The article is published in the North Carolina Journal of Law & Technology, Vol. 11, p. 223, 2010, and its abstract runs like this:
"Among the many factors that impact the declining quality of U.S. patents is the increasing disconnect between the technological education patent bar members have and the fields in which patents are being written. Based on an empirical study, the authors show that too few patent attorneys and agents have relevant experience in the most often patented areas today, such as computer science. An examination of the qualification practices of the U.S. Patent and Trademark Office (“PTO”) suggests that an institutional bias exists within the PTO that prevents software-savvy individuals from registering with the Office. The paper concludes with suggestions of how the identified problems can be corrected".While the data, the cases and the reasoning is directed exclusively to the United States, there are plenty of messages for other jurisdictions too. However, it is inevitable that a disconnect will exist not just in software patent writing but wherever new technologies are discovered (I seem to recollect a similar phenomenon in the pioneering days of biotech and gene science). In terms of timing, people who write patents and people who examine them should ideally be possessed of the same skills at the same time. So far as litigation lawyers go, however, there can be a time-lag which enables an element of catch-up -- the examination and grant process must be completed before infringement litigation makes its own demands.
NB Free downloads of the article are available here.