Who Gets to Invent? Kathi Vidal on Power, Patents, and the Future of Innovation
When we talk about who holds power in America, we tend to look to the halls of Congress or the boardrooms of big companies. But there’s another arena where power quietly takes shape: the patent system
When we talk about who holds power in America, we tend to look to the halls of Congress or the boardrooms of big companies. But there’s another arena where power quietly takes shape: the patent system.
It’s a system that decides not only who profits from new ideas—but which ideas ever make it off the drawing board at all.
And right now, that system is leaving far too many people out.
On this episode of the Scientista Podcast, we sit down with Kathi Vidal, former Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office, to talk about the uncomfortable reality behind America’s innovation economy. Just 12 to 13 percent of U.S. patents are held by women. The numbers for people of color are even lower. And globally, the statistics tell a similar story.
“It’s not that women or underrepresented groups aren’t innovating,” Vidal explains. “It’s that the system wasn’t built with them in mind.”
Vidal, an engineer-turned-lawyer, has spent her career working at the intersection of science, business, and policy. As the head of the USPTO, she oversaw an agency of 14,000 employees and a $4 billion budget, all aimed at protecting intellectual property—and, in theory, fueling innovation. But as she describes in this conversation, that mission remains incomplete when entire communities are excluded from the process.
We talk about why intellectual property is so central to the global balance of power—especially in the escalating U.S.-China rivalry—and how countries are racing not only to control supply chains but to shape the future of artificial intelligence. We also get candid about the barriers still baked into the patent system, the real-world impact of government hiring freezes, and the small but powerful interventions—like a simple welcome letter to first-time patent applicants—that can start to change the culture of exclusion.
But beyond the policy debates and global competition, Vidal’s message is ultimately about possibility. Possibility that depends on who gets to invent—and who gets left behind.
As always, this conversation is also about resilience. Vidal shares her own story of setbacks, bad reviews, and learning to find grace in moments that don’t go as planned. It’s a reminder that the path to leadership—in science, in business, or in government—is rarely straightforward. But the future of innovation depends on making that path wider.
Listen to the full conversation on the Scientista Podcast here.