, I contacted a foreign firm and a pair of domestic firms a number of years ago, and I asked them for a quote to perform a prior art search and to prepare a patent application on the same subject matter.  For the prior art search, the foreign firm quoted $600 whereas one of the domestic firm quoted $800.  For the patent application the foreign firm quoted $3,000 while the other domestic firm quoted $10,000 (typical for NYC firm)**.  The foreign firm could not file the patent application; the domestic firm would have to handle the filing for $1,500.  Additionally, many are not aware that technology export restrictions may apply, which would require clearance from the Bureau of Industry and Security (BIS) at the Department of Commerce before the invention could be communicated to the foreign firm.  Failure to get the necessary clearance could compromise the enforceability of the patent. It became apparent that any savings gained using the foreign firm would be wiped out quickly by the cost and effort to acquire the export license.

Here is the federal register notice from the U.S. Patent Office regarding patent outsourcing:
http://www.uspto.gov/web/offices/com/sol/notices/73fr42781.pdf.

**Click here to find out more of what it will cost to get a patent.