The Patent Bar Gender Gap: Relaxing the Eligibility Requirements to Foster Inclusion and Innovation in the U.S. Patent System

Qualified women are unnecessarily excluded from membership in the “patent bar” as a result of the perpetuation of an institutionally biased and outdated set of scientific and technical requirements by the United States Patent & Trademark Office (USPTO). While the USPTO has not failed to recognize the lack of equal gender representation among innovators (i.e., inventors) in the United States, it has remained silent on the lack of gender diversity within its own patent bar. Still further, even when the gender gap within the patent bar has been acknowledged, there have been few, if any, attempts to abolish the systemic obstacles that seem to exclude women from participation. This paper explores and criticizes the various obstacles prohibiting women from equal representation in the patent bar, and proposes possible solutions to reach greater gender inclusion therein. Specifically, the USPTO can foster greater inclusion and innovation in the U.S. patent system by (1) expanding the enumerated technical degrees that automatically satisfy the scientific and technical requirements for patent bar eligibility; (2) removing the undue requirements regarding program accreditation (for computer science degrees) and coursework; and/or (3) implementing an apprentice model as an alternative path to patent bar eligibility.