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

Microsoft Collapses While GNU/Linux Rises in Bulgaria, According to statCounter
Microsoft is losing across all sectors
The Fall of the Open Source Initiative (OSI): An Introduction
In a nutshell: there's a massive conflict inside the OSI and the OSI stooges (staff serving Big Sponsors like Microsoft) try to hide it
Paraguay: GNU/Linux Surging to New Usage Levels (7%), According to statCounter
Notice that the gains are at Microsoft Windows' expense
Social Control Media as a Rapid Race to the Bottom - Part I - That Sinking Feeling
When you realise you made an error and things you adopted more than 15 years ago became utterly bad
Microsoft's Entryism as Mortal Risk/Danger: The Example of the Open Source Initiative (OSI)
Microsoft is a cult
FSF Amicus Brief: Aspose.PDF for .NET 24.2.0, OOXML (.docx), and Microsoft Word (Proprietary)
Could the FSF not find any law firm that, in addition to talking about or for Free software, does not use .NET, OOXML, and almost everything Microsoft?
New Interview With Richard Stallman in Italy (Manuel Cuda News)
Due to Google's growing aggression against Free software and proper APIs, this cannot be downloaded and converted to a free format
The UEFI hype and Microsoft's lies
By Sami Tikkanen
Over at Tux Machines...
GNU/Linux news for the past day
In Central African Republic Windows Has Pretty Much Fallen to Zero
We need to focus on Software Freedom
 
Transcript of Richard Stallman's Interview With Manuel Cuda News in Italy (Debunking Fake "AI")
A rough draft, but checked by two people
Chad: All-Time Lows for Windows, According to statCounter
According to statCounter, many in Chad moved to Android
Links 04/03/2025: Universities Are Under Attack, Windows Attracts Ransom Against Ministry of Health
Links for the day
Links 04/03/2025: Microsoft Issues Policy Instructions to the Cheeto Mussolini Administration, Cloudflare Engages in Mass Censorship Again
Links for the day
Gemini Links 04/03/2025: Athens, Fedora 41, and Yelling at Clouds
Links for the day
The Free Software Foundation (FSF) Belatedly Comments on Case That Tests Copyleft in the United States
"The Free Software Foundation (FSF) announced today it has submitted an amicus brief in the case entitled Neo4j"
If They Try to Censor You on Some Topic, Then You Should Cover This Topic Even More
OSI is only a small part of it
IRC Proceedings: Monday, March 03, 2025
IRC logs for Monday, March 03, 2025
Thorsten Glaser & Open Source Initiative (OSI) resignations due to AI whitewashing
Reprinted with permission from Daniel Pocock
Gemini Links 03/03/2025: Copyrights, GrapheneOS, and SpaceBeans
Links for the day
Links 03/03/2025: Europe Rallies Behind Ukraine, Measles Flourishes in US Again
Links for the day
Microsoft Windows Down to 8.5% in South Africa
South Africa and Egypt are strategic in Africa
After Fund-raising Campaign the Free Software Foundation Still Raises About $13,000 Per Week (Without Campaigning for New Donors/Members)
Richard Stallman in the Board is not a liability
Links 03/03/2025: 'Monetisation' Myth' and Microsoft's LLMs Helping Criminals
Links for the day
The New Series About the Open Source Initiative (OSI) and the Microsoft Entryism in OSI is Closely Related to the SLAPP Against Techrights
Also based on the leading publication that they want removed
New Series: A Deep Dive Into the Severe Corruption of the Open Source Initiative (OSI), Nowadays a Front Group and Lobbyist of Microsoft
There's a lot to show
Links 03/03/2025: Mass Layoffs in IBM China, Intel Still in Trouble
Links for the day
3 Out of 4 in Cuba Use Linux to Access the Web
Maybe change does come about...
Doing Free Software for a Living in an Era or a Time of Abundance of Code (and Fast Internet to Pass It Around Freely) or Writing When the Web is Attacked by LLM Slop
Tailoring code to needs is the key
Links 02/03/2025: Day Off, POWER9, Console Challenge
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, March 02, 2025
IRC logs for Sunday, March 02, 2025
Microsoft Windows Falls to All-Time Low in Thailand
We're seeing many all-time records like these so far in 2025
Gemini Links 02/03/2025: Snowdrop Flower and Hostile Leaders
Links for the day
Links 02/03/2025: Microsoft Outlook Goes Offline, Foreign-Owned Social Control Media Interfering With Fair Elections
Links for the day
According to statCounter, Windows Falls Off a Cliff in Maharlika, GNU/Linux Surges to 5%
But mobile is king
New Video Clip of Richard Stallman's Latest Visit to and Talks in Italy
Richard Stallman or RMS giving his latest talk last week
Windows Used by Only One in Six Asians to Access the Web, According to statCounter
maybe more governments in Asia should move away from Microsoft
GNU/Linux Reaches 5% in Brazil, an All-Time High According to statCounter
There are hundreds of millions of people in that country
Google Already Dominates the Global South (via Android/Linux)
If one puts aside Russia and east Europe, not many countries exist that still connect to the Web from Windows more than from Android
GNU/Linux Widespread in Finland, Sweden, and Norway
Sweden has many Chromebooks in schools3 nations
Germany's Incoming Leader Said He'd Seek More Independence from the US, GNU/Linux Soars to 6%
Last month it was 5%
For the First Time GNU/Linux is Measured at Over 4% in Europe (Not Counting ChromeOS/Chromebooks)
Europe, on average, is now estimated to have GNU/Linux on 1 in 25 Web-connected laptops/desktops
Over 2 Years of LLM Hype and Nothing to Show for It
People still use search, not chatbots
Apple's iOS Almost Bigger Than Windows Now (Internationally), Windows Falls to 22% According to statCounter
Without Windows domination, there's not much left going for Microsoft
Putin's Loyal DOGE
We hereby crown Arvind Krishna "Putin's DOGE"
The Media Barely Reported This (Late Friday): IBM Lays Off About 2,000 More Workers, Effective Hours Ago
Maybe some diversity programs can help IBM recruit slaves or grossly-underpaid staff
Microsoft Money Being Spent to Bully Techrights Only Legitimises Techrights
The longer it goes on for, the greater the Streisand Effect
Suing One's Way Out of Real Trouble Won't Work (It Merely Increases the Trouble)
"Guns for hire" in London can only issue "legal" threats
Microsoft Writing Articles About Microsoft, Using Microsoft LLMs
Right now there are many articles about Microsoft Outlook being down completely
Gemini Links 02/03/2025: OFFLFIRSOCH 2025 and Programming
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, March 01, 2025
IRC logs for Saturday, March 01, 2025