By Ian Schick, PhD, Esq
I had meetings recently with two chief patent counsels — one runs IP for a major automotive company, the other for a major social-media company. Different industries, different docket sizes, different everything. But I made the same argument to both, and got the same answer from both.
The argument: AI has changed what it costs, in money and time, to produce a high-performing patent application. When a complete, fully-enabled, amendment-ready draft can be generated in hours instead of weeks, the economics that shaped patent strategy for forty years no longer hold. And once drafting is cheap, the smart posture for most portfolios reduces to three moves — maximize priority rights, maintain optionality, delay cost.
Both said, in almost the same words: that's exactly what we're doing.
Which raises the obvious question. If the people running IP at sophisticated, well-resourced companies are deliberately maximizing priority, preserving optionality, and deferring spend — why do so many law-firm patent attorneys still preach the opposite? Why is the default advice from outside counsel so often "let's get this to allowance as fast as we can"?