Breaking Barriers: Gender-Inclusive Language in Patent Law

Patent law, as a bastion of innovation, has historically been associated with forward-thinking. Yet, when it comes to the language used in its frameworks, it often clings to the past. Male-centric terminology, such as "he," "his," and "him," dominates the narrative, subtly sidelining the contributions of women and non-binary individuals in innovation.

Numbers That Speak Volumes

To truly grasp the extent of the bias, let’s examine India’s own legal and procedural documents in patent law:

• The Indian Patents Act, 1970, uses the expressions “he,” “his,” or “him” 248 times.
• The Indian Patents Rules, 2003, repeats these expressions 146 times.
• The Manual of Patent Office Practice and Procedure (Version 3, 2019), widely regarded as a practical guide for patent prosecution in India, uses them 92 times.

These figures underscore the pervasiveness of gendered language in Indian patent law. While these expressions might seem like innocuous grammatical defaults, their repeated use reinforces the stereotype of male dominance in patent filings, inadvertently excluding women and non-binary inventors from the narrative.

A Global Push for Change

Across the world, many legal systems have started adopting gender-neutral language to reflect evolving societal values.

• Canada and New Zealand have been trailblazers, ensuring their legislative texts use inclusive terms like “they” or avoid pronouns altogether.
• The European Patent Office (EPO) actively encourages gender-neutral drafting, setting an example for international harmonization in patent law.
• In the United States, the shift towards using terms such as “inventor,” “owner,” or “applicant” over gendered pronouns has been widespread in patent applications and related legislation.

This move isn’t just about inclusivity; it’s about fostering a patent system that truly reflects the diversity of its contributors.

The Indian Challenge and Opportunity

India, a country brimming with innovative talent, finds itself at a crossroads. According to the Indian Patent Office, only 13% of patent applications in 2022 included women inventors, which is alarmingly low compared to global counterparts.

While the Patents Act, 1970, is gender-neutral in principle, the persistence of gendered language creates an implicit bias. Changing this narrative is not only a step toward equity but also an opportunity for India to align with international best practices and showcase its commitment to inclusion.

By revising its patent frameworks to incorporate gender-neutral language, India can:

• Empower underrepresented groups to participate in the innovation ecosystem.
• Modernize its legal frameworks to align with global standards.
• Encourage more women to step into the STEM and IP fields, knowing the system recognizes and values their contributions equally.

Simple Yet Impactful Steps

The transition to gender-neutral language doesn’t require a legislative overhaul—it just demands intent and effort. Here’s how it can be achieved:

1. Revise Core Documents: Replace expressions like “he,” “his,” and “him” in the Patents Act, Rules, and Manual with terms like “they,” “their,” or “the inventor.”
2. Train Patent Professionals: Conduct workshops for patent agents, examiners, and IP attorneys to adopt inclusive drafting practices.
3. Promote Awareness: Make gender-neutral drafting a focal point in IP conferences and training programs.
4. Encourage Thought Leadership: Indian IP professionals can take the lead in pushing for inclusivity, making India a global voice in this critical shift.

A Future That Reflects Us All

Language shapes perception, and perception drives change. By adopting gender-neutral language in patent law, India can dismantle stereotypes and create a system where every inventor feels seen and valued.

Imagine a young girl working on her first invention, reading a patent guide that says “the inventor” instead of “he.” That subtle but powerful shift can inspire confidence, reinforcing that innovation knows no gender.

The Bigger Picture

Ultimately, adopting inclusive language in patent law isn’t about appeasing trends; it’s about reflecting the reality of today’s diverse and dynamic innovation ecosystem. It’s about ensuring that the next big idea—whether from a woman, a man, or a non-binary individual—receives equal recognition and respect. Dr Niti Dewan

Credits

This article is inspired by Bharti Sharma's work on Law.asia, with additional insights tailored for an audience that values inclusivity and progress in the realm of intellectual property.