Melissa F. Wasserman

University of Texas at Austin - School of Law

727 East Dean Keeton Street

Austin, TX 78705

United States

SCHOLARLY PAPERS

27

DOWNLOADS
Rank 10,365

SSRN RANKINGS

Top 10,365

in Total Papers Downloads

9,238

TOTAL CITATIONS
Rank 9,070

SSRN RANKINGS

Top 9,070

in Total Papers Citations

102

Scholarly Papers (27)

1.

AI-Generated Inventions: Implications for the Patent System

Southern California Law Review, Forthcoming, U of Texas Law, Legal Studies Research Paper
Number of pages: 26 Posted: 12 May 2023 Last Revised: 26 Feb 2024
Gaétan de Rassenfosse, Adam B. Jaffe and Melissa F. Wasserman
École Polytechnique Fédérale de Lausanne (EPFL), Brandeis University and University of Texas at Austin - School of Law
Downloads 1,246 (34,283)
Citation 1

Abstract:

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AI, patents, Patent Office

2.

The New World of Agency Adjudication

California Law Review, Vol. 107, pp. 141-197, 2019, Ohio State Public Law Working Paper No. 438, C. Boyden Gray Center for the Study of the Administrative State Research Paper No. 18-XX
Number of pages: 58 Posted: 06 Mar 2018 Last Revised: 03 Sep 2020
Christopher J. Walker and Melissa F. Wasserman
University of Michigan Law School and University of Texas at Austin - School of Law
Downloads 1,127 (39,634)
Citation 2

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administrative law, patent law, agency adjudication, PTAB, Oil States

3.

Does Agency Funding Affect Decisionmaking?: An Empirical Assessment of the PTO’s Granting Patterns

Vanderbilt Law Review, Vol. 66, 2013, Cornell Legal Studies Research Paper No. 12-22, 7th Annual Conference on Empirical Legal Studies Paper
Number of pages: 84 Posted: 18 Jan 2012 Last Revised: 25 May 2014
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and University of Texas at Austin - School of Law
Downloads 713 (74,323)
Citation 18

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patents, patent law, administrative law, grant, bias, bureaucrat, budget, PTO, patent and trademark office

4.

Irrational Ignorance at the Patent Office

Vanderbilt Law Review, Vol. 72, 2019, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2018-64
Number of pages: 82 Posted: 13 Nov 2018 Last Revised: 07 May 2019
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and University of Texas at Austin - School of Law
Downloads 697 (76,470)
Citation 6

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Patent Office, cost-benefit analysis, ex ante versus ex post, rational ignorance, invalid patents, patent litigation

Is the Time Allocated to Review Patent Applications Inducing Examiners to Grant Invalid Patents?: Evidence from Micro-Level Application Data

Review of Economics and Statistics, Forthcoming, Northwestern Public Law Research Paper No. 14-39, Northwestern Law & Econ Research Paper No. 14-16, Illinois Program in Law, Behavior and Social Science Paper No. LBSS14-39, Illinois Public Law Research Paper No. 14-44
Number of pages: 93 Posted: 18 Jul 2014 Last Revised: 26 Oct 2023
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and University of Texas at Austin - School of Law
Downloads 519 (109,564)

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U.S. Patent Office, patent examiner, over granting, time allocations

Is the Time Allocated to Review Patent Applications Inducing Examiners to Grant Invalid Patents?: Evidence from Micro-Level Application Data

NBER Working Paper No. w20337
Number of pages: 52 Posted: 28 Jul 2014 Last Revised: 26 Jan 2023
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and University of Texas at Austin - School of Law
Downloads 80 (627,759)
Citation 28

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6.

Saving Agency Adjudication

Texas Law Review, Forthcoming, U of Michigan Public Law Research Paper No. 24-001, U of Texas Law, Legal Studies Research Paper, BYU Law Research Paper 23-18
Number of pages: 70 Posted: 07 Sep 2023 Last Revised: 25 Nov 2024
Aaron L. Nielson, Christopher J. Walker and Melissa F. Wasserman
Brigham Young University - J. Reuben Clark Law School, University of Michigan Law School and University of Texas at Austin - School of Law
Downloads 580 (96,612)

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administrative law, agency adjudication, agency independence, removal power

7.

Does the U.S. Patent & Trademark Office Grant Too Many Bad Patents?: Evidence from a Quasi-Experiment

Stanford Law Review, Vol. 67, 2015, Illinois Program in Law, Behavior and Social Science Paper No. LBSS14-32, Illinois Public Law Research Paper No. 14-36
Number of pages: 91 Posted: 18 Apr 2014 Last Revised: 13 Aug 2015
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and University of Texas at Austin - School of Law
Downloads 547 (104,008)
Citation 14

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Patents, Patent and Trademark Office, Overgranting, Bias, Continuations, RCEs

8.

