How businesses can help Black innovators get the credit they’re due

January 24, 2025

How businesses can help Black innovators get the credit they're due

The work produced by Black innovators have too often been overlooked or misrepresented in mainstream narratives. Here's what businesses can do to help Black innovators protect their work.

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This Black History Month, the national theme focuses on the various and profound ways that work intersects with the collective experiences of Black people. Work, and work struggles, are an essential part of the African American experience. The labor and innovations of Black people-from unpaid and involuntary, to salaried, professional and entrepreneurial-are foundational to the world as we know it.

While exact figures vary, it's estimated that Black labor contributes hundreds of billions of dollars annually to the US economy. Black-owned businesses alone contribute over $200 billion per year, and, according to McKinsey, the financial strength of Black and African American communities is projected to reach $1.7 trillion by 2030. Additionally, Black workers make up about 13% of the labor force, which translates to a substantial economic impact. This substantial economic activity helps fuel the overall GDP growth by increasing consumer spending, creating jobs and fostering economic diversity.

However, whether intentionally or unintentionally, the work and innovations produced by Black people have too often been overlooked or misrepresented in mainstream narratives. In the 1960s, Blues music, originated by Black musicians in the American South, became well-known only when white musicians popularized it. Just a couple of years ago, dance moves performed by Black women on social media went viral only after white influencers copied and broadcast the moves.

This trend is exacerbated by the historic difficulty of Black inventors to protect their intellectual property (IP) by securing a patent-an issue that's existed ever since copyright laws were instituted in the US, whether due to financial barriers, lack of access to legal resources or awareness of how to pursue them.

According to the American Bar Association, wide disparities exist today between the number of US patents issued to inventors of color and the total number of patents issued. While the US Patent and Trademark Office does not collect demographic data about patentees, the ABA cites a 2016 study showing that Black Americans apply for patents at nearly half the rate that white Americans do.

Protecting Black inventors' work

The threat of misrepresented IP is even more real with the encroachment of artificial intelligence into the business world and society itself. Generative AI-driven large language models pull from a body of work produced by a wide range of professionals, including artists, programmers, writers, musicians and more without always crediting them for it. While AI vendors and businesses that use the technology are working to avoid blatant IP theft, for the Black community, these new models shed a new spotlight on an age-old problem.

Businesses are uniquely positioned to ensure this pattern of IP misrepresentation doesn't continue. By raising awareness about the challenges Black innovators face in being properly credited for their inventions and work outputs, businesses can foster a broader understanding and appreciation of diverse cultures both inside and outside the workplace.

Crediting black innovation

Here are three actions businesses can take to reverse this historical trend:

1. Raise awareness of the issue
   
   Whether through formal channels or word of mouth, business leaders can elevate people's awareness to Black innovation-and the importance of protecting the ideas that are produced. There are plenty of examples and anecdotes to learn from.
   
   The founder of Hairbrella, for instance, turned her idea for protecting her own hair from the rain into a multi-million-dollar company. A law student at the time, she says she knew the importance of protecting the investment she was making into her efforts early on. A key component of her success, she says, was not only producing a viable prototype but also asking for help with the arduous-and costly-patent process.
   
   Other Black innovators are not as aware of what goes into the patent process or have the knowledge or legal and monetary resources to pursue one. On social media, for instance, the Black woman who originated the phrase "very demure … very mindful" that caught fire this past summer never thought to trademark the trend she started. Instead, someone else did. The final outcome is thus far undetermined-but it shows how easy it can be to interrupt someone's ability to monetize their own invention or at least create a legal battle over it.
   
   
2. Encourage allies to promote the originators of good ideas
   
   Allies can play an essential role in ensuring Black colleagues receive credit for their ideas and work outputs. There are many types of allies. But it's amplifiers who can play a key role in ensuring underrepresented voices are heard and respected.
   
   Amplifiers make sure that when an idea is proposed or a work goal has been achieved, the originator of that idea or the person who achieved the goal is given credit. For instance, they can repeat the idea or point out the achievement and name the person responsible. Or, if someone repeats an idea that an underrepresented individual has previously proposed but without giving them credit, they can point out that the idea is very similar to what has been previously been said and indicate their own support for the idea.
   
   
3. Provide education on the process of IP protection through affinity groups
   
   Today more than ever, it is essential for the Black community to understand and embrace the legal mechanisms for protecting ownership of their creative and work contributions. Too often, it's simply a lack of knowledge about the process that leads to a lack of safeguards. This makes IP protection a vital topic for affinity groups to discuss.
   
   Affinity group leaders might consider bringing in experts to speak on the topic of what the patent or trademark process entails, what funding is available and when is the right time to pursue them. Affinity group members would also learn a lot from the experiences of business entrepreneurs. Additionally, the US Patent and Trademark Office provides detailed information on its website that could be a topic of discussion.

The importance of companies supporting innovation and having a clear policy toward inclusion-specifically for inventors of color-cannot be overstated. Such policies can help level the playing field. When more people understand the historical challenges Black inventors and professionals have faced in receiving proper credit for their ideas and work, there will be greater support for ensuring that inventors from all backgrounds receive the legal resources and funding they need.

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