About Those "Unique" Patent Workflows

Danny Katz
Apr 24, 2024By Danny Katz

Category: 1. Optimizing Law Firm Operations for Maximum Profit
Subcategory: 1.4 Workflow Optimization

Introduction: Why You Can’t Fire The Docketing Queen

Every patent prosecution team claims their workflows are “unique.” But what that really means is this: half a dozen legacy systems that don’t talk to each other, outdated processes patched together with duct tape, and at least one team member who refuses to adapt.

In a just world, the solution would be simple: fire the person holding the team back. But here’s the problem—The Docketing Queen isn’t just a team member. She’s an institution. Maybe she’s been with the firm since fax machines were cutting-edge, or maybe she has a “special connection” to the managing partner that keeps her untouchable. Whatever the reason, her love for hard copies and handwritten notes isn’t going anywhere, and neither is she.

So, what’s the next best solution? Clear, foolproof workflow documentation that keeps things running smoothly—even if smoothly means working around The Docketing Queen’s quirks. With Knowledge Management (KM) and Learning & Development (L&D), you can make her paper-based kingdom coexist with the rest of your digital workflows.

1. Step One: Map the Madness

Start with the Big Picture: Begin by outlining the major phases of your patent prosecution process. Keep it high-level to avoid getting bogged down in the weeds right away.

  • Example: From intake to filing to post-grant monitoring.

Catalog the Systems (and Silos): List every tool, platform, and spreadsheet your team touches—no matter how outdated or redundant. Don’t forget the physical files hoarded by The Docketing Queen. Use KM tools to create a centralized map of these systems and workflows. Acknowledge gaps and workarounds, no matter how ridiculous they might seem.

  • Pro tip: Humor can help here. (“Step 3: Print everything because The Queen decrees it so.”) 

2. Embrace the Legacy Systems (Because You Have To)

Document the Inefficiencies: If your systems don’t integrate, your documentation can. Use KM systems to develop clear, step-by-step instructions for toggling between platforms, transferring data manually, and tracking progress across tools.

  • Example: “Export case data from System A and re-enter it manually into System B. Yes, it’s tedious, but at least now it’s documented.”

Highlight Dependencies: Transparency is critical when bottlenecks depend on specific systems—or specific people. Spell out where delays or breakdowns are most likely to occur and use L&D modules to train your team on navigating these dependencies.

  • Example: “Filing cannot proceed until The Docketing Queen approves the docket, which requires delivering a hard copy to her desk.” 

3. Design for the Least Tech-Savvy User

Write for The Docketing Queen: Assume that at least one team member will resist change. Write your documentation to accommodate even the most paper-reliant user. Use L&D programs to onboard employees into the new workflows gradually, ensuring buy-in at all levels.

  • Example: “Print Form X and place it in the designated inbox. Confirm approval via email or Post-it note.”

Visual Aids Are Essential: Flowcharts, color-coded checklists, and screenshots are lifesavers for teams navigating convoluted workflows. Incorporate these into your KM repository so they’re accessible to everyone.

4. Automate Where You Can, Document Where You Must

Document Manual Workarounds: Even if automation handles part of the process, manual backups are inevitable. Use KM tools to ensure these are well-documented for when systems fail—or someone resists automation.

  • Example: “If the auto-sync fails, upload manually using the protocol in Appendix C.

Standardize Responses: Create templates for common tasks and scenarios. Use L&D initiatives to train your team on these standards and minimize improvisation that leads to errors.

5. Build a Living Knowledge Base

Centralize Everything: Store all workflow documentation in a KM system. Include everything: system instructions, checklists, and even those handwritten notes someone swears are essential. A single source of truth ensures no one is left guessing.

Update Regularly: Legacy systems may not change, but workflows do. Use quarterly updates and feedback loops through KM and L&D programs to ensure your documentation reflects current practices—and quirks.

6. Manage the Human Factor

Handle Resistance with Humor and Patience: The Docketing Queen isn’t going to change overnight (or ever). Use L&D programs to train your team on handling resistance with empathy while sticking to documented workflows.

Celebrate Small Wins: If she starts scanning files instead of printing them, call it a victory. (And maybe buy her a coffee—you’ve earned it.)

Conclusion: You Can’t Modernize the Systems, But You Can Modernize the Workflow

Patent prosecution workflows will never be perfect, but combining KM systems and L&D strategies turns chaos into (semi)order. By embracing the quirks of your systems and your people, you can create workflows that work—even if they’re still a little “unique.”

Ready to streamline your firm’s workflows? Let’s talk about how KM systems and L&D programs can turn the chaos into clarity.