The Changing Guard of Patent Law: Chevron Deference for the PTO

William & Mary Law Review, Vol. 54, 2013, Illinois Program in Law, Behavior and Social Science Research Paper No. LBSS14-06, Illinois Public Law Research Paper No. 13-25
Number of pages: 62 Posted: 25 Oct 2012 Last Revised: 08 Aug 2013
Melissa F. Wasserman
University of Texas at Austin - School of Law
Downloads 456 (129,529)
Citation 1

Abstract:

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patent law, administrative law, PTO, Chevron deference, formal adjudication

9.

The Failed Promise of User Fees: Empirical Evidence from the United States Patent and Trademark Office

Journal of Empirical Legal Studies, Vol. 11, 2014, Cornell Law School Research Paper No. 13-92
Number of pages: 84 Posted: 20 Jul 2013 Last Revised: 13 Aug 2015
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and University of Texas at Austin - School of Law
Downloads 348 (176,207)

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patents, patent law, administrative law, examination priority, grant, bias, budget, PTO, patent and trademark office

10.

Is Too Much Specialization a Bad Thing? Specialization in Specialized Courts

Northwestern University Law Review, Vol. 115, 2021 Forthcoming
Number of pages: 91 Posted: 22 Feb 2020 Last Revised: 02 Dec 2023
Melissa F. Wasserman and Jonathan D. Slack
University of Texas at Austin - School of Law and Independent
Downloads 285 (218,715)
Citation 5

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specialized courts, Federal Circuit, patents, opinion specialization

11.

Precedential Decision Making in Agency Adjudication

Final Report to the Administrative Conference of the United States, December 6, 2022, U of Michigan Public Law Research Paper No. 23-002
Number of pages: 146 Posted: 21 Oct 2022 Last Revised: 02 Mar 2023
Christopher J. Walker, Melissa F. Wasserman and Matthew Lee Wiener
University of Michigan Law School, University of Texas at Austin - School of Law and affiliation not provided to SSRN
Downloads 280 (222,003)

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administrative law, agency adjudication, precedent, stare decisis

12.

Deference Asymmetries: Distortions in the Evolution of Regulatory Law

Texas Law Review, Vol. 93, 2015, Illinois Program in Law, Behavior and Social Science Paper No. LBSS14-29, Illinois Public Law Research Paper No. 14-32
Number of pages: 55 Posted: 28 Mar 2014 Last Revised: 03 Mar 2015
Melissa F. Wasserman
University of Texas at Austin - School of Law
Downloads 278 (223,649)
Citation 1

Abstract:

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deference regimes, pro-regulated-drift, agency's legal interpretations, Patent and Trademark Office

13.

What Administrative Law Can Teach the Trademark System

Washington University Law Review, Vol. 93, 2016, Forthcoming, University of Illinois College of Law Legal Studies Research Paper No. 15-25
Number of pages: 63 Posted: 09 May 2015 Last Revised: 13 Sep 2016
Melissa F. Wasserman
University of Texas at Austin - School of Law
Downloads 243 (255,974)

Abstract:

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trademark law, administrative law, deference, chevron, Federal Circuit

14.

The PTO's Asymmetric Incentives: Pressure to Expand Substantive Patent Law

Ohio State Law Journal, Vol. 72, No. 2, 2011
Number of pages: 49 Posted: 11 Mar 2011
Melissa F. Wasserman
University of Texas at Austin - School of Law
Downloads 221 (280,454)

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15.

Tax Solutions to Patent Damages

Texas Intellectual Property Law Journal, (Invited Symposium Contribution) Forthcoming
Number of pages: 24 Posted: 10 Jan 2018 Last Revised: 13 Jan 2018
Jennifer Blouin and Melissa F. Wasserman
University of Pennsylvania - Accounting Department and University of Texas at Austin - School of Law
Downloads 220 (281,627)
Citation 1

Abstract:

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patent damages, reasonable royalty, tax, transfer pricing, patents, transfer-pricing

16.
Downloads 206 (299,611)
Citation 10

Procrastination at the Patent Office?

Duke Law School Public Law & Legal Theory Series No. 2017-15
Number of pages: 12 Posted: 21 Dec 2016 Last Revised: 03 Feb 2021
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and University of Texas at Austin - School of Law
Downloads 166 (363,625)
Citation 9

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Procrastination, Patents, Patent Office, Backlog, Patent Quality

Procrastination in the Workplace: Evidence from the U.S. Patent Office

NBER Working Paper No. w22987
Number of pages: 51 Posted: 27 Dec 2016 Last Revised: 24 Apr 2022
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and University of Texas at Austin - School of Law
Downloads 40 (875,375)
Citation 1

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17.

Divided Infringement: Expanding the Extraterritorial Scope of Patent Law

New York University Law Review, Vol. 82, No. 281, 2007
Number of pages: 30 Posted: 06 Mar 2009
Melissa F. Wasserman
University of Texas at Austin - School of Law
Downloads 193 (318,229)

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patent law, extraterritorial

18.

