Abstract
[Excerpt] "Inventors pursue patents and authors receive copyrights.
No special education is required for either endeavor, and nothing
precludes a person from being both an author and an inventor.
Inventors working on patentable industrial projects geared
toward commercial exploitation tend to be scientists or engineers.
Authors, with the exception of those writing computer code, tend
to be educated or trained in the creative arts, such as visual art,
performance art, music, dance, acting, creative writing, film
making, and architectural drawing. There is a well-warranted
societal supposition that most of the inventors of patentable
inventions are male. Assumptions about the genders of the
authors of remunerative commercially exploited copyrights may
be less rigid. Women authors are more broadly visible than
women inventors across most of the typical categories of
copyrightable works.
Yet, whether one considers patentable inventions or
copyrightable works, the vast majority of the very profitable ones
are both originated and controlled by men. This causes a host of
negative consequences for women. They start and run
businesses at much lower rates than men and rarely reach elite
leadership levels in the corporate world or within high-profile
artistic or cultural communities. They are perceived as less
competent, less dedicated, and less hard working, and suffer from
a lack of female mentors and female colleagues. Women are lied
to during financial negotiations more than men and earn less
than men in equivalent positions. Women control only a tiny
portion of the world’s wealth. Though female students
outperform male students in almost every context and at almost every level of education, and even seek postdegree job-related
training in greater numbers than men, this has not helped
women to produce and control patentable inventions or to author
and own valuable copyrighted works in numbers comparable to
men."
Publication Date
Fall 2016
Journal Title
St. John's Law Review
Document Type
Article
Recommended Citation
Ann Bartow, Patent Law, Copyright Law, and the Girl Germs Effect, 90 St. John's L. Rev. 579 (2016).
Included in
Feminist, Gender, and Sexuality Studies Commons, Gender Equity in Education Commons, Intellectual Property Law Commons, Science and Mathematics Education Commons, Technology and Innovation Commons