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Full-Text Articles in Law
Gender Diversity In The Patent Bar, Saurabh Vishnubhakat
Gender Diversity In The Patent Bar, Saurabh Vishnubhakat
Faculty Scholarship
This article describes the state of gender diversity across technology and geography within the U.S. patent bar. The findings rely on a new gender-matched dataset, the first public dataset of its kind, not only of all attorneys and agents registered to practice before the United States Patent and Trademark Office, but also of attorneys and agents on patents granted by the USPTO. To enable follow-on research, the article describes all data and methodology and offers suggestions for refinement. This study is timely in view of renewed interest about the participation of women in the U.S. innovation ecosystem, notably the provision …
What Patent Attorney Fee Awards Really Look Like, Saurabh Vishnubhakat
What Patent Attorney Fee Awards Really Look Like, Saurabh Vishnubhakat
Faculty Scholarship
This essay gives an empirical account of attorney fee awards over the last decade of patent litigation. Given the current attention in legislative proposals and on the Supreme Court’s docket to more liberal fee shifting as a check on abusive patent litigation, a fuller descriptive understanding of the current regime is of utmost importance to forming sound patent litigation policy. Following a brief overview of judicial experience in patent cases and trends in patent case filing, this study presents analysis of over 200 attorney fee award orders during 2003-2013.
The study confirms the commonsense view that plaintiffs have tended to …
The Growing Public Domain In Medicine, Saurabh Vishnubhakat
The Growing Public Domain In Medicine, Saurabh Vishnubhakat
Faculty Scholarship
This essay describes the growing public domain of inventions associated with drugs and medicine, and geographies associated with identifiable shifts in the balance of innovation that may be especially favorable for promoting wider access to socially useful technologies. To do so, it departs from the largely ex ante perspective that currently informs the intersectional debate regarding human rights and patent rights and, instead, looks backward to inquire what innovations from past patents have already become publicly available in service of the human rights objective of greater access to technology. Ex post analysis of this kind may help public and private …