Patent Law and Women


Book Description

This book analyses the gendered nature of patent law and the knowledge governance system it supports. The vast majority of patented inventions are attributed to male inventors. While this has resulted in arguments that there are not enough women working in science, technology, engineering and mathematics, this book maintains that the issue lies with the very nature of patent law and how it governs knowledge. The reason why fewer women patent than men is that patent law and the knowledge governance system it supports are gendered. This book deconstructs patent law to reveal the multiple gendered binaries it embodies, and how these in turn reflect gendered understandings of what constitutes science and an invention, and a scientist and an inventor. Revealing the inherent biases of the patent system, as well as its reliance on an idea of the public domain, the book argues that an egalitarian knowledge governance system must go beyond socialised binaries to better govern knowledge creation, dissemination and maintenance. This book will appeal to scholars and policymakers in the field of patent law, as well as those in law and other disciplines with interests in law, gender and technology.




The Gender Gap In Global Patenting


Book Description

This report examines the participation of women inventors in international patent applications from 1999 to 2020 and reveals that women were involved in the inventions behind only 23 percent of all applications, while men were involved in 96 percent. Consequently, women represent only 13 percent of all inventors listed in these filings, with an estimated contribution equivalent to only 10 percent of all PCT applications. Although women's participation in patenting has increased over time, achieving gender parity will require considerable effort. Based on current trends, if the inclusion conditions of the past five years persist, women may reach the 50 percent target for inventors around the year 2061. Women's participation in patenting varies considerably across world regions, sectors, and industries. Women inventors are predominantly concentrated in specific industries, such as biotechnology, food chemistry, and pharmaceuticals, whereas fields related to mechanical engineering have far fewer women inventors. Women inventors are more prevalent in academia (21 percent) than in the private sector (14 percent), but patent applications originating from academia represent only a small share of the total. Although the technological specialization of countries significantly alters the ranking for a few of them, for most countries, their technological specialization is not the primary factor in the gender gap in patents. The report also notes that women typically work in mostly-male teams and are more likely to work alone than in teams of women, including all-women teams or teams where they are the numerical majority. The decline in the proportion of patents from lone male inventors explains much of the positive trend in global inclusion over the last two decades. The report concludes that although women's participation in patenting is increasing, greater efforts are necessary to address the underrepresentation of women in innovation and patenting.




Identifying the gender of PCT inventors


Book Description

This paper analyzes the gender of inventors in international patent applications. We compile a worldwide gender-name dictionary, which includes 6.2 million names for 182 different countries to disambiguate the gender of PCT inventors. Our results suggest that there is a gender imbalance in PCT applications, but the proportion of women inventors is improving over time. We also find that the rates of women participation differ substantially across countries, technological fields and sectors.




Patents and Gender


Book Description

Patent law is considered to be an objective law, dealing with the objective subject matter of the “technical arts”. Yet, empirical studies show that patenting rates around the world are gendered. This article analyses the roots of the gender patent gap, and how this correlates to the invention and innovation processes. It shows that the gendered nature of the patent-regulated knowledge governance system forces women into traditionally male spaces and fields in order to partake in the extant patent game. Yet, when they enter those spaces and fields, they often find themselves unwelcome and subject to institutional, structural or organisational biases, which impinge upon their ability to invent, patent and commercialise. The article re-frames the discourse around women inventors. It argues that we have to stop focussing on the “women in science, technology engineering and mathematics (STEM)” narrative, because it is a distraction from the underlying problem that the Western knowledge governance system reflects the hegemonic powers at play. Instead, we need to re-think the knowledge governance system and the ecosystem it creates, in order to ensure egalitarian knowledge production and protection.




The Global Gender Gap in Innovation and Creativity


Book Description

This report analyzes women’s participation in international patent applications between 1999 and 2020 and finds that women are involved in only 23% of all applications, representing 13% of all inventors listed. Women’s participation in patenting varies across regions, sectors, and industries, with higher representation in biotechnology, food chemistry, and pharmaceuticals, and lower in mechanical engineering. Women inventors are more prevalent in academia than in the private sector, and typically work in mostly-male teams or alone. Achieving gender parity will require significant effort, with an estimated target year of 2061 based on current trends.




