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Intellectual Property

Feature Story

Patent Pending?

An expanded system of administrative post-grant patent challenges ushered in by the America Invents Act has both been praised for making the resolution of patent disputes more efficient and less costly than traditional federal court challenges, and criticized for introducing a new level of uncertainty regarding patent validity. It has emerged as one of the hottest topics in intellectual property law.

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News Highlights
Patent Trial and Appeal Board Roundtable

Center for Innovation Policy logoThe Center for Innovation Policy hosted the roundtable, The Patent Trial and Appeal Board's (PTAB) post-grant review proceedings: a review of the evidence. The discussion examined questions such as who is using the PTAB proceedings (both IPRs and CBMs); against whom these proceedings are being brought; grounds for petitions; and how petitions are faring.

Watch the roundtable discussions

 
Faculty
  • Arti K. Rai portrait
    Elvin R. Latty Professor of Law

    Arti Rai, Elvin R. Latty Professor of Law and co-Director, Duke Law Center for Innovation Policy, is an internationally recognized expert in intellectual property (IP) law, administrative law, and health policy. Rai has also taught at Harvard, Yale, and the University of Pennsylvania law schools.  Her research on IP law and policy in biotechnology, pharmaceuticals, and software has been funded by NIH, the Kauffman Foundation, and the Woodrow Wilson Center. She has published over 50 articles, essays, and book chapters on IP law, administrative law, and health policy.

Video
  • Admin Law 2016: Intellectual Property Exceptionalism | CBA at the PTO; Closing Remarks

    The Duke Law Journal hosted their 46th Annual Administrative Law Symposium on February 12, 2016. Experts from a range of disciplines discussed "Intellectual Property Exceptionalism in Administrative Law." The symposium assessed the impact and desirability of the U.S. Patent and Trademark Office's growing authority over intellectual property. Sponsored by Duke Law Journal. Session 3: CBA at the PTO Conference titled: Intellectual Property Exceptionalism in Administrative Law Presenter: Jonathan S. Masur (University of Chicago School of Law); discussant: Rochelle Cooper Dreyfuss (New York University School of Law) Closing Remarks: James D. Smith '86 (former PTAB Chief Judge) Recorded on February 12, 2016

  • Admin Law 2016: Intellectual Property Exceptionalism | PTO & Chevron Deference

    The Duke Law Journal hosted their 46th Annual Administrative Law Symposium on February 12, 2016. Experts from a range of disciplines discussed "Intellectual Property Exceptionalism in Administrative Law." The symposium assessed the impact and desirability of the U.S. Patent and Trademark Office's growing authority over intellectual property. Sponsored by Duke Law Journal. Session 1: PTO & Chevron Deference Conference titled: Intellectual Property Exceptionalism in Administrative Law Panel 1: Presenters: Stuart Benjamin (Duke Law) and Arti Rai (Duke Law); discussant: Christopher J. Walker (Moritz College of Law) Panel 2: John M. Golden (Texas Law) & Sapna Kumar (University of Houston Law Center) Recorded on February 12, 2016

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