Do you know who paved the way for your smartphone? It was a woman from the 1940s. Hollywood actor and inventor Hedy Lamarr became the first person to lay down the foundation for Bluetooth, GPS, and Wi-Fi. Her frequency-hopping technology was originally intended to prevent enemy interception of radio-guided torpedoes during World War II. Today, it has revolutionised the way we communicate and consume technology. Yet, Lamarr could not obtain a patent for her pathbreaking invention, and until recently, wasn’t even given due credit.
Eighty years down the line, women across the world and in India still face significant challenges in procuring Intellectual Property (IP) rights. Whether it is patents for inventors, trademarks for entrepreneurs, or copyrights for creative artists, women remain underrepresented in the IP landscape. Although IP rights are vital to driving innovation and creativity, there is a vast gender gap.
An article authored by G&W Legal states, ‘While there has been an increase in the number of female inventors in international patent applicants – wherein India featured in the top 10 origins of Patent Cooperation Treaty female inventors in 2021 - the share of female inventors in India in 2019-21 was merely 10.2 per cent. Accordingly, although there is now a considerable number of female entrepreneurs in India, a very small percentage of them come forward to seek protection for patents.’
They added, ‘The National Intellectual Property Rights Policy was adopted in India in 2016 to provide guidance for the development of IP rights in India. One of the stated objectives of the policy includes human capital development, which is to be achieved by, among other things, ‘encouraging and supporting capacity building among Women Creators, Innovators, Entrepreneurs, Practitioners, Teachers and Trainers’.’
As of 2025, the number of women inventors in India is burgeoning. Yet, they account for less than 20 per cent of all patent applications, and are listed in just about 12-15 per cent of applications. Although women entrepreneurs are also on the rise, trademark filings remain abysmally low – only 20 per cent of the WIPO trademark applications in India were made by women. You’re more likely to find women in creative fields applying for copyrights (around 38.5 per cent in 2020), but even here, there is scope for improvement in terms of adequate protection afforded by copyright laws.
So how can we ensure that women don’t lag behind in safeguarding their IP rights?
Awareness And Literacy
Many women believe that recognition is enough, and that their products or innovations will be synonymous with them in the long run. In the semi-urban and rural areas, women are particularly unaware of the importance of protecting their IP rights. This is compounded by the lack of support services and knowledge. Regular outreach programmes on women’s need to safeguard their resources are of extreme importance. Accessibility and ease of application and approval also need to be improved.
Access To Funding
Access to adequate finance can be a major barrier for women entrepreneurs and inventors. Investing in branding, R&D, and scaling up may not be a priority or even a possibility for them. In such cases, women choose to leave their innovations undocumented and unprotected. This also has adverse effects on the economy, since women’s limited participation results in lower GDP and overall productivity. Easy access to loans, scholarships, and seed funding can mitigate this challenge.
Negating Gender Bias
Authorship and ownership remain challenges in women’s journey to innovation. They are overlooked in listings, taking a backseat and allowing others to take credit for their work. This isn’t a new occurrence. Zelda Fitzgerald allowed her husband, Scott Fitzgerald, to appropriate her writing for his books, including ‘The Great Gatsby’, simply because publishers believed his name would sell more than hers. Gender bias in recognising IP rights can stunt recognition, career advancement, and even financial rewards, leading to greater economic disparity. By ensuring that women get past it, we can ensure a more equitable workforce, with women taking credit for their innovations.
Organisational Support
For women to receive their IP rights and thrive professionally, the Government has been taking a few steps. Organisations like the NITI Aayog’s Women Entrepreneurship Platform (WEP) provide mentorship, networking, and support for women, including filing IP rights. There are also various initiatives for STEM education for girls, with the sole aim of promoting innovations and inventions among women eventually. Women should play pivotal roles in research projects, collaboration, and academia to ensure visibility and also guide and mentor other girls and women. Technical and financial support for women entrepreneurs, along with subsidies and legal assistance through incubators can also help. In addition, organisations must implement guidelines to ensure that there is fair credit and ownership attributed, and that women’s contributions are recognised legally.
Addressing the gender gap in IT rights is important if we want to focus on national progress, innovation, and inclusive development. Ironically, G&W Legal states, ‘While the need to actively increase access to and participation of women in the IP system continues to exist, over the years IP law in itself has come to be recognised as one of the more female-dominated fields of law. The number of woman-led IP law firms and leading female IP practitioners is seeing phenomenal growth each year. India enjoys the benefit of a significant number of female IP practitioners, many of whom also opt to donate their time as mentors to women, helping and guiding them in their journey as entrepreneurs or IP practitioners.’