Arti K. Rai

Duke University School of Law

Professor of Law

210 Science Drive

Box 90362

Durham, NC 27708

United States

Duke Innovation & Entrepreneurship Initiative

215 Morris St., Suite 300

Durham, NC 27701

United States

SCHOLARLY PAPERS

50

DOWNLOADS
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Top 2,426

in Total Papers Downloads

13,486

CITATIONS
Rank 5,669

SSRN RANKINGS

Top 5,669

in Total Papers Citations

90

Scholarly Papers (50)

1.

Bayh-Dole Reform and the Progress of Biomedicine

Law and Contemporary Problems, Vol. 66, No. 1
Number of pages: 39 Posted: 23 Nov 2002
Arti K. Rai and Rebecca S. Eisenberg
Duke University School of Law and University of Michigan Law School
Downloads 1,499 (10,789)
Citation 16

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2.

Open Letter on Ethical Norms in Intellectual Property Scholarship

Stanford Public Law Working Paper No. 2714416, Duke I&E Research Paper No. 16-7, Duke Law School Public Law & Legal Theory Series No. 2016-9
Number of pages: 14 Posted: 13 Jan 2016 Last Revised: 04 Mar 2016
University of California Hastings College of the Law, Stanford Law School, University of Chicago - Law School and Duke University School of Law
Downloads 981 (20,777)

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3.

Strategic Decision Making in Dual PTAB and District Court Proceedings

Berkeley Technology Law Journal, Vol. 31, 2016, Duke Law School Public Law & Legal Theory Series No. 2016-14, Texas A&M University School of Law Legal Studies Research Paper No. 16-34
Number of pages: 79 Posted: 15 Feb 2016 Last Revised: 24 Sep 2016
Texas A&M University School of Law, Duke University School of Law and University of Illinois College of Law
Downloads 911 (23,138)

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patent, administrative, empirical, inter partes review, covered business method, collective action, America Invents Act, IPR, CBM, PTAB, USPTO, AIA

4.

Fostering Cumulative Innovation in the Biopharmaceutical Industry: The Role of Patents and Antitrust

Berkeley Technology Law Journal, Vol. 16, Spring 2001
Number of pages: 42 Posted: 19 May 2002
Arti K. Rai
Duke University School of Law
Downloads 774 (29,179)
Citation 3

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patents, antitrust, biopharmaceuticals

Regulating Scientific Research: Intellectual Property Rights and the Norms of Science

Number of pages: 99 Posted: 29 Oct 1999
Arti K. Rai
Duke University School of Law
Downloads 760 (29,421)
Citation 26

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Regulating Scientific Research: Intellectual Property Rights and the Norms of Science

Northwestern University Law Review, Vol. 94, No. 1, Fall 1999
Posted: 29 Oct 1999
Arti K. Rai
Duke University School of Law

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6.

Open and Collaborative Research: A New Model for Biomedicine

INTELLECTUAL PROPERTY RIGHTS IN FRONTIER INDUSTRIES: SOFTWARE AND BIOTECH, Robert Hahn, ed., AEI-Brookings Press, Forthcoming
Number of pages: 34 Posted: 10 Aug 2004
Arti K. Rai
Duke University School of Law
Downloads 672 (35,437)
Citation 3

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Open and collaborative, open source, biomedical research

7.

RAND Patents and Exclusion Orders: Submission of 19 Economics and Law Professors to the International Trade Commission

Santa Clara Univ. Legal Studies Research Paper No. 07-12, UC Berkeley Public Law Research Paper No. 2102865
Number of pages: 13 Posted: 10 Jul 2012
Santa Clara University - School of Law, University of California, Berkeley - Department of Economics, University of California, Berkeley - Haas School of Business, University of Minnesota Law School, Notre Dame Law School, Syracuse University College of Law, Santa Clara University - School of Law, University of California, Irvine School of Law, Pennsylvania State University - Mary Jean and Frank P. Smeal College of Business Administration, Rutgers Law School, University of Utah - S.J. Quinney College of Law, University of Georgia School of Law, Villanova University Charles Widger School of Law, New York University School of Law, University of San Diego School of Law, Duke University School of Law, New York University School of Law, University of Leuven and University of Nebraska - College of Law
Downloads 581 (42,948)
Citation 1

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8.

University Software Ownership and Litigation: A First Examination

Duke Law School Legal Studies Paper No. 160, Duke Science, Technology & Innovation Paper No. 20
Number of pages: 52 Posted: 26 Jun 2007 Last Revised: 14 May 2014
Duke University School of Law, University of Texas - McCombs School of Business and Columbia University - Mailman School of Public Health
Downloads 570 (43,986)
Citation 1

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9.

