Does Inequity in U.S. Patent Inventorship Matter? A Discussion on Inequality in the Patent System and how it Impacts Innovation

Stanford Legal

Women and minorities continue to be underrepresented in patent issuing and less often are granted credit for their innovations. We examine why this is, the impacts it has, and what can be done about it. Patents, and the protection of inventor rights, was deemed important enough that when the U.S. Constitution was ratified in 1788 it included what is now known as the intellectual property clause: Article I, Section 8, Clause 8, which reads “[The Congress shall have Power . . . ] To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” Our guest in this episode is Lisa Larrimore Ouellette, whose latest research looks at inequality in the patent system and how that impacts innovation. Her paper “Improving Equity in Patent Inventorship” was recently published in Science.

Connect:

• Episode Transcripts >>> Stanford Legal Podcast Website
• Stanford Legal Podcast >>> LinkedIn Page
• Rich Ford >>> Twitter/X
• Stanford Law School >>> Twitter/X
• Stanford Law Magazine >>> Twitter/X
• Lisa Ouellette >>> Twitter/X

Chapters:

(00:00:00) Introduction and Patent System Overview
The significance of patents and their historical context. Intro of guest Lisa Ouellette’s research on inequity in the patent system

(00:01:47) Understanding Patents and their Benefits

The purpose of patents, their duration, and their impact on inventors' rights. Discussion on how patents apply across various industries like pharmaceuticals, software, and AI.

(00:04:10) Inequities in the Patent System

Disparities within the patent system, and discussion on the lower representation of women and minorities in obtaining patents.

(00:07:15) The Innovator-Inventor Gap

Exploring the gap between authorship on scientific papers and recognition as patent inventors & potential mechanisms causing it.

(00:11:15) Impact of Patent Recognition

The significance of being listed as a patent inventor: impact on career, earnings, and professional reputation.

(00:13:33) Innovation Type with Diverse Inventorship

Insights into the potential shift in innovation focus due to diversity within inventor teams.

(00:14:54) Addressing Inequity: Policy Reforms

Challenges faced by underrepresented groups in persisting through the patent application process, suggestions for change and the impact of real-world programs to address these challenges

(00:18:37) AI's Influence and Challenges

Speculations on AI's impact on patent accessibility and equity. Challenges and potential exacerbation of disparities due to AI-generated patent claims.

(00:21:11) Conclusion