Statements on Introduced Bills and Joint Resolution

Floor Speech

Date: March 9, 2021
Location: Washington, DC

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Ms. HIRONO. Mr. President, I rise today to introduce the Inventor Diversity for Economic Advancement Act of 2021. I thank my colleague from North Carolina, Senator Tillis, for working with me on this important piece of legislation, which serves as a first step to closing the diversity gap in our patent system by collecting demographic data on patent applicants.

Women and racial minorities have made some of the most significant inventions in this Nation's history. The $75 billion home security industry grew from an initial home security system invented by Marie Van Brittan Brown. The computer would never have become the multimedia device it is today without the microcomputer system invented by Mark Dean. The genetic revolution would still be science fiction if not for the CRISPR gene-editing tool discovered by Jennifer Doudna--raised on Hawaii's Big Island.

We should celebrate these inventors and the many others like them who have contributed to innovation in this Nation. But we must also recognize the hard truth that women, racial minorities, and many other groups are greatly underrepresented in the U.S. patent system.

The Patent and Trademark Office's recent report on women inventors shines a spotlight on one part of this problem. The PTO found that only 22 percent of U.S. patents list a woman as an inventor and that women make up only 13 percent of all inventors. This is true even though women held 43 percent of all full-time jobs in 2016 and 28 percent of STEM jobs in 2015.

Other reports highlight racial patent gaps. For example, 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.

Closing these gaps would turbocharge our economy. 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 $640 billion. 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 by over $500 billion.

It's simply good policy and good business to want to fully integrate people of all types into our innovation economy. But if we have any hope of closing the various patent gaps, we must first get a firm grasp on the scope of the problem.

Studies of the demographic makeup of patentees, like the ones I described, are few and far between. The reason is a simple one. A lack of data. The PTO does not collect any 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 guess the gender of an applicant based on his or her name, determine the race of an applicant by cross- referencing census data, or explore a number of other options that are time-consuming, unreliable, or both.

The IDEA Act solves this problem. It would require the PTO to collect demographic data--including gender, race, and military or veteran status--from patent applicants on a voluntary basis. It would further require the PTO to issue reports on the data collected and, perhaps more importantly, make the data available to the public with appropriate protections for personally identifiable information. Outside researchers could therefore conduct their own analyses and offer insights into the various patent gaps in our society.

Let me be clear. Closing the information gap facing researchers alone will not solve the patent gap facing women, racial minorities, and so many others. But it is a critical first step. I therefore encourage my colleagues to support the IDEA Act. ______

By Mr. DURBIN (for himself and Mr. Lankford):

S. 644. A bill to amend title XVIII of the Social Security Act to restore State authority to waive for certain facilities the 35-mile rule for designating critical access hospitals under the Medicare program, and for other purposes; to the Committee on Finance.

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