Diversity, equity, and inclusion matter in every profession, but in intellectual property, it's an innovation imperative that directly impacts our ability to serve clients and drive creative solutions.
Beyond a tick box mentality
For too long, DEI has been treated as a reporting exercise - firms publish glossy policies without implementing change.
As a full-time working mother, I've experienced why genuine DEI matters: from needing flexibility when my child's nursery closed to requiring support during a health issue.
Despite society's claims of being forward-thinking, workplace discrimination persists. I see friends held back at their workplaces by their ethnicity or sexual orientation. In 2025 this is unacceptable.
The innovation imperative
A recent report by business management consultancy McKinsey on diversity demonstrates that diverse companies outperform others both holistically and financially. This isn't surprising - innovation thrives on diverse perspectives, and IP is fundamentally about novel ideas and creative solutions.
When trademark specialists, patent attorneys and IP strategists come from different backgrounds, they bring unique insights that spot potential conflicts in global markets, identify different prior art, understand cultural nuances in brand protection, and anticipate how different demographics interact with new technologies.
Currently, this represents a competitive advantage, though it should be the norm.
The rise of artificial intelligence amplifies these concerns.
Algorithms reflect the biases in their training data. For example, when I prompt for an image of "a person doing [an action]”, I receive pictures of white males, unless I specify otherwise. As AI outputs become integrated into legal systems, we must educate users about these biases and ensure diverse perspectives shape the technology we rely upon.
Reflecting the innovation economy
Today's innovation economy spans FinTech startups founded by recent graduates to biotech companies led by immigrant entrepreneurs. Yet the IP profession has historically struggled to reflect this diversity, particularly at senior levels.
This disconnect creates risks. Clients increasingly expect demonstrable DEI commitment. How can we effectively advise on protecting innovations in emerging markets without cultural competency? How can we develop comprehensive IP strategies for diverse consumer bases if we have narrow perspectives?
I work at Mishcon de Reya, where social conscience isn't just rhetoric. We may not always get it right, but we hold ourselves accountable, learn and adapt. Our recent Annual Review reiterated our DEI commitments with ambitious targets to maintain.
We're recognised as one of the UK’s Top 10 Employers for Working Families, with support for parental leave (we have had two fathers in IP take parental leave this year), returner programmes, and flexible working.
The Mishcon Academy, our in-house learning hub, provides a space to explore and share knowledge with colleagues and external experts. Through the Academy, we can attend sessions on topics such as neurodiversity, disability and fertility, as well as 'New Thinking' talks and 'In conversation' events, which tackle some of the biggest issues facing society, bringing a wide range of perspectives to the conversation.
Our IP team is a signatory to IP Inclusive's EDI Charter, with three women participating in Women in IP focus groups on early careers, mentoring and career guidance. We run 'Careers in IP' events with UCL's Institute of Brand and Innovation Law, and, since 2020, we've employed solicitor apprentices who work on client matters and our Brand Matters publication.
Building tomorrow's leaders
DEI initiatives are essential for developing the next generation of IP leaders.
Young lawyers from diverse backgrounds bring fresh perspectives on emerging technologies, changing consumer behaviours, and evolving business models in ways that inform more effective IP strategies.
However, challenges remain. Women and ethnic minorities have lower STEM uptake throughout education, and, even as PhD numbers increase, only 16.2% of inventors listed in Patent Cooperation Treaty applications in 2023 were women.
Mishcon de Reya tries to address this through multiple initiatives. For example, we work with The Sutton Trust on social mobility, running work experience programmes for young people from disadvantaged backgrounds. Our early careers team leads graduate and race equity events, supported by our Pride and M:BRACE networks and our DEI team. Together, they deliver mentoring programmes, open days, and other initiatives that promote inclusion and equity across the firm.
The path forward
We must continue to translate our inclusive policies into long-term retention and leadership outcomes, and ensure the brightest minds remain in the profession and reach their full potential.
Building diverse teams and inclusive cultures isn't just morally right; it positions us to deliver better client outcomes, attract talent, and lead the profession toward a more innovative future.
Ultimately, everyone deserves to be judged on their ability, not their appearance, background, or who they love.
The future of innovation requires embracing DEI as a strategic imperative, or you risk being left behind.