Valuing Health Care: Improving Productivity and Quality

Number of pages: 64 Posted: 20 Apr 2012
Stanford University - Department of Economics, University of Wisconsin - Madison - Department of Economics, New America Foundation, Duke University - School of Medicine, Arizona State University (ASU), Ewing Marion Kauffman Foundation, Drug Discovery Center of Innovation, Sage Bionetworks, Manhattan Institute for Policy Research, University of Pennsylvania - Wharton School, Georgetown University Law Center, Cato Institute, Council on Foreign Relations (CFR) - Council on Foreign Relations- Washington D.C., Dr. Susan Love Research Foundation, EGL Advisors/The Ludy Family Foundation, Techstars, Harvard University - Department of Health Policy & Management, Novartis Pharmaceutical Corporation - Novartis Oncology, Arizona State University, Mayo Clinic Center for Individualized Medicine, Yale University - Law School, Duke University School of Law, Brookings Institution, Duke University - School of Law, Syracuse University, Yale University - Law School, Pfizer, Inc., West Wireless Health Institute, Ewing Marion Kauffman Foundation, Ewing Marion Kauffman Foundation and Sage Bionetworks
Downloads 546 (46,481)

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health care, health, policy, productivity, regulation

10.

Synthetic Biology: Caught between Property Rights, the Public Domain, and the Commons

PLoS Biology, Forthcoming, Duke Science, Technology & Innovation Paper No. 12
Number of pages: 9 Posted: 08 Nov 2006
Arti K. Rai and James Boyle
Duke University School of Law and Duke University School of Law
Downloads 468 (56,492)
Citation 4

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11.

Fixing Innovation Policy: A Structural Perspective

George Washington Law Review, Vol. 77, No. 1, 2008, Duke Science, Technology & Innovation Paper No. 29, Duke Law School Public Law & Legal Theory Paper No. 218
Number of pages: 88 Posted: 28 Aug 2008 Last Revised: 03 Apr 2010
Stuart Minor Benjamin and Arti K. Rai
Duke University School of Law and Duke University School of Law
Downloads 465 (56,921)
Citation 5

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12.

Pathways Across the Valley of Death: Novel Intellectual Property Strategies for Accelerated Drug Discovery

Yale Journal of Health Policy, Law, and Ethics, Vol. 8, No. 1, 2008
Number of pages: 37 Posted: 17 Jan 2008
Duke University School of Law, Duke University School of Law, The National Academies - National Academy of Sciences (NAS) and Independent
Downloads 451 (59,131)
Citation 1

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13.

Who's Afraid of the APA? What the Patent System Can Learn from Administrative Law

Georgetown Law Journal, Vol. 95, p. 269, 2007, Duke Science, Technology & Innovation Paper No. 8, Duke Law School Legal Studies Paper No. 109
Number of pages: 68 Posted: 18 Apr 2006 Last Revised: 12 Feb 2016
Stuart Minor Benjamin and Arti K. Rai
Duke University School of Law and Duke University School of Law
Downloads 399 (68,599)
Citation 9

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14.

Manufacturing Barriers to Biologics Competition and Innovation

101 Iowa L. Rev. 1023 (2016), Duke Law School Public Law & Legal Theory Series No. 2015-20, Duke I&E Research Paper No. 15-2
Number of pages: 41 Posted: 16 Apr 2015 Last Revised: 30 Jul 2018
W. Nicholson Price and Arti K. Rai
University of Michigan Law School and Duke University School of Law
Downloads 387 (71,019)

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Innovation, Trade Secrets, Intellectual Property, Biologics, Biosimilars

15.

Addressing the Patent Gold Rush: The Role of Deference to Pto Patent Denials

USD School of Law, Public Law Working Paper No. 05 and Law and Economics Research Paper No. 02
Number of pages: 36 Posted: 08 May 2000
Arti K. Rai
Duke University School of Law
Downloads 374 (73,969)
Citation 6

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16.

The Information Revolution Reaches Pharmaceuticals: Balancing Innovation Incentives, Cost, and Access in the Post-Genomics Era

University of Illinois Law Review, March 2001
Number of pages: 48 Posted: 14 Feb 2001
Arti K. Rai
Duke University School of Law
Downloads 369 (75,111)
Citation 4

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cost-effectiveness, genomics, patents, pharmaceuticals

17.

