Posts Tagged: "gender gap"

On March 30, 2021, President Biden tapped Tiffany Cunningham to be the first African American to sit on the Federal Circuit. After a straightforward and speedy hearing, the Senate Judiciary Committee later advanced Cunningham’s nomination with a 16-6 vote. With her confirmation now imminent, Cunningham is poised to become the first African American, and the first African American woman, to join the Federal Circuit bench. Now that she has reached this historic milestone, this article reflects on the significance and impact of Cunningham’s nomination.

A critical battle against systemic racism currently engages the United States. Patent practitioners across the country—from the University of Minnesota Law School (a mere 2.5 miles from the location of the killing of George Floyd) to the U.S. Patent and Trademark Office (USPTO) headquarters in Alexandria, Virginia (another 1,000 miles away)—must cast a critical eye towards our profession to identify systemic barriers in the patent field.

Gloria Steinem wrote Moving Beyond Words: Age, Rage, Sex, Power, Money, Muscles: Breaking Boundaries of Gender in 1994. Steinem was an iconic figure in a movement that began several decades earlier and continues today to close the gender gap and ensure women have equal pay for equal work, among many other issues. In the intellectual property world, this movement is presently playing out in efforts to bring more women into STEM fields, as well as the patent bar and inventorship. There has been much debate about whether these efforts are misguided and how we should proceed, so IPWatchdog reached out to the experts—women at the top of their fields in IP—for their take on the challenges that they’ve faced and ways forward. From personal experiences to practical advice, here is what they had to say.

As we celebrate Women’s History Month, it is important to point out the role of women in the field of patent law. Women have been members of the patent bar since as early as 1898, when Florence King became the first woman registered to practice before the U.S. Patent Office, as well as the 685th registrant. She became a lawyer first, and then went back to school to obtain a degree in Mechanical and Electrical Engineering so that she could register on the patent bar. As a woman patent practitioner with a mechanical engineering degree, I feel a lot of gratitude to women like Florence King, who paved the way for me. Yet, despite her trailblazing efforts over a century ago, there is still a considerable lack of gender diversity in the patent bar.

The 2020 “Progress and Potential” report produced by the United States Patent and Trademark Office (USPTO) focused on women and inventorship. Recently, however, members of Congress asked the USPTO to consider a gender gap in patent practitioners, rather than inventors. This request is based on an article authored by Mary T. Hannon of DePaul University that argued that there is a formidable gender gap in individuals eligible for the patent bar, primarily based on the categories of technical background required to sit for the exam. Last week, the USPTO replied to the December letter—which was sent by Senators Mazie Hirono (D-HI), Thom Tillis (R-NC) and Chris Coons (D-DE)—citing statistics that found 29.22% of the 397 applicants that have taken and passed the registration examination since October 2019 selected the “Ms.” field on their applications and that, of the 1,937 applicants who have submitted applications electronically since October 19, 2019, 65.67% chose the “Mr.” salutation while only 34.33% chose “Ms.”

“Qualified women are unnecessarily excluded from membership in the patent bar,” wrote Mary T. Hannon in a recent law review article seen by Senators Mazie Hirono (D-HI), Thom Tillis (R-NC) and Chris Coons (D-DE), who promptly sent a letter to United States Patent and Trademark Office (USPTO) Director Andrei Iancu demanding answers. A scandal of epic proportions in 2020 if an agency of the executive branch is actively excluding women from the ranks of patent practitioners. But it’s just not true.

As IPWatchdog’s Virtual CON2020 continues, in a session on Day 7 titled “The Gender Gap: Stem Education, Funding & Inventorship,” a panel discussed the current underrepresentation of women and possible steps forward in science, technology, engineering, and mathematics (STEM) disciplines, patent professions and inventing. The panelists included Hope Shimabuku, the Director of the USPTO Texas Office; Megan Carpenter, Dean of the University of NH Franklin Pierce School of Law; Efrat Kasznik, President of Foresight Valuation Group; Delicia Clarke, Associate at WilmerHale; and Sandra Nowak, Assistant Chief IP Counsel at 3M.

Much has been written on women’s disproportionate numbers as scientists trained in science, technology, engineering and mathematics (STEM), as well the under-representation of women as inventors of record on USPTO patents. These statistics relate to women’s role in scientific development and inventorship, or in other words: in the creation of intellectual property (IP). Having said that, the reasons why women don’t get funded have little to do with IP, and much to do with the institutional structure of the venture capital (VC) ecosystem, as well as the corporate representation (or lack thereof) of women in senior management and board positions.

The House Small Business Committee met earlier today for a hearing titled “Enhancing Patent Diversity for America’s Innovators,” in which members of Congress heard from witnesses on ways to improve the sizeable patenting gap that exists for women, minorities and low-income individuals. As of 2016, less than 20% of U.S. patents listed one or more women as inventors, while under 8% listed a woman as the primary inventor; only six patents per million people were attributed to African American inventors; and children born to high income families are ten times more likely to obtain a patent than children from below median income families, said Committee Chairwoman, Representative Nydia Velázquez (D-NY).

We have known for decades that economies grow when the women in them work. The more that women find ways to contribute their ideas and inventions to the economy, at a rate that at least equals their numbers as half the American population, the better off our country and the world will be.

Why should we care about getting more women inventing? What does it matter? You don’t find more innovation by looking in places where you’re not likely to discover it. You’ll find innovation by researching and developing and we have several untapped sources of potential. Up until now there has been little or no real significant output on an entrepreneurial innovative level for female inventors, as well as with minority inventors. So I’m very interested in the types of programs that are going on at Historically Black Colleges and Universities, and I’m very interested in the efforts to try and bring women into the entrepreneurial and innovative space because I think that’s where we can find creative, fresh ideas. So I think this is a very important initiative.

“[W]e are finding that when the schools that are starting to measure their invention disclosure and their patent filings, again with at least one woman represented, even when they control for the percentage of female faculty members within a given department, for instance, they’re still finding that yes, there are fewer women represented but those fewer women that are represented are not filing as many invention disclosures as their male counterparts. So while we do need to concentrate on changing the culture and on making sure that girls and women are encouraged within these fields, we also have to, I think, for the sake of our economy, concentrate on women who are in these fields and are working and make sure that they also know about the patent process and find that accessible to them.”

Although women have more than quintupled their representation among patent holders since 1977, a pronounced patent gender gap remains. In 2010, according to a new briefing paper by the Institute for Women’s Policy Research (IWPR), fewer than one in five patents had at least one woman inventor named. Although quintupling the number of women inventors over the last 30+ years is impressive, at the current growth rate it is projected that it will take until 2092 for women to reach parity in patenting.