Patent Office Cohorts

65 DUKE L.J. 1601 (2016)
Number of pages: 55 Posted: 11 Jul 2015 Last Revised: 13 Sep 2016
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and University of Texas at Austin - School of Law
Downloads 190 (322,834)
Citation 9

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19.

Empirical Scholarship on the Prosecution Process at the Patent Office (PTO)

2 RESEARCH HANDBOOK ON THE LAW & ECONOMICS OF INTELLECTUAL PROPERTY (Peter S. Menell, David L. Schwartz & Ben Depoorter, eds., Edgar Elgar Publishing) (2016, Forthcoming)
Number of pages: 15 Posted: 09 Aug 2016 Last Revised: 10 Sep 2016
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and University of Texas at Austin - School of Law
Downloads 151 (394,180)
Citation 1

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Patent Office, patents, agency, empirical, intellectual property

Knowledge Spillovers and Learning in the Workplace: Evidence from the U.S. Patent Office

Duke Law School Public Law & Legal Theory Series No. 2018-11
Number of pages: 12 Posted: 12 Jan 2018 Last Revised: 14 Jun 2018
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and University of Texas at Austin - School of Law
Downloads 116 (487,271)

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knowledge spillovers, Patent Office, patents, peer effects, examiners

Knowledge Spillovers and Learning in the Workplace: Evidence from the U.S. Patent Office

NBER Working Paper No. w24159
Number of pages: 55 Posted: 03 Jan 2018 Last Revised: 07 Jul 2023
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and University of Texas at Austin - School of Law
Downloads 31 (958,586)
Citation 1

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21.

Do Patent Lawsuits Target Invalid Patents

Selection and Decision In The Judicial Process Around The World: Empirical Inquiries (Yun-chien Chang ed., Cambridge University Press 2018 Forthcoming), Duke Law School Public Law & Legal Theory Series No. 2018-24
Number of pages: 24 Posted: 12 Mar 2018 Last Revised: 03 Feb 2021
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and University of Texas at Austin - School of Law
Downloads 122 (466,386)

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22.

The Seven Sins of Personal-Data Processing Systems under GDPR

USENIX Workshop on Hot Topics in Cloud Computing, 2019
Number of pages: 7 Posted: 25 Jul 2019 Last Revised: 31 Jul 2019
Supreeth Shastri, Melissa F. Wasserman and Vijay Chidambaram
University of Texas at Austin - Computer Science Engineering, University of Texas at Austin - School of Law and University of Texas at Austin - Computer Science Engineering
Downloads 103 (528,565)
Citation 1

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GDPR, Seven Sins, Digital Privacy

23.

Are There as Many Trademark Offices as Trademark Examiners?

Duke Law Journal, Vol. 69, 2020, Duke Law School Public Law & Legal Theory Series No. 2020-1
Number of pages: 41 Posted: 16 Jan 2020
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and University of Texas at Austin - School of Law
Downloads 91 (573,186)
Citation 1

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24.

Investing in Ex Ante Regulation: Evidence from Pharmaceutical Patent Examination

NBER Working Paper No. w27579, Duke Law School Public Law & Legal Theory Series No. 2022-01
Number of pages: 49 Posted: 28 Jul 2020 Last Revised: 11 May 2023
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and University of Texas at Austin - School of Law
Downloads 64 (695,861)

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25.

Analyzing the Impact of GDPR on Storage Systems

USENIX Workshop on Hot Topics in Storage and File Systems, 2019
Number of pages: 7 Posted: 02 Aug 2019
University of Texas at Austin - Computer Science Engineering, Hewlett-Packard Enterprise, University of Texas at Austin - Computer Science Engineering, University of Texas at Austin - School of Law and University of Texas at Austin - Computer Science Engineering
Downloads 50 (779,547)
Citation 1

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GDPR compliance, Redis, Digital privacy law

26.

Patent Trial and Appeal Board's Consistency-Enhancing Function

Iowa Law Review, Vol. 104, No. 5, 2019, Duke Law School Public Law & Legal Theory Series No. 2019-61
Number of pages: 30 Posted: 24 Aug 2019
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and University of Texas at Austin - School of Law
Downloads 49 (786,293)
Citation 1

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Agency Adjudication, Patents, PTAB, Patent Office, Heterogeneity

27.

Deadlines Versus Continuous Incentives: Evidence from the Patent Office

NBER Working Paper No. w32066, Duke Law School Public Law & Legal Theory Series No. 2024-06
Number of pages: 52 Posted: 22 Jan 2024 Last Revised: 07 Feb 2024
Michael Frakes and Melissa F. Wasserman
Duke University School of Law and University of Texas at Austin - School of Law
Downloads 32 (922,526)

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