What Does a Virtual Patent Counsel Do? Here’s How They Help Innovators and Legal Teams Alike

In today’s innovation-driven economy, companies are constantly filing, defending, and leveraging patents—but not every business needs or can afford a full-time, in-house patent attorney. That’s where virtual patent counsel comes in.

Whether you’re a startup developing your first product, a growing tech company with a global portfolio, or a law firm needing overflow support, virtual patent counsel provides expert legal guidance—on demand and without the long-term commitment.

What Is Virtual Patent Counsel?

Virtual patent counsel refers to a highly experienced patent attorney who works remotely, typically on a part-time, project-based, or fractional basis. These professionals offer the same caliber of service as in-house counsel or large law firms but with greater flexibility and cost-efficiency.

So what exactly do they do? Let’s break it down.

1. 📄 Patent Drafting and Prosecution

One of the most essential services virtual patent counsel provides is drafting and prosecuting patent applications, including:

• Preparing U.S. and international (PCT) patent filings

• Responding to office actions and examiner rejections

• Managing continuation, divisional, and CIP filings

• Conducting examiner interviews to advance prosecution strategy

This work is highly technical and strategic—virtual patent counsel ensures your applications are drafted to maximize scope, enforceability, and commercial value.

2. 🔍 Patentability & Freedom-to-Operate (FTO) Analysis

Before investing in R&D or launching a product, businesses need to ensure their inventions are patentable—and that they’re not infringing on others. Virtual counsel can:

• Perform patentability searches to assess novelty and non-obviousness

• Conduct freedom-to-operate (FTO) analysis to avoid legal risk

• Issue formal legal opinions on patent validity or infringement exposure

  
  

3. 🧠 Strategic IP Portfolio Management

Patents aren’t just legal documents—they’re business assets. Virtual counsel helps clients build and manage their portfolios to support long-term innovation goals:

• Filing strategy by geography and industry

• Tailored claim strategies to block competitors

• Patent pruning to reduce maintenance costs

  
  

4. 🤝 Licensing, Contracts, and Transactions

Virtual patent counsel is also instrumental during business transactions and commercial negotiations:

• Drafts and negotiates licensing agreements, joint development deals, and NDAs

• Supports IP due diligence during mergers, acquisitions, and funding rounds

• Advises on assignment agreements and transfer of IP rights

  
  

5. ⚖️ Litigation and Post-Grant Proceedings

Patent litigation and challenges before the USPTO require deep technical insight and prosecution experience. Virtual counsel supports:

• Prior art analysis and invalidity strategies

• Claim chart drafting for infringement and invalidity positions

• Inter partes review (IPR), ex parte reexaminations, and post-grant reviews

• File history analysis to support litigation arguments and avoid estoppel

  
  

6. 🧾 Portfolio Audits and Patent Valuation

For companies preparing for investment, licensing, or sale, virtual counsel provides audits to evaluate:

• Strengths and weaknesses of existing IP

• Gaps and opportunities in the portfolio

• Estimated value and monetization potential

  
  

7. 🕓 Temporary In-House Coverage and Overflow Support

Finally, virtual patent counsel is an ideal solution for in-house teams that are:

• Short on bandwidth during a product launch or M&A event

• In transition between full-time hires

• In need of outside perspective without long-term overhead

Startups, especially, benefit from having seasoned counsel to guide their IP strategy without the cost of a full-time legal department.

Final Thoughts

Virtual patent counsel gives you expert IP legal support—without the office, the salary, or the delays. Whether you’re protecting your next big idea or navigating a complex transaction, having a trusted, experienced patent attorney by your side (virtually) can make all the difference.

Interested in working with Your Patent Counsel? Let’s talk about how we can support your innovation strategy today.