The Gender Gap in Patents


Book Description

Steering women toward educational paths and careers in fields of invention would seem, in theory, to be the obvious solution to closing the gap between the number of men and women filing for and being granted invention patents. Billions of dollars have been invested at the federal, state, and local levels to spur interest and competency in science, technology, engineering, and mathematics (STEM) learning, but gender disparity in innovation workplaces persists. Studies indicate that, in addition to the educational barriers that can be and have been addressed legislatively, social and cultural influences affect outcomes for career women, as well as young women considering STEM degree programs. Evidence suggests that as more male students are drawn to STEM fields as a result of these same educational initiatives, the inventive patent ownership gender gap will widen. By considering the historical treatment of women with regard to intellect, employment, and property ownership, an enormity of scope emerges that, in turn, creates questions about the efficacy of current suggested strategies to narrow the gap.




The Battle Over Patents


Book Description

This essay is the introduction to a book of the same title, forthcoming in summer of 2021 from Oxford University Press. The purpose is to document the ways in which patent systems are products of battles over the economic surplus from innovation. The features of these systems take shape as interests at different points in the production chain seek advantage in any way they can, and consequently, they are riven with imperfections. The interesting historical question is why US-style patent systems with all their imperfections have come to dominate other methods of encouraging inventive activity. The essays in the book suggest that the creation of a tradable but temporary property right facilitates the transfer of technological knowledge and thus fosters a highly productive decentralized ecology of inventors and firms.




Unregistered Patents & Gender Equality


Book Description

Women do not get a fair share when it comes to patenting and are far less likely to own patents. This disparity is in part because of not only the inherent biases in science and technology and in the patent system itself, but also because of the high costs of even applying for patents. This article therefore proposes an unconventional new regime of unregistered patent rights to relieve women and other disadvantaged inventors of the costs of applying for registered patent rights and to help them gain greater access to patent protections. Patents are a glaring exception to the unregistered protections provided in other areas of intellectual property, which are more egalitarian in design. By providing automatic patent rights, our proposed regime would allow for greater protection for disadvantaged innovators, in much the same way that copyright, trademark, and other forms of intellectual property currently do.To explain our proposal, we detail the challenges facing women and other disadvantaged inventors in applying for patents as well as the fact that other intellectual property regimes do not require such applications. We also address a number of objections that our proposal would inevitably raise. In particular we show that, because our proposed unregistered patent system would grant rights for only three years and would protect only against direct copying, these rights would be unlikely to deter incremental or complementary innovation. Such rights would also be fully subject to invalidation under a preponderance of the evidence standard.Our proposed regime does not solve all of the issues female innovators face. Nonetheless, our proposed regime would benefit women and others by providing protection at no cost, without filing or renewal fees, and equally importantly, by protecting even inventors with little or no knowledge of the patent system and its importance in realizing the benefits of their inventive efforts.




Mothers and Daughters of Invention


Book Description

Stanley traces women's inventions in five vital areas of technology worldwide--agriculture, medicine, reproduction, machines, and computers.




Patents and Gender


Book Description

Recent recommended changes to Australia's patent laws could narrow the scope of patentable inventions. We argue this could have a comparatively bigger impact on female inventors who we find clustered in the life sciences. We examine 309,544 patent applications filed with IP Australia (the majority from international applicants) across a 15-year period (2001-15) and attribute a gender to 941,516 inventor names. Only 23.6% of patent applications in this dataset include at least 1 female inventor. The average overall success rate irrespective of gender was 75.0%, but the odds of success increased with increasing numbers of male inventors on a team. The addition of female inventors to a team did not have the same effect. We propose that the gender disparity could arise from implicit gender effects (examiner or patentee) during patent prosecution. https://www.unswlawjournal.unsw.edu.au/article/patents-and-gender-a-big-data-analysis-of-15-years-of-australian-patent-applications.