Joining Forces With Meta to Diversify Patent Law

As a Black man, pursuing a career in patent law wasn’t an obvious choice. Being one of the only areas of law that requires a science or engineering degree, it’s likely that most of us minority patent attorneys are the first in our families.

Without the luxury of a lineage of family attorneys encouraging us to pursue STEM degrees in order to become a patent prosecutor, it’s no surprise that the industry is significantly lacking in terms of diversity. It’s the same among the inventors we serve: today, only 12% of all U.S. patent inventors identify as female, and only a half a percent of U.S.-born innovators are African American.

My first patent mentor once explained it to me this way: “Think about the number of minorities that obtain an engineering degree. Then think about the number of those minorities that pass the patent bar. Then think about the number of them that go on to law school. And then think about the number of them that graduate and pass at least one state bar. What you have is only a handful of minorities that are even qualified to be patent prosecution attorneys.”

That’s why I founded the National Council on Patent Practicum (NCPP), a nonprofit that offers scholarships and programs to address the systemic lack of training, funding, and mentorship that prevents diverse candidates from pursuing this line of work. But the opportunity to take these programs in-house and partner with a tech powerhouse like Meta (formerly known as Facebook), makes moving the needle more attainable than ever.

A Perfect Match

When I was introduced to Meta in early 2021, it was supposed to be temporary. I was hired as a patent attorney on a contract basis to fill some PTO gaps. But when my colleagues and Jeremiah Chan (director and associate general counsel, head of patents, licensing, and open source at Meta), learned about my passion project, it became clear how committed the company is to inclusivity.

Not only was I offered a full-time position, but we soon partnered on what is now called the Patent Pipeline Program (PPP). The goal is to provide diverse members of the STEM community with a unique opportunity to add a layer of legal knowledge to their scientific and engineering skill sets so they’re well-positioned to enter the field of patent law.

The PPP candidates are typically undergraduates that are nearing graduation, have graduated already, or individuals working as engineers/scientists currently. Although the program has worked with law students in the past, they are typically not able to apply for the PPP because they do not have the bandwidth to work full-time as PPP candidates do.

How PPP Works

PPP provides training, development, and networking opportunities for diverse (women and/or racial minorities) candidates over a six-month period. During the first phase, candidates participate in NCPP’s renowned hands-on patent training, where candidates learn the fundamentals of patent law. Then, participating law firms bring in candidates as technical specialists, where they learn the raw mechanics by working on real client matters.

Next, they join us at Meta, getting a behind-the-scenes look at in-house work and an understanding of how business objectives inform patent strategy. Candidates finish the program back at the law firm, where they’ll be positioned to receive full-time offers.

Our Journey

Following the program’s official launch in June 2021, the first cohort of PPP scholars is about to start the fourth phase of the program—where they will transition from working at Meta back to their respective law firms. They’ve successfully completed NCPP’s intense curriculum covering patent law, prosecution strategy, and hands-on patent drafting assignments. Previously, they finished up their second phase of the program where they trained with private practice attorneys to analyze inventions, draft work product, and counsel clients.

But even before the program concludes, several of the candidates have already told me how they benefited from participation. The ability to receive free training and development, use their technical skills, and work for both a reputable law firm and Meta, makes the daunting task of passing the patent bar, applying to law school, and passing a state bar seem feasible without incurring the student loan debt.

One of the candidates said it best. Priya Jagadish, a current PPP participant, said: “Prior to joining the Patent Pipeline Program, I was very unfamiliar with how engineers could utilize their backgrounds to become attorneys. I feel extremely fortunate to have found the program and the mentors to guide me through this career.”

Building for a Better Future

This program demystifies the path to a career in the patent field for diverse candidates by addressing some of the industry’s foundational problems with recruitment. For example, due to the cost of training, many law firms in the patent profession would rather hire someone experienced than a new patent recruit without any training or real-world experience.

Consequently, many diverse candidates find themselves encountering a catch-22, where law firms require new hires to have patent experience, even though the main place to obtain patent experience is on the job at a law firm. PPP gives candidates that lucky break by providing the experience most law firms have come to expect, and with the resources and reputation of Meta behind it.

Representation matters, and when underrepresented innovators see patent practitioners who look like them, it will improve equity and access to a system that has historically left them behind.

This article does not necessarily reflect the opinion of The Bureau of National Affairs, Inc., the publisher of Bloomberg Law and Bloomberg Tax, or its owners.

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Braxton K. Davis is an associate general counsel covering patents at Meta and executive director of the National Council on Patent Practicum Inc. (NCPP).