Meta and JPMorgan Chase GCs: ‘Know your worth’
As the market for talented IP attorneys intensifies, it is vital to reach out to tomorrow’s trailblazers. Marisa Woutersen shares insights from a conference featuring Meta’s Braxton Davis.
Neither Braxton Davis, associate general counsel at Meta nor Rathna Koka, executive director, IP strategy at JPMorgan Chase had any inkling during their student days that one day they would become high-flying attorneys.
In fact, they both fell into their successful IP careers by mere chance. But they argue that while their stories may have happy endings, the next generation of attorneys from minority backgrounds should recount different, more purposeful tales.
Speaking at a WIPR Summit panel, Diversity and inclusion in IP practice held late last month in Chicago, both explored their serendipitous, and unlikely, paths into law.
“It’s important to note that I didn't anticipate my transition into law, because I never saw any attorneys who looked like me growing up, and definitely not any patent attorneys," said Davis.
“I started off as an electrical engineer, and just happened to meet an African American patent attorney at work who guided me and mentored me along the way. Without that, I wouldn’t be here today.”
‘Law school wasn’t on my radar’
A similar twist of fate lay in store for Koka, who recounted her doubts and fears about a career in law at the panel, moderated by Atanu Das, chief diversity, equity and inclusion officer, Intellectual Property Law Association of Chicago.
“Law school was not even remotely on my radar, and I did not even know that I could do law," said Koka. "I was a scientist and my exposure to the IP space was through an inventor's eyes when I began to work with patent attorneys. I found their work really fascinating, and I realised I wanted to do what they're doing. So I explored the idea of getting a law degree myself.”
But she kept it a secret because she didn’t know of any other women from minority backgrounds who had ventured down this route, and was worried that she would be seen “as a fool”.
“The only one who knew couldn't talk, and that was my three-year-old. So he would go to law school with me," she said, laughing.
“I'm sure there are many who are in the same boat: they don't know that science can lead to other areas such as law.”
Davis believes that it is vital that the next generation of potential attorneys have more information about the opportunities available, and what value they could bring.
“Know your worth, know your leverage, and don't be afraid to use it. It took me a long time to get to that point in my career and I don't want others to have to wait that long,” he urged.
Practical steps for the future
The conversation turned to practical strategies for advancing the professional development of diverse individuals within the IP profession.
Davis highlighted the impact of initiatives such as the National Council on Patent Practicum’s Patent Pipeline Programme and the Certified Patent Practitioner credential in nurturing talent and providing opportunities for underrepresented groups to excel.
The Patent Pipeline Programme is a programme that aims to increase the number of women and minorities within the patent profession, while continuing to build relationships with partner firms that have prioritised diversity efforts.
The panellists praised the credential as a game-changer in addressing skill gaps within the profession and promoting diversity in patent practice.
The Certified Patent Practitioner credential specifically targets individuals with engineering and science backgrounds looking to enter the legal profession as patent practitioners. It aims to showcase individuals who have the practical aptitude for drafting and prosecuting patent applications while aligning with the US Patent and Trademark Office's quality initiatives for examiners.
Levelling the playing field
Davis underscored the role of these initiatives in levelling the playing field and empowering individuals from diverse backgrounds to succeed.
The panellists also discussed the importance of return programs in supporting individuals who have taken career breaks, particularly women re-entering the workforce after family responsibilities.
Koka advocated the value of retraining and retooling programs in allowing individuals to regain their footing in the profession and to contribute their unique perspectives to diverse teams.
Das highlighted the role of minority-owned firms in promoting equitable distribution of work and fostering professional development among their attorneys.
He underscored the importance of investing in training and creating an inclusive atmosphere to support the advancement of diverse talent within the legal profession.
Relatability leads to validation
While there is a need for greater diversity within IP teams, this is also the case for inventors who need role models to relate to.
According to Davis, when inventors see someone that looks like them inventing, then it inspires and encourages them.
Koka agreed, adding that when inventors feel like they are working with people who “look like them and talk like them”, they feel a sense of “validation”.
She highlighted the underrepresentation of minorities, particularly women, in patent applications, pointing out that only a quarter of all applications are submitted by women.
"Throughout the ages, if you look at people, race or gender, or how they look, how they talk for example, it hasn't been a barrier to innovating or becoming an inventor or inventing," said Koka.
“Something is getting missed along the way.”
Both called for concerted efforts to engage underrepresented groups and remove barriers to participation in the innovation process.
Bridging the gap
Das spoke about his own Indian heritage and shared his experience of bridging cultural divides within inventor teams when working with an Indian firm, emphasising the positive impact of diversity on the innovation process.
He highlighted the role of outside counsel in encouraging inventors and providing guidance on the patenting process, and contributing to the development of diverse innovation teams.
“It's important that as outside counsel, we try to bridge that gap of hesitancy or ignorance about the patent process, educate and encourage them, so that the process of fostering diverse innovation teams can be improved,” said Das.
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