Equity in Innovation: Trends in U.S. Patenting and Inventor Diversity

Equity in Innovation: Trends in U.S. Patenting and Inventor Diversity

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November 30, 2022
Equity in Innovation: Trends in U.S. Patenting and Inventor
Diversity
Scholars, policymakers, and administrators have expressed
Gender
interest in who participates in America’s innovation
Patenting activity in the United States is currently
ecosystem—the constellation of people, institutions, and
distributed unevenly among men and women. Recent
enterprises engaged in research and the development of new
analysis by the U.S. Patent and Trademark Office (USPTO)
products and services. They argue that barriers for different
found that men are much more likely to be named as an
groups to participate in the innovation ecosystem negatively
inventor on a patent than women. According to 2019 data,
impact U.S. technological competitiveness.
the share of patents issued to women was 12.8%, and the
share of patents issued to teams with at least one woman
Recent academic scholarship has shown that factors such as
named as an inventor was 22%.
limited access to a quality STEM education, mentorship,
exposure to inventive activity, and limited financial
Figure 1. USPTO Utility Patents Granted to U.S.
resources can negatively impact a person’s likelihood of
Owners Per 1,000 Residents, by U.S. County: 2020
participating in the innovation process.
Since patents are widely recognized as an important
measure of innovation, trends in U.S. patenting activity
may assist policymakers in assessing current sources of
innovation and identifying potential inequities that may
limit future U.S. technological and economic leadership.
(For more information on patents and innovation policy, see
CRS Report R47267, Patents and Innovation Policy, by
Emily G. Blevins.)
This In Focus covers recent trends in U.S. patenting data,
highlighting potential geographic, socioeconomic, racial,
and gender-based disparities in patenting activity;
summarizes possible economic implications stemming from
such disparities; and presents selected policy options and

