Abstract

Excerpted From: Arneda K. Perkins, African Americans and Women in the US IP Economy, 16 Cybaris an Intellectual Property Law Review (2024) (208 Footnotes) (Full Document)

African Americans and women can make significant contributions to the innovation economy in the United States (U.S.). However, intellectual property (IP), and particularly the patent system, which is considered synonymous with IP for purposes of this paper, remains “stubbornly difficult” for underrepresented groups like African Americans and women to access. This paper briefly explores some of the historical and structural challenges that African Americans and women, as separate and distinct groups, have faced in accessing and participating in the IP system. But more importantly, the paper focuses on the work that is - and can be done to reduce the racial and gender gaps in IP.

The paper begins with an overview of IP and why it is important from an economic and public policy perspective. Next, the paper highlights how the global response to COVID-19 underscored the economic, medical, and technological impact of IP and why racial diversity in IP matters. The paper moves on to discuss some of the unique challenges that African Americans and women continue to face in IP and society at large. Part VI looks at the existing IP infrastructure and attempts to identify proactive measures that can be taken to mitigate racial and gender bias in IP. Areas highlighted include education, mentoring, and organizational support.

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The barriers to participation in IP are real and systemic. However, this paper demonstrates there is no need to start from scratch. IP stakeholders who care about equity, inclusion, and the United States maintaining its status as the world leader in innovation have a roadmap for creating meaningful and sustainable change.

Licensed Texas Attorney and Graduate, Mitchell Hamline School of Law (MHSL).