The IDEA Act of 2021

Summary

A document titled The IDEA ACT of 2021, Inventor Diversity for Economic Advancement, attributed to Chairwoman Nydia M. Velázquez and dated March 9, 2021. It states that a recent USPTO report found that only 22% of U.S. patents list a woman as an inventor and that women make up only 12.8% of all inventors. Under the heading What Does the IDEA Act Do?, it says the act requires the USPTO to collect data on gender, race, and military or veteran status from patent applicants on a voluntary basis, and to keep demographic information separate from the patent application. It also lists an annual report, a biennial report evaluating the data collected, and public availability of the underlying demographic data.

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The IDEA ACT of 2021
Inventor Diversity for Economic Advancement                                                      Chairwoman
                                                                                                 Nydia M. Velázquez



      Lack of Diversity in the Patent System Stifles Economic Growth
»   A Biden Administration priority is to invest in and increase the number of women and minority owned small
    businesses and the IDEA Act is a crucial step in achieving this through ensuring the inclusivity of the U.S. patent
    system.
»   Women, racial minorities, and the economically-disadvantaged are underrepresented in the U.S. patent system.
    A recent U.S. Patent and Trademark Office (USPTO) report found that only 22% of U.S. patents list a woman
    as an inventor and that women make up only 12.8% of all inventors. A report by the Institute for Women’s Policy
    Research found that the percentage of African American and Hispanic college graduates who hold patents is
    approximately half that of their white counterparts. Another report found that children born into families with
    incomes below the median U.S. income are 90% less likely to receive a patent in their lifetimes than those born
    into wealthier families.
»   Closing these patent gaps would drive economic growth. According to a study by Michigan State University
    Professor Lisa Cook, including more women and African Americans in the “initial stage of the process of
    innovation” could increase GDP by as much as 3.3% per capita. Another study by the National Bureau of
    Economic Research found that eliminating the patent gap for women with science and engineering degrees
    alone would increase GDP per capita by 2.7%.
»   There is a lack of data on the full extent of the patent diversity problem. The PTO does not collect data on
    applicants beyond their first and last names and city, state, and country of residence. As a result, those wishing
    to study patent gaps between different demographic groups are forced to explore options that are time-
    consuming, unreliable, or both.


                                  What Does the IDEA Act Do?
» Collect Demographic Data on a Voluntary Basis

Requires the USPTO to collect data on gender, race, and military or veteran status from patent applicants on a
voluntary basis, and giving the USPTO Director discretion to collect additional demographic data.


» Prevent Implicit Bias in Patent Examination Process

Ensures the USPTO keeps all demographic information separate from the patent application to prevent implicit bias
from entering the patent examination process.


» Patent and Trademark Office Reports on Inventor Diversity

Requires the USPTO to publish an annual report on (1) the total number of patent applications filed disaggregated
by demographic information, and (2) the total number of patent applications issued disaggregated by demographic
information, and a biennial report evaluating the data collected.

» Make Demographic Data Available to the Public

Underlying demographic data made available to the public to allow outside analysis of diversity gaps and trends over
time.


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