Proprietary Rights and Collective Action: The Case of Biotechnology Research with Low Commercial Value

INTERNATIONAL PUBLIC GOODS AND TRANSFER OF TECHNOLOGY UNDER THE GLOBALIZED INTELLECTUAL PROPERTY REGIME, Jerome Reichman and Keith Maskus, eds., 2004
Number of pages: 25 Posted: 26 Jul 2004
Arti K. Rai
Duke University School of Law
Downloads 274 (104,608)

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18.

Facts, Law, and Policy: An Allocation-of-Powers Approach to Patent System Reform

U of Penn, Inst for Law & Econ Research Paper 02-20; & U of Penn. Law School, Pub. Law Research Paper No. 11
Number of pages: 88 Posted: 21 Nov 2002
Arti K. Rai
Duke University School of Law
Downloads 240 (120,070)

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19.

Growing Pains in the Administrative State: The Patent Office's Troubled Quest for Managerial Control

University of Pennsylvania Law Review, Vol. 157, 2009
Number of pages: 29 Posted: 29 May 2009
Arti K. Rai
Duke University School of Law
Downloads 227 (126,984)
Citation 6

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20.

Harnessing and Sharing the Benefits of State-Sponsored Research: Intellectual Property Rights and Data Sharing in California's Stem Cell Initiative

Berkeley Technology Law Journal, Vol. 21, 2006, Duke Science, Technology & Innovation Paper No. 11
Number of pages: 29 Posted: 08 Nov 2006
Rebecca S. Eisenberg and Arti K. Rai
University of Michigan Law School and Duke University School of Law
Downloads 225 (128,039)
Citation 3

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21.

Patent Validity Across the Executive Branch: Ex Ante Foundations for Policy Development

Duke Law Journal, Vol. 61, p. 101, 2012
Number of pages: 60 Posted: 19 Feb 2012 Last Revised: 27 Dec 2014
Arti K. Rai
Duke University School of Law
Downloads 210 (136,769)

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patents, executive branch, validity, ex ante

22.

Taming the Mongrel: Aligning Appellate Review of Claim Construction with its Evidentiary Character in Teva v. Sandoz

UC Berkeley Public Law Research Paper No. 2457958
Number of pages: 35 Posted: 25 Jun 2014
Peter S. Menell, Jonas Anderson and Arti K. Rai
University of California, Berkeley - School of Law, American University - Washington College of Law and Duke University School of Law
Downloads 191 (149,574)

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Claim Construction, Patent

23.

Building a Better Innovation System: Combining Facially Neutral Patent Standards With Regulation of End Product Therapeutics

Houston Law Review, Vol. 45, 2008, Duke Science, Technology & Innovation Paper No. 30
Number of pages: 25 Posted: 15 Jul 2008 Last Revised: 12 Mar 2013
Arti K. Rai
Duke University School of Law
Downloads 191 (149,574)
Citation 1

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24.

Brief of Amici Curiae 56 Professors of Law and Economics in Support of Petition for Writ of Certiorari in TC Heartland LLC v. Kraft Foods Group Brands LLC, No. 16-341

Duke I&E Research Paper No. 2016-44, Stanford Law and Economics Olin Working Paper No. 499
Number of pages: 24 Posted: 18 Oct 2016 Last Revised: 10 Nov 2016
Santa Clara University - School of Law, Stanford Law School, Santa Clara University School of Law and Duke University School of Law
Downloads 178 (159,356)

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Venue, Jurisdiction, Eastern District of Texas, Patent Assertion Entity, PAE

25.

The Nagoya Protocol and Synthetic Biology Research: A Look at the Potential Impacts

Virginia Public Law and Legal Theory Research Paper No. 2014-05, Emory Legal Studies Research Paper
Number of pages: 33 Posted: 02 Feb 2014 Last Revised: 21 Nov 2017
Margo A. Bagley and Arti K. Rai
Emory University School of Law and Duke University School of Law
Downloads 147 (187,673)

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patents, synthetic biology, Nagoya protocol, genetic resources, biodiversity

26.

When Biopharma Meets Software: Bioinformatics at the Patent Office

Harvard Journal of Law and Technology, Vol. 29, 2015, Duke Law School Public Law & Legal Theory Series No. 2015-21, Texas A&M University School of Law Legal Studies Research Paper No. 16-44, Duke I&E Research Paper No. 2016-37
Number of pages: 38 Posted: 26 May 2015 Last Revised: 26 Sep 2016
Saurabh Vishnubhakat and Arti K. Rai
Texas A&M University School of Law and Duke University School of Law
Downloads 116 (225,834)

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patent, examination, bioinformatics, software, USPTO, quality, empirical, team-based, invention

27.

