For several years the USPTO has been looking into the gender gap in patenting—noting in 2019 that the number of patents with at least one woman inventor listed sits at only 21.9 percent. Now the focus has shifted to looking at the gender gap amongst those who practice before the Patent Bar. I co-authored an article recently with Nicole Galli on the lack of gender diversity among patent attorneys and highlighted how increasing the number of women attorneys will better support initiatives to increase the number of women inventors.
Considering the conversations that are currently taking place, and the fact that it is Women’s History Month, what better time to talk about some of the incredible women in patent law that came before. Mary Kies, born in Connecticut, was the first woman in the United States to receive a patent on May 5, 1809 for a new technique of weaving straw with silk to make hats. Her technique allowed for a cost-effective method for making bonnets that bolstered New England’s hat economy.
Nearly 60 years would go by before the first Black woman would receive a patent. Martha Jones, born in Virginia, is believed to be the first Black woman in the United States to receive a patent in 1868 for the “Improvement to the Corn Husker, Sheller.” According to Jones’ patent, her invention could husk, shell, cut up, and separate husks from corn in one operation, which served as a significant advance in the automation of agricultural processes.
During the time when Kies and Jones were receiving their patents, only male patent attorneys practiced in the United States. The male-only world of patent practice existed until October 4, 1897 when Florence King became the first woman registered to practice before the U.S. Patent office. King grew to be one of the leading patent attorneys in the Chicago area and in 1921 the first woman to win a case in the Supreme Court. The Supreme Court’s decision in her favor defined the boundaries for dividing the bundle of rights present in a patent, which is still binding precedent today. King was not only a trailblazer in the court room, but also within her community. She founded the Women’s Association of Commerce and was involved with the suffrage movement.
As a soon to be law-school-graduate and woman pursuing a career in patent law, I owe a debt of gratitude to the women who came before me. They broke down barriers and persevered despite facing obstacles that are unimaginable in 2021. There are still steps that need to be taken to increase the number of women inventors and patent attorneys, and especially women of color, but I am hopeful the ongoing discussions in the USPTO will lead to real change. The USPTO is seeking comment on the proposed updates to the requirements for admission to the Patent Bar in an effort to close the gender gap. Comments must be submitted here by May 24, 2021.
