Bonum Certa Men Certa

'Women in IP': When the Gender Card is Used to Distract From Patent Policy

Focus on wealth, not gender

Royal flush



Summary: As various patent blogs turn to writing about (legitimate) issues of opportunities, the main subject people ought to be talking about is who benefits from patents in economic terms

THE EPO and the USPTO both use what's sometimes known as the "gender card" (it's not really a loaded term, but it has a negative connotation within some circle, just like "social justice warrior", "virtue-signaling" and so on). They use it for marketing purposes. We have given examples over the years. This post isn't about the groups that get associated with this debate (we're not interested in that sort of debate); we just want to point out that sometimes, as in the case of a study from some months ago, genders and ethnic minorities get exploited to relay particular talking points, e.g. claims that propose false correlations, overlooking the connection between personal wealth and patents, instead focusing on race and gender.



"There is some news today about patent scope, notably patents on life. We would like to remain focused on such matters and not enter the potentially divisive realms of discrimination, intolerance and so on."The question of gender is often brought up -- at times unnecessarily -- also in the software world, typically when the debate shifts from engineering to matters of ethics. That's not because of a perception of engineering/gender (or even potential/opportunity) gap but a variety of other reasons. There's a very long discussion at IP Kat about it (started earlier this week when "Merpel" wrote about diversity). Watchtroll also mentioned that a couple of days ago, citing this article about female lawyers. To quote:

A framed photo of trial consultant Tara Trask with a gaggle of lawyers and clients she advised on a patent case hangs in her office. The team smiles proudly outside a Texas courthouse, following a hard-fought win.

Two years later, when Trask set out to research the diversity of the intellectual property trial teams she’d worked with, something she hadn’t noticed in that photo jumped out: she was the only woman in a group of 13 white men.

In a sample of 50 attorneys in seven intellectual property trials she consulted on from January to August 2017, Trask found most were tried and led by white male attorneys. The majority were patent cases.


Women are underrepresented in many domains, not just law. And there are many reasons for why that happens. It's not a good thing. Having said that, what troubles us at times is how the gender/race issue gets interjected to manipulate completely and patently unrelated debates, such as the above-mentioned distraction from the correlation between wealth and patenting (not related to either race or gender). There is some news today [1,2] about patent scope, notably patents on life. We would like to remain focused on such matters and not enter the potentially divisive realms of discrimination, intolerance and so on. Sadly, many people do in fact manipulate those things.

Related/contextual items from the news:
  1. Federal Court rules controversial cattle genome patent invalid
    Australia's cattle industry has scored a win against the US-based owners over a patent application it feared would put the brakes on improvement in Australia's cattle herd.

    The Federal Court rejected the patent application, saying it was unclear in its scope, that it failed to adequality describe what the invention was, and whether there was an industrial application for it.

    Meat and Livestock Australia spends hundreds of millions of dollars on genetic research in cattle, and feared the patent application threatened Australian farmers' access to important genomic testing.


  2. Supreme Court pregabalin hearing to have a big impact on UK pharma patent rights
    Next week’s UK Supreme Court hearing on the long-running patent dispute over pregabalin will be watched closely by life sciences innovators.




Recent Techrights' Posts

Techrights Does Not Compete With LLM Slop, It Exposes the Bastards, Plagiarists and Scammers Who Do That
People like Scam Altman, still facing a lawsuit from his own sister for sexual abuse against her
Slopwatch: Planet Ubuntu Became LLM Slop and Some People Fail to See the Immorality of Plagiarism
it lessens the incentive for people to publish real articles
Microsoft Layoffs Again in Bay Area
Microsoft relies on people's false belief that being "in LinkedIn" will get you a job; well, seems like even working inside LinkedIn really sucks and you lose the job
 
