Gender Inequality in Pharmaceutical Patent Law

9 Pages Posted: 21 Mar 2023 Last revised: 23 May 2023

See all articles by S. Sean Tu

S. Sean Tu

West Virginia University College of Law; Program On Regulation, Therapeutics, And Law (PORTAL), Brigham and Women's Hospital; Georgetown University - The O'Neill Institute for National and Global Health Law

Tess Hardesty

West Virginia University College of Law

Date Written: March 1, 2023

Abstract

A recent study by professors found that women represent only one-third of the top pharmaceutical patent litigators and one-quarter of lawyers who help inventors obtain these valuable pharmaceutical patents. This lack of representation in the pharmaceutical patent field is surprising because women represent the majority of law school students who have natural sciences degrees. Despite conventional wisdom, which alleges that this lack of representation is due to the absence of women within technical fields (the “pipeline” theory), this study rebuts the pipeline theory. Specifically, the study shows that women law students with natural sciences degrees outnumber their male counterparts and yet women are underrepresented when it comes to pharmaceutical patent prosecution and litigation.

Keywords: patent law, pharmaceutical patents, patent litigators, patent attorneys, gender, gender representation, legal education, pipeline theory

JEL Classification: K00, K10, K23

Suggested Citation

Tu, Shine (Sean) and Hardesty, Tess, Gender Inequality in Pharmaceutical Patent Law (March 1, 2023). Landslide, Vol. 15 (2023), WVU College of Law Research Paper No. 2023-007, Available at SSRN: https://ssrn.com/abstract=4392118

Shine (Sean) Tu (Contact Author)

West Virginia University College of Law ( email )

101 Law School Drive
Morgantown, WV West Virginia 26506
United States

HOME PAGE: http://https://www.law.wvu.edu/faculty-staff/faculty/s-sean-tu

Program On Regulation, Therapeutics, And Law (PORTAL), Brigham and Women's Hospital ( email )

1620 Tremont St.
Suite 3012
Boston, MA 02120
United States

HOME PAGE: http://https://www.portalresearch.org/sean-tu.html

Georgetown University - The O'Neill Institute for National and Global Health Law ( email )

600 New Jersey Avenue, NW
Washington, DC 20001
United States

HOME PAGE: http://https://oneill.law.georgetown.edu/experts/s-sean-tu/

Tess Hardesty

West Virginia University College of Law

101 Law School Drive
Morgantown, WV 26506
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
41
Abstract Views
367
PlumX Metrics