Saurabh M. Vishnubhakat

Postdoctoral Associate


Saurabh Vishnubhakat is a postdoctoral associate at the Center for Innovation Policy and the Duke Institute for Genome Sciences & Policy.  He specializes in intellectual property law, civil procedure, and litigation, particularly from an empirical perspective.  He is also an expert legal advisor in the USPTO's Office of Chief Economist, where he has served since 2010 on a wide range of economic and legal policy issues including ownership and transparency in the markets for technology, patent and competition law implications of standard-setting, and the patent system's role for fostering innovation in emerging technology sectors.

Articles and Briefs

Ex Post Patent Review: An Empirical Assessment (in progress) (with David Schwartz & Alan Marco).

An Intentional Tort Theory of Patents 68 Florida Law Review (forthcoming).

The Mouse That Trolled, 2 Journal of Law and the Biosciences (forthcoming) (with Tania Bubela & Robert Cook-Deegan).

When Biopharma Meets Software: Bioinformatics at the Patent Office (under submission) (with Arti Rai & Bhaven Sampat)

What’s It Worth to Keep a Secret?, 13 Duke Law & Technology Review (forthcoming 2015) (with Nicola Searle & Gavin Reid).

  • Analyzes trade secret prosecutions under the 1996 Economic Espionage Act, revealing discrepancies between valuation and sentencing and finding under-utilization of the EEA.

Expired Patents, 64 Catholic University Law Review (forthcoming 2015).

Brief of Professor Saurabh Vishnubhakat as Amicus Curiae in Support of Respondent, Commil USA, LLC v. Cisco Systems, Inc., No. 13–896 (Sup. Ct., Feb. 26, 2015)‚Äč.

Gender Diversity in the Patent Bar, 14 John Marshall Review of Intellectual Property Law 67–90 (2014).

Cognitive Economy and the Trespass Fallacy: A Response to Professor Mossoff, 65 Florida Law Review Forum 38–41 (2014).

The Growing Public Domain in Medicine, 15 Columbia Science and Technology Law Review 293–322 (2014).

What Patent Attorney Fee Awards Really Look Like, 63 Duke Law Journal Online 15–30 (2014).

Certain Patents, 16 Yale Journal of Law and Technology 103–145 (2013) (with Alan Marco).

Of Smart Phone Wars and Software Patents, 27 Journal of Economic Perspectives 67–86 (2013) (with Stuart Graham).

Pre-Service Removal in the Forum Defendant’s Arsenal, 47 Gonzaga Law Review 147–163 (2011).

Reconceiving the Patent Rocket Docket, 11 John Marshall Review of Intellectual Property Law 58–82 (2011).