Letter to U.S. Senate Committee on the Judiciary Concerning Inter Partes Review and Orange Book-Listed Patents

Letter to the U.S. Senate Committee on the Judiciary, 2015
Number of pages: 3 Posted: 29 Jun 2015 Last Revised: 14 Jan 2016
Arti K. Rai and Jacob S. Sherkow
Duke University School of Law and New York Law School
Downloads 112 (231,678)

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patent, admin, administrative, agencies, litigation, FDA, PTO, IPR

28.

A New Market Access Path for Repurposed Drugs

Number of pages: 4 Posted: 17 May 2014
Novartis Pharmaceutical Corporation - Novartis Oncology, Techstars, Sage Bionetworks, FasterCures, University of Kansas Medical Center, Tokai Pharmaceuticals, National Center for Advancing Translational Sciences, NIH, Aetna, Town Total Healthcare, Leukemia & Lymphoma Society, Duke University School of Law, Faegre Baker Daniels, Teva Pharmaceuticals and Cardinal Health
Downloads 103 (245,730)

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health care, pharmaceutical, drug, repurpose, innovation

29.

Allocating Power Over Fact-Finding in the Patent System

Berkeley Technology Law Journal, Vol. 19, pp. 907-922, 2004
Number of pages: 16 Posted: 04 Apr 2005
Arti K. Rai
Duke University School of Law
Downloads 101 (249,099)
Citation 1

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patent, reform, fact-finding, deference

30.

Accountability in Patenting of Federally Funded Research

Nature Biotechnology, Vol. 30, No. 10, October 2012
Number of pages: 4 Posted: 05 Dec 2012
Arti K. Rai and Bhaven N. Sampat
Duke University School of Law and Columbia University - Mailman School of Public Health
Downloads 100 (250,792)

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patents, Bayh-Dole, universities

31.

Use Patents Can Be Useful: The Case of Rescued Drugs

A. K. Rai, G. Rice, "Use patents can be useful: The case of rescued drugs." Sci. Transl. Med. 6, 248fs30 (2014).
Number of pages: 3 Posted: 09 Aug 2014
Arti K. Rai and Grant Rice
Duke University School of Law and affiliation not provided to SSRN
Downloads 92 (264,867)

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patents, FDA regulation

32.

Patent Institutions: Shifting Interactions Between Legal Actors

Research Handbook – Economics of Intellectual Property Rights, Volume 1 – Theory, Forthcoming, Duke I&E Research Paper No. 16-15, Duke Law School Public Law & Legal Theory Series No. 2016-30
Number of pages: 19 Posted: 20 May 2016 Last Revised: 06 Jun 2016
Arti K. Rai
Duke University School of Law
Downloads 83 (282,260)

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33.

Comment to the SEC in Support of the Enhanced Disclosure of Patent and Technology License Information

Georgetown McDonough School of Business Research Paper No. 2815618, Duke I&E Research Paper No. 2016-38, University of Utah College of Law Research Paper No. 175
Number of pages: 8 Posted: 09 Aug 2016 Last Revised: 05 Oct 2016
Santa Clara University - School of Law, University of Utah - S.J. Quinney College of Law, The Conference Board, Georgia Institute of Technology - Scheller College of Business, New York University (NYU) - Leonard N. Stern School of Business, Duke University School of Law and Texas A&M University School of Law
Downloads 79 (290,757)

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Patent, Innovation, Intellectual Property, SEC, License

34.

Brief for 72 Professors of Intellectual Property Law as Amici Curiae in Support of Respondents in Oil States Energy v. Greene's Energy

Stanford Public Law Working Paper, Duke Law School Public Law & Legal Theory Series No. 2018-2
Number of pages: 52 Posted: 31 Oct 2017
Greg Reilly, Mark A. Lemley and Arti K. Rai
IIT Chicago-Kent College of Law, Stanford Law School and Duke University School of Law
Downloads 77 (295,153)

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35.

Use Patents, Carve-Outs, and Incentives -- A New Battle in the Drug-Patent Wars

New England Journal of Medicine, Vol. 367, pp.491-493, 2012
Number of pages: 3 Posted: 10 Aug 2012
Arti K. Rai
Duke University School of Law
Downloads 76 (297,488)

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Hatch-Waxman, use patents, carve-outs, incentives

36.

'Who's Afraid of the Federal Circuit'

Number of pages: 11 Posted: 22 Dec 2011
Arti K. Rai
Duke University School of Law
Downloads 75 (299,788)

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patents, administrative law, federal circuit

37.

