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If you have an application that the patent attorney truly doesn’t understand the value of because they lack market knowledge, they don’t realize this patent’s important because they don’t understand what’s going on in the marketplace, that patent attorney is not able to focus on getting the coverage that would be most valuable to what the market is using. And many times a patent attorney, simply given the budgets that they have, they don’t have time to go do research on what’s going on in the marketplace. So they’re just trying to get something allowed that looks reasonable for them, whereas if they understood what’s really going on, they could actually get a much, much better patent. And on the flip side, it may be that the patent they’re drafting is completely worthless and that the market has passed this technology by and, again, they’re doing work that’s worthless, because they don’t even realize they’re getting a worthless patent.
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Minneapolis patent attorney Steve Lundberg, founding shareholder of Schwegman Lundberg & Woessner addresses the knowledge gap that arises between patent attorneys and their clients — specifically, the gap caused by patent lawyers not understanding the client’s market.