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assistance for women starting small businesses. The nondiscrimination laws are fully enforced and that
National Science Foundation, National Institutes employment and staffing decisions in academia,
of Health, and White House Office of Science industry, and government are made on their merits
and Technology Policy all have the resources and and not based on gender, race, or other character-
expertise to help promote diversity in invention and istics. It is also essential to promote paid family and
entrepreneurship across industries and disciplines medical leave and work-life balance to ensure that
through grant-making, education, and policy rec- everyone can contribute to the innovation economy
ommendations to the White House and Congress. while participating fully in both their personal and
Congress and the USPTO can also directly reduce professional lives.
some disparities in patenting. For example, Congress
and the USPTO can unilaterally lower the high costs THE ECONOMIC IMPERATIVE OF CLOSING
associated with patenting that create barriers to entry. PATENTING GAPS
High fees associated with filing and defending a pat- The under-representation of women, people of
ent can pose a substantial barrier since people from color, and lower-income individuals in the patent
under-represented groups earn less, on average, than system presents both a social and an economic chal-
white men (21). Attorney fees alone for filing a patent lenge. In addition to failing to funnel large swaths of
application can cost $5,000 to $16,000, excluding society into the innovation pipeline, persistent gen-
other associated costs (22). Programs like the USPTO der, race, and income gaps result in the U.S. foregoing
Pro Bono Assistance Program, which matches the opportunity for substantial economic growth and
qualified low-income applicants with volunteer job creation.
patent attorneys, and the USPTO Pro Se Assistance The benefits of closing the gap are tangible—and
Program, which provides advice to inventors who significant. For example, one study found that “elim-
wish to pursue patents without the help of an attorney, inating the patenting shortfall of female holders of
can help to mitigate the high costs of patenting an science and engineering degrees would increase GDP
invention, but they could be expanded to help small per capita by 2.7%” (8). Another study found that
businesses and others for whom attorneys’ fees are a including more women and African Americans in
major barrier to entry. the “initial stage of the process of innovation” would
Congress should also maintain a strong patent increase GDP somewhere between 0.64 percent and
system to help people from under-represented com- 3.3 percent per capita (10).
munities invent and patent. A strong patent system In addition to the specific GDP potential, the
will help women and inventors of color license their patent gaps are depressing new business creation,
inventions for a fair return and secure capital sup- job growth, and innovation. Structural barriers that
port for their businesses. Over three-quarters of VC result in lower participation in patenting activities
investors report that they consider patents in funding by segments of the U.S. population erect another
determinations (23). However, women, people of barrier to entry in business and entrepreneurship.
color, and lower-income individuals have less access For example, a report by the Center for Equitable
to capital associated with start-up success. To the Growth found that the rising inequality in the pat-
extent that inventors from under-represented com- ent system is linked to the decline in the number of
munities can more easily obtain and defend their new start-ups in the U.S. economy and the decline
innovations, they can access additional funding to in the number of new innovations (25). Noting that
grow their businesses, expand employment, and com- firms younger than five years old made up only 39
mercialize their innovations for public use. percent of all businesses in the U.S. just before the
Finally, discrimination against women and people Great Recession, the report points to lower patenting
of color in the workplace, cultural inertia in aca- rates among low-income individuals to underscore
demia and industry, and gender and racial stereotypes “just how far out of reach entrepreneurial success is
all contribute to the patent gaps. Policy efforts to for the vast majority of children born into low-income
promote equality in innovation must ensure that families in the U.S.” (24).