The "AI" (Slop) Bubble Already Popped, But It's Not an Overnight Collapse
where Microsoft put its money
No More Steven Astorino at IBM, Chatter About Weekly/Nonstop Layoffs at IBM
What happened? Good luck guessing.
Looking at Corruption in Europe, Going Beyond the EPO
Expect a new series to kick off very soon
Slopwatch: Security SPAM and LLM Slop for SEO and FUD Purposes, Perpetually Tarnishing the Perception of Linux and (Open)SSH Security
A lot of this Fear, Uncertainty, Doubt (FUD) comes from Microsoft and its LLMs
Links 30/05/2025: Google's LLM Slop Pushers Are Killing Journalism and Shira Perlmutter Fails to Stop Bribed Regime From Legalising Plagiarism (in "AI" Clothing)
Links for the day
Links 30/05/2025: Offline Arts and "Threshold of Patience"
Links for the day
Signing Off Serious Lies With a Statement of Truth is No Joking Matter
It's not hard to see what's happening here
Links 30/05/2025: LLM Slop Already Ingests and Vomits Its Own Garbage, Facebook Exec Admits Copyrights a Concern Too
Links for the day
Mass Layoffs at Microsoft Result in More Whistleblowers From Microsoft
Microsoft's predatory pricing is further
EPO Poll: 68% Dissatisfied With Quality of Slop (Wrongly Framed as "AI") for Patent Classification
Slop does not work, it's just falsely advertised with extra hype (funded by slop pushers that sponsor the major media)
Big Crowds Gather to Learn About Software Freedom From the Man Who Started GNU/Linux in 1983
"It was a great success"
Gemini Links 30/05/2025: Fighting Against the Bad News, and Slop is Dehumanisation Disguised as "Intelligence"
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 29, 2025
IRC logs for Thursday, May 29, 2025
Links 29/05/2025: Chinese Cracking Against EU Institutions (Prague), More Assaults on Media and Its Funding Sources
Links for the day
EPO Workers Caution That the Officials Are Still Illegally Trying to Replace Staff With Slop (to Lower Quality and Validity of European Patents)
Nobody in Europe voted for any of this
Links 29/05/2025: US Health Deficit and Malware Disguised as Slop Generator
Links for the day
Links 29/05/2025: Turtle Roadkill, Modern 'Tech' as a Sting
Links for the day
Thanks for All the Fish, Linux Format
people who once wrote for it (or for other magazines) comment on the importance of this news
People's Understanding of the History of GNU/Linux is Changing
RMS is not a radical, he's just clever enough to see and foresee what's going on
Microsofters Were Scheming to Take Over This Entire Web Site (in Their Own Words!)
Money gets spent censoring/deplatforming people who speak about real issues; no money gets spent actually tackling those underlying issues
Bicycles for the Minds and the Story Harrison Bergeron
"The goal of having people in charge of the tools they use and that the tools should amplify ability" has long been abandoned
Links 29/05/2025: YouTube Problem and Giant Privacy Hole in Microsoft OneDrive
Links for the day
[Video] Cory Doctorow Explains DMCA: DRM in the Browser (or Webapp) Will "Make It a Felony to Protect Your Privacy While You Use It."
Pycon US Keynote Speaker Cory Doctorow
United States Courts With Sworn Testimonies Are on Our Side, We'll Present the Same Here
Chronicling what happened is a moral imperative
Serial Sloppers Ruin and Lessen the Incentive to Cover "Linux"
The Serial Sloppers (SSs) ought to be named and shamed, but almost nobody does this
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 28, 2025
IRC logs for Wednesday, May 28, 2025
Links 28/05/2025: 'Emulation Layers' (Measurements and Linguistics), Libraries, and Discomfort
Links for the day
Links 28/05/2025: More Arrests for Bitcoin-Connected Torture and Prosecutions for Dieselgate-Linked Executives
Links for the day
Even Microsoft (MSN) Covers Richard Stallman's Public Talk in Milan 2 Days Ago
He spoke in Spanish earlier this month (Alicante)
Gemini Links 28/05/2025: Techo-authoritarianism With Slop Plagiarism and "No Online June" (Going Offline)
Links for the day
Links 28/05/2025: GitHub MCP Exploited and MathWorks Discovers Huge Windows TCO
Links for the day
Very High Attendance Level at Richard Stallman's Talk Shows People Can Relate to His Message
Smear campaigns have their limits
Gemini Links 28/05/2025: Celsius-Fahrenheit, Endless Scrolling/Infinite Scrolling, and Trapping LLM Slop Bots
Links for the day
Prison gate backdrop to baptism by Fr Sean O'Connell, St Paul's, Coburg
Reprinted with permission from Daniel Pocock
More Photos From This Week's Milan Talk by Richard Stallman
The posts are in Italian, not English
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Tuesday, May 27, 2025
IRC logs for Tuesday, May 27, 2025