related considerations for Congress.
Source: National Science Board, National Science Foundation,
The Geography of U.S. Patenting
Invention, Knowledge Transfer, and Innovation. Science and Engineering
Indicators 2022, NSB-2022-4, 2022, at https://ncses.nsf.gov/pubs/
As measured by utility patents, the largest component of
nsb20224/.
patenting, innovative activity is not currently distributed
evenly throughout the country. Analyzing the “geography
Race
of U.S. patenting,” the 2022 Science and Engineering
Discrepancies in patenting activity exist along racial divides
Indicators report, published by the National Science Board,
within the United States as well. By comparing 2018
found that areas of high patenting intensity in the United
patenting data with other public records to determine
States (measured by the patent owner’s location per 1,000
inventor characteristics, one study concluded that White
residents) are primarily concentrated along the coasts, in
Americans were around three times more likely than Black
Texas, and in parts of the Great Lakes and Rocky
Americans to become inventors. A 2010 study found that
Mountains (Figure 1).
during the period from 1970 to 2006, Black inventors in the
United States were granted 6 patents per million people,
The report also found that, in 2020, 41.6% of U.S. counties
compared to the overall rate of 235 patents per million
had zero patents granted to people residing in that county,
people.
and the top three counties for patenting intensity were Santa
Clara in California, followed by Schenectady and
Income
Westchester in New York.
Income levels have also been shown to impact patenting
The Diversity of U.S. Inventors
rates. Linking de-identified data on 1.2 million inventors
based on information contained in patent records with
In addition to regional differences, studies have
income tax records, a 2017 study found that individuals
demonstrated that patenting activity in the United States
from high-income families were around nine times more
varies according to an individual’s gender and race, as well
likely to eventually file a patent than individuals from low-
as socioeconomic background.
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Equity in Innovation: Trends in U.S. Patenting and Inventor Diversity
income families and almost four times more likely to file a
on improving regional innovative capacity throughout the
patent than those from middle-income families.
United States. Proponents of such an approach argue that
doing so would not only lead to a more diverse innovation
Potential Impacts on Innovation and the
ecosystem but could also drive economic growth and higher
Economy
living standards more uniformly across the country. The
Does the diversity of inventors have any bearing on the
CHIPS and Science Act (P.L. 117-167) directs a number of
capacity of the U.S. innovation ecosystem? Some studies
federal agencies and departments to create regional
suggest that the barriers underrepresented populations face
innovation hubs and programs to spur development in
accessing the innovation ecosystem (including advanced
under-resourced regions.
training and education, research and development funding,
and venture capital) have a dampening effect on innovation.
Others have argued that policy reforms related to patent
Some scholars have asserted that when significant numbers
administration are needed to address geographic disparities
of potential innovators with unique perspectives on societal
in patenting activity, such as increasing USPTO outreach
challenges and issues do not participate in the innovation
efforts to regions with low patent rates. H.R. 8697,
process, a number of potential original and beneficial
introduced during the 117th Congress, would direct USPTO
solutions are lost.
to establish a satellite office in the Southeast region and
increase outreach to underrepresented groups to increase
Some economists argue that the stakes of ignoring equity
their participation in the patent system.
within the patent system are high for the U.S. economy.
One Michigan State University economist has asserted that
Increasing Inventor Diversity
attempts to promote innovation by narrowly focusing
Congress may also wish to consider how changes to
policies on ensuring strong property rights ignore other
USPTO’s patent examination process might increase the
important factors that impact the preconditions for
diversity of U.S. inventors. For example, a 2022 report
innovation, such as societal inequities and even threats to
described the impact on patenting success rates of a USPTO
physical safety, which may be experienced more acutely by
pilot program, which provided extra guidance to pro se
various demographic groups within society. Additionally,
patent applicants (applicants who lack legal representation,
she argued that these factors limit the economic effects of
often due to the associated costs). Data from a randomized
innovative activity. Some studies have estimated that
control trial showed that participation in the pilot increased
closing the gender and racial patenting gap could result in a
the likelihood that first-time U.S. women applicants would
two-percentage-point increase of the U.S. gross domestic
receive a patent by 23.5 percentage points.
product per capita.
Congress might consider directing USPTO to make the
Others argue that factors contributing to economic growth
pilot program permanent or to expand it to study the impact
are complex and that it may be impossible to quantify any
of receiving additional guidance and information on the
potential economic impacts stemming from reducing
success rates of pro se applicants from racial, ethnic, and
patenting inequities.
socioeconomic backgrounds with comparatively low
patenting activity.
Selected Issues in Patent Policy and
Considerations for Congress
Federal Policy Coordination
Congress could consider changes to U.S. patent policy to
Closing the patenting gap would likely require a
promote greater diversity in the innovation ecosystem.
coordinated effort across the federal government. For
example, entities such as the USPTO and Small Business
Collecting Biographical Data from Inventors
Administration administer important policies and programs
The ability to develop potential policy solutions aimed at
that seek to encourage broader participation in the invention
increasing the diversity of those participating in the
and commercialization process. Congress may wish to
innovation ecosystem may be restricted, in part, by the
consider whether adequate coordination currently exists
absence of data. Currently, USPTO does not request or
between these different federal entities in order to ensure
track demographic information from patent applications.
that policies work in concert.
Such data may be helpful to policymakers in assessing the
existence or scope of potential inequities embedded in the
To that end, Congress might consider directing the White
patent system and offer insights into possible solutions.
House Office of Science and Technology Policy to assess
the efficacy of ongoing federal efforts to increase diversity,
Introduced during the 117th Congress, S. 632 and H.R. 1732
equity, and inclusion within the U.S. patent system and to
would both require USPTO to request that inventors
develop metrics and benchmarks for tracking federal
provide demographic information (defined as including
progress toward creating a more diverse innovation
gender, race, and military or veteran status), on a voluntary
ecosystem.
basis, with each patent application submitted to the agency.
Congress may consider whether to require USPTO to
Emily G. Blevins, Analyst in Science and Technology
request such information.
Policy
Strengthening Regional Patenting Resources
IF12259
Based on the observed regional disparities in patenting
activity, some have called for federal initiatives that focus
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Equity in Innovation: Trends in U.S. Patenting and Inventor Diversity

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