Stanford Legal

Law touches most aspects of life. Here to help make sense of it is the Stanford Legal podcast, where we look at the cases, questions, conflicts, and legal stories that affect us all every day. Stanford Legal launched in 2017 as a radio show on Sirius XM. We’re now a standalone podcast and we’re back after taking some time away, so don’t forget to subscribe or follow this feed. That way you’ll have access to new episodes as soon as they’re available. We know that the law can be complicated. In past episodes we discussed a broad range of topics from the legal rights of someone in a conservatorship like Britney Spears to the Supreme Court’s abortion decision to how American law firms had to untangle their Russian businesses after the invasion of Ukraine. Past episodes are still available in our back catalog of episodes. In future shows, we’ll bring on experts to help make sense of things like machine learning and developments in the regulation of artificial intelligence, how the states draw voting maps, and ways that the Supreme Court’s affirmative action ruling will change college admissions. Our co-hosts know a bit about these topics because it’s their life’s work...

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episode 125: Does Inequity in U.S. Patent Inventorship Matter? A Discussion on Inequality in the Patent System and how it Impacts Innovation


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


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 January 4, 2024  21m