Groups whose identities are not immediately apparent include people who are part of the LGBTQ+ community, neurodivergent individuals, First Generation and/or Limited Income (FIGLI) backgrounds, veterans, those with physical disabilities that are not readily apparent, and religious identities. Members of an invisible underrepresented group are in the unique situation of having to decide whether to take the risk of self-reporting their identity.
The burden of self-reporting can negatively impact on people’s mental health and may prevent them from giving their best performance at work. Members of these groups may risk being ostracised, encounter microaggressions and fear for their job security when they self-report. However, when people do not feel at ease sharing their full authentic selves, they are unlikely to bring their best to their workplace.
Creating a supportive and open culture
Creating an environment where members of invisible, as well as visible, underrepresented groups can work without fear of negative consequences presents some unique challenges. Organisations often get caught up in metrics when looking at diversity. This can result in too much focus on clearly visible demographics and statistics, such as gender diversity and racial diversity; these measurements are a relatively easy way of measuring diversity and those demographics are clearly visible to clients. On the flip side, clients typically have little insight into how their IP firm is supporting members of self-reporting underrepresented groups.
IP firm leaders must think beyond the metrics and seek to create an environment where people feel comfortable identifying themselves as a member of an invisible diverse group. Beyond making a positive outward statement, DEIA initiatives can benefit organisations through greater diversity of thought, improved profitability, more creative problem solving, stronger talent acquisition, higher employee retention and engagement, and enhanced reputation.
Two of the most significant challenges facing managing partners in law firms are attracting talent and building loyalty/retaining talent. Creating an environment where associates, trainees and general staff feel supported and feel safe being their fully authentic self helps to attract talent and builds loyalty. Clients may not have full insight as to whether their outside counsel is supporting all members of underrepresented groups, they will be able to assess stability among the attorneys and staff they are working with. We know that significant turnover in the associates can engender a lack of confidence in clients! Innovators and businesses will be given a better work product if the attorneys are fully engaged and giving their best to the job.
Supporting all forms of diversity
IP firms can foster an open environment by intentionally creating a culture that supports all forms of diversity. For example, organisations can offer support through financial support and by encouraging attorneys and staff to become involved with activities that support diversity. Perhaps also allowing them to use some paid work time to be involved with these activities.
Within the law firm itself, people who come from diverse backgrounds, especially from an invisible underrepresented group, often struggle with imposter syndrome. Because their backstory is not like everyone else’s, they may feel as though they do not belong or are not as good at their job.
For example:
- If they have a FIGLI background (First Generation and/or Limited Income), they may feel like an imposter when their counterparts from university-educated and middle- or upper- economic tier households more confidently and comfortably respond to social cues during interactions with peers and supervisors.
- If they are a veteran, they may not have followed the traditional career path and do not have typical university-to-career life experiences.
- A member of the LGBTQ+ community may feel as though they do not fully belong at professional social functions if they are not confident bringing or talking about their same-sex partner.
In addition to supporting diversity-related activities, IP firms can support new associates or trainees who are struggling with imposter syndrome by providing mentors who support them as they become part of the organisational culture. Having an experienced hand who believes in a new joiner can lead to their success. Conversely, the lack of a mentor can result in that same intelligent and qualified person failing and not building bonds with coworkers.
IP firms and the senior attorneys need to create opportunities to hear the voices of new joiners and trainees from all groups and support them in being themselves within the firm, whilst not making them feel as though they need to conform to a certain “mould”. Firm leaders need to understand how the life experiences of new attorneys have shaped them and should provide a supportive environment where members of an invisible diverse class can feel comfortable and safe. Having a truly diverse culture in an IP firm helps to build a better business and can strengthen relationships with clients.
FICPI’s view
FICPI uniquely combines education and advocacy on topics around patents and trade marks, with a focus on developing the professional excellence of its individual members. FICPI Forums, Congress, committees and meetings are opportunities to gather insights from the international IP attorney community on any issue, whether it be practice-related or topics of patent and trade mark law. Our organisation strives for equality and diversity of representation and encourages members to do likewise.
Next steps
- This blog is published today (27 March 2026) as part of our collection marking International Women's Day 2026 and Gender Equality Month 2026.
- Our Gender Equality Month collection is led by our DEIA committee, If you are interested in getting involved with its work, contact President Sharon Crane on [email protected] or click to find out more.
- Explore the FICPI Study and Work Groups and get more involved with FICPI's work in driving change in IP laws and developments