The Knowledge Gap: Why does it worsen over time?
Minneapolis patent attorney Steve Lundberg, founding shareholder of Schwegman Lundberg & Woessner explains why the knowledge gap between patent attorneys and clients gets worse over time.
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So if you file a patent application, again, in 2014 and you’ve got Inventor A, Patent Attorney A, a lot of times three or four years later it’s Patent Attorney B and Inventor A’s no longer there at all or Inventor A is too busy doing something else. So now you have a patent attorney that sometimes doesn’t even know anything about this patent application that they now have to draft an amendment in. They don’t really – they never had a meeting with the inventor to begin with, that inventor’s now gone, they know even less about the market, and so they may be essentially making decisions in prosecution that are not grounded in good strategy, because they’re amending the claims of the patent in a way that are going to exclude the coverage that actually may be critical to the company. And so what you want to do is try to figure out ways to close that gap, and some clients are better at doing that than others, but many times we see ___ loop there. We see patent prosecutors actually prosecuting the applications with very little knowledge of how the patent’s actually gonna be used, why it’s valuable, many years after it was originally drafted.