The Center for Innovation Policy at Duke Law

The Center for Innovation Policy at Duke Law is a forum for independent
analysis and balanced discussion of policies for promoting technological
innovation and its contributions to economic growth.

About Us


Center seeks new Program Director/Lecturing Fellow

Recent Events

  • Picture of Donald Verrilli
    Donald Verrilli, Munger, Tolles &
    Olson (former U.S. Solicitor General)
  • Picture of John Duffy
    John Duffy, University of Virginia
    Law School
  • Picture of James Smith
    James Smith, Ecolab
    (former Chief Judge, PTAB)

Is Administrative Review of Granted Patents Constitutional? 

Friday, September 22, 2017 | Washington, DC

The U.S. Supreme Court granted certiorari in Oil States Energy Services v. Greene’s Energy Group, a case in which the petitioner argues that the most prominent U.S. Patent and Trademark Office process for analyzing the validity of granted patents “violates the Constitution by extinguishing private property rights through a non-Article III forum without a jury.” This half-day conference gathered distinguished practitioners and legal scholars from a variety of perspectives to discuss potential implications of the case for patent law, for the administrative state, and for affected industries.

This conference was funded through support from Google and InterDigital.

More information


  • Picture of Gary Epstein
    Gary Epstein, former Chair of the
    FCC's Incentive Auction Task Force
  • Picture of David Quinalty
    David Quinalty, Senate Commerce,
    Science & Transportation Committee
  • Picture of Dorothy Robyn
    Dorothy Robyn, former
    Commissioner at the G.S.A.

The FCC Spectrum Incentive Auction: Lessons for the Future

Friday, May 12, 2017
Duke University's "Duke in DC" offices

The FCC concluded the most complex auction in history, the culmination of a decade-long planning process for moving spectrum from broadcast to mobile broadband uses. On May 12, 2017, The Center for Innovation Policy at Duke Law held a half-day conference that identified lessons from this auction for spectrum policy, government disposition of assets (whether of spectrum or other resources), and the future of innovation policy generally.

Speakers included: Lawrence Ausubel, Univ. of Maryland, Power Auctions; Jonathan Chaplin, New Street Research; Paul de Sa, Quadra Partners; Gary Epstein, former Chair of Incentive Auction Task Force at FCC; Karla Hoffman, George Mason Univ.; Allan Ingraham, Economists Inc.; Edward Lazarus, Tribune Media; Michael Ostrovsky, Stanford Graduate School of Business; Preston Padden, Boulder Thinking; David Quinalty, Senate Commerce, Science, & Transportation Committee; Charla Rath, Verizon; Dorothy Robyn, former Commissioner at GSA; Gregory Rosston, Stanford Univ.; David Salant, Auction Technologies; Steve Sharkey, T-Mobile; and Ilya Segal, Stanford Univ.

More Information


  • Picture of Katrine Bosley
    Katrine Bosley, Editas Medicine
  • Picture of Senator Chris Coons (D-DE)
    Senator Chris Coons (D-DE), Co-chair, Senate Competitiveness Caucus
  • Picture of Mary 'Missy' Cummings
    Mary 'Missy' Cummings, Duke Pratt School of Engineering

The Decline in Corporate Research: Should We Worry?

Friday, March 31, 2017, and Tuesday, June 6, 2017
Washington, D.C.

Government data and research point to a long decline in US corporate investment in upstream research. How pervasive is this trend across industries, technologies, and firms of different sizes? How does it compare with research spending by the federal government, universities, and companies abroad? Does it reflect less reliance on research, whoever performs it? Is it explained by capital market pressures, global competition, or other factors? Has it contributed to the slowdown in productivity growth? Are there other reasons policymakers should be concerned? If so, what policy levers should they look to—e.g., intellectual property, tax, government R&D spending, or antitrust enforcement?

These issues were first examined at a conference—The Decline in Corporate Research: Should We Worry?—at "Duke in DC," where speakers included Eduardo Porter, New York Times columnist; Katrine Bosley, Editas Medicine CEO; Bill Raduchel, former AOL CTO; Bill Janeway, Warburg Pincus partner; Eric Toder, Tax Policy Center director; Howard Shelanski, former director OMB’s Office of Information and Regulatory Affairs; and scholars from Duke, Harvard, Columbia, Carnegie Mellon, and Berkeley.

The conference was followed by a briefing—The Decline in Research: Should We Worry?—on Capitol Hill hosted by the co-chair of the Senate Competitiveness Caucus. Speakers included Senator Chris Coons (D-DE); Ashish Arora, Duke Fuqua School of Business; Steven Freilich, University of Delaware Energy Initiative; Stephen Merrill, Duke Law School; Arti Rai, Duke Law School; and, Pian Shu, Harvard Business School.

Both programs were sponsored by a grant from the Ewing Marion Kauffman Foundation.

Find out more about the events and view the archived recordings.


Congressional Briefing


2016 Annual Report for
The Center for Innovation Policy at Duke Law

The Center for Innovation Policy at Duke Law's 2016 Annual Report is available for download here.

Recent Scholarship from Center Leadership and Affiliates

Ashish Arora, Sharon Belenzon, and A. Patacconi, “The Decline of Science in Corporate R&D,” Strategic Management, 39:1, January 2018, pp. 3–32. »Read the article

Michael Frakes and M. Wasserman, Decreasing the Patent Office’s Incentives to Grant Invalid Patents, The Hamilton Project Policy Proposal 2017-17, December, 2017. »Read the paper

Arti K. Rai and R. Cook-Deegan, “Racing for Academic Glory and Patents: Lessons from CRISPR,” Science, 358:6365, November 17 2017, pp. 874–876. »Read the article

Ashish Arora, Sharon Belenzon, and L. Sheer, “Back to Basics: Why do Firms Invest in Research?” National Bureau of Economic Research Working Paper 23187, November, 2017 (revised). »Read the paper

See all the scholarship.