Q&A: Meta and Microsoft GCs on LOT's D&I project

IP executives from Microsoft and Meta, along with LOT Network’s CEO, explain their aims behind a new initiative aimed at tackling diversity, equity, and inclusion (DEI) issues in the IP industry.

A new initiative aimed at tackling diversity, equity, and inclusion (DEI) issues in the IP industry was launched recently by LOT Network, a non-profit which works to counter litigation by non-practising entities or so-called ‘patent trolls’.

ADAPT (Advancing Diversity Across Patent Teams) was formed in partnership with LOT Network members Amazon, Cruise, The Walt Disney Company, Google, Meta, and Microsoft.

Ahead of the project’s official launch in September, WIPR takes a deep-dive into the initiative with LOT members Judy Yee, assistant general counsel in Microsoft’s IP Group; Micheal Binns, global head of patent portfolio strategy for Meta’s family of apps and an associate general counsel on the patent, licensing, and open source team at Meta; and Ken Seddon, CEO of LOT Network.

Why was there a need for this initiative?

Judy Yee: To practice before the United States Patent and Trademark Office (USPTO), you must qualify to take the Patent Bar Exam, which requires an applicant to have a technical undergraduate degree or sufficient coursework (~40 credit hours).

I went to law school at night while working as an engineer. I did not go with the intent of becoming an attorney, much less a patent attorney. I went to make friends. I did not know about the requirements to be a patent attorney (and that I had them) or what a career in IP would entail. I stumbled upon it and I’m grateful that I did.

Personally, I want to help others along their career journeys. To do this, we need to build, reinforce and educate all stages of the STEM pipeline—through sharing information about careers in IP as well as expanding opportunities for college and law school students.

There are a lot of different companies, law firms and non-profits engaged in great DEI efforts. The ADAPT initiative aims to share these efforts in a way that makes DEI accessible and scalable regardless of size or industry. We want to magnify the efforts to accelerate adoption and increase diversity in the Patent Bar.

Micheal Binns: It is no surprise that the practice of law is one of the least diverse professions. Sadly, the diversity numbers within the patent profession paint a far bleaker picture.

For example, the American Bar Association reported that only 5% of attorneys in the US are Black, but only 1.7% of Black professionals practice intellectual property law according to a survey by the American Intellectual Property Law Association [both figures from 2020].

Women are also missing from the practice. Sadly, there are more ‘Mikes’  admitted to the patent bar than there are racially diverse women. While I love my name, this is an upsetting statistic.

Ken Seddon: Google, Meta, Disney, Microsoft, Cruise, and Amazon have done extensive research on the pipeline issue. More importantly, they have come up with best-in-class tools and solutions for solving the pipeline issue.

These thought leaders realise that not every company is as well resourced, so ADAPT was formed to inventory all solutions that have been done, and then scaled solutions to offer something for every IP department regardless of their size or industry.

LOT has more than 2,300 members from all industries across the globe. We are glad to serve as the platform to help disseminate and amplify the efforts of ADAPT so that all may benefit from this work.

How did you get the project off the ground?

Judy Yee: ADAPT was born out of friendship—a group of cross-company friends that are passionate about increasing diversity in the Patent Bar—and we partnered with LOT to bring ADAPT to life.

Micheal Binns: The patent profession is a tight-knit community and as you can imagine, most of us know each other. A small group of friends across a number of companies who are all passionate about DEI decided we could unite our efforts to tackle increasing diversity in the Patent Bar—and partnered with LOT Network to bring ADAPT to life.

Ken Seddon: All of the thought leaders of ADAPT are also long-standing members of LOT Network. So not only are they working together to solve the PAE issue [patent assertion entities, or ‘patent trolls’], but now expanding their collaboration to solve the lack of diversity in our industry as well.

What are the benefits of joining ADAPT?

Judy Yee: ADAPT’s core mission includes three pillars:

(1) Accessibility: provide a database of how-to guides on running DEI programmes and a directory of volunteer and sponsorship activities for DEI organisations to accelerate adoption of DEI programmes.

(2) Mentorship: provide a mentorship programme to support diverse patent professionals through law school and in the early stages of their career.

(3) Technology: share industry DEI statistics. According to a USPTO study, only 22% of registered patent attorneys and agents are women; 6.5% of registered patent attorneys and agents are racially diverse; and 1.7% of registered patent attorneys and agents are racially diverse women.

ADAPT welcomes participation from individuals, companies and law firms of all sizes and in any part of their DEI journey to share their DEI experience, contribute to others’ programmes or build their own.

Micheal Binns: If we can provide opportunities for companies to get involved with minimal barriers to entry, we believe we can achieve better parity and diversity of thought within our profession, which naturally leads to a more fulfilling career.

Which other areas of IP will you prioritise expanding the project to, and why?

Judy Yee: At the moment, we are focused on patent professionals but we aspire to expand to other areas of IP in the future. Ideally, ADAPT’s platform will be the starting point for a company looking to improve on DEI programming, as well as diverse candidates looking to have a career in IP.

Micheal Binns: ADAPT’s platform is for companies looking to expand their DEI efforts and programming, so we hope this will naturally reach the broader IP field through this avenue as well.

How do you hope ADAPT will progress?

Judy Yee: ADAPT resources will be available for anyone to use them, and we hope that those using them will share their experience.

We also are looking for companies of all sizes and across industries to share their DEI programmes by contributing to the database of how-to guides. We aim to create a community of companies who support each other and regularly discuss and innovate on diversity programmes, including tracking success and impact over time.

Micheal Binns: In addition to potentially expanding into other areas of intellectual property, we hope that we can increase the number of companies and organisations pledging to get involved with DEI programmes and initiatives that will create a profession that matches with the broader legal landscape and our communities.

We also want to learn from other companies who will add and share new and creative ways to address ADAPT’s mission.