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 Essays

An Intentional Tort Theory of Patents (job market paper).

  • Challenges the strict liability view of direct infringement in patent law, proposing a doctrine of intentional tort and discussing its benefits for patent notice and litigation.

The Rise of Bioinformatics Examination in the Patent Office (with Arti Rai & Bhaven Sampat) (in progress).

  • Documents the creation of a USPTO art unit to review bioinformatics patent applications, drawing empirical comparisons to a preexisting art unit for software informatics.

What’s It Worth to Keep a Secret? (with Nicola Searle & Gavin Reid) (under submission).

  • 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).

Gender Diversity in the Patent Bar, 14 John Marshall Review of Intellectual Property Law (forthcoming 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).