Improving (Software) Patent Quality Through the Administrative Process

Houston Law Review, Vol. 51, No. 2, 2013
Number of pages: 41 Posted: 29 Nov 2013 Last Revised: 27 Dec 2014
Arti K. Rai
Duke University School of Law
Downloads 69 (313,972)

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38.

Biomedical Patents at the Supreme Court: A Path Forward

Stanford Law Review Online, Vol. 66, 2013
Number of pages: 7 Posted: 12 Oct 2013 Last Revised: 27 Dec 2014
Arti K. Rai
Duke University School of Law
Downloads 67 (318,935)

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39.

The Changing Life Science Patent Landscape

Nature Biotechnology, vol. 34, pp. 292-93, Duke I&E Research Paper No. 2016-31
Number of pages: 3 Posted: 05 Jun 2016
Arti K. Rai and Jacob S. Sherkow
Duke University School of Law and New York Law School
Downloads 61 (334,809)

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patents, intellectual property, ip, AIA, PTO, bioscience, biotechnology, law, scotus, supreme court

40.

Risk Regulation and Innovation: The Case of Rights-Encumbered Biomedical Data Silos

Notre Dame Law Review, Vol. 92, No. 4, 2017, Duke I&E Research Paper No. 2017-08, Duke Law School Public Law & Legal Theory Series No. 2017-31
Number of pages: 29 Posted: 05 Apr 2017 Last Revised: 18 May 2017
Arti K. Rai
Duke University School of Law
Downloads 57 (345,895)

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global public good, data pooling, clinical trial data, regulation, EMA

41.

Administrative Power in the Era of Patent Stare Decisis

Duke Law Journal, Vol.65, Forthcoming, Duke Law School Public Law & Legal Theory Series No. 2016-25
Number of pages: 37 Posted: 26 Apr 2016 Last Revised: 06 Jun 2016
Stuart Minor Benjamin and Arti K. Rai
Duke University School of Law and Duke University School of Law
Downloads 55 (351,992)

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Patents, Administrative Law, Chevron, Stare Decisis

42.

Response to the Proposed Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board

University of Illinois College of Law Legal Studies Research Paper No. 18-32, Georgia Tech Scheller College of Business Research Paper No. 18-35, University of Missouri School of Law Legal Studies Research Paper, Stanford Public Law Working Paper, George Mason Legal Studies Research Paper No. LS 18-28
Number of pages: 9 Posted: 28 Aug 2018 Last Revised: 24 Sep 2018
University of Richmond - School of Law, University of Missouri School of Law, Georgia Institute of Technology - Scheller College of Business, Indiana University Maurer School of Law, University of Illinois College of Law, Stanford Law School, George Mason University - Antonin Scalia Law School, Faculty, Duke University School of Law, University of San Diego School of Law and Texas A&M University School of Law
Downloads 45 (383,917)

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patent, innovation, intellectual property, PTAB, claim construction, broadest reasonable interpretation, BRI, Phillips

43.

Competing with the 'Patent Court': A Newly Robust Ecosystem

13 Chicago-Kent Journal of Intellectual Property 386 (2014)
Number of pages: 8 Posted: 11 Aug 2014
Arti K. Rai
Duke University School of Law
Downloads 28 (451,724)

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Court of Appeals for the Federal Circuit, Executive branch

44.

Moving Beyond 'Isolated' Gene Patents

Science, 2013, DOI:10.1126/science.1242217
Posted: 03 Jul 2013
Arti K. Rai and Bob Cook-Deegan
Duke University School of Law and Arizona State University (ASU)

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gene patents

45.

Finding Cures for Tropical Diseases: Is Open Source an Answer?

PLOS Medicine, Vol. 1, p. 183, 2004, Duke Science, Technology & Innovation Paper No. 4
Posted: 06 Apr 2005
Stephen M. Maurer, Arti K. Rai and Andrej Sali
University of California, Berkeley, Duke University School of Law and UC, San Francisco - Dept. of Biopharmaceutical Sciences and Pharmaceutical Chemistry

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open source, neglected disease, patent

46.

Comments on 'Health Care Fraud and Abuse'

Journal of Law and Economics, Vol. 30, No. 2, Part 2
Posted: 19 Mar 2002
Arti K. Rai
Duke University School of Law

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47.

Pharmacogenetic Interventions, Distributive Justice, and Orphan Drugs: The Role of Cost-Benefit Analysis

Journal of Social Philosophy & Policy, Vol. 19, No. 2, 2001
Posted: 26 Sep 2001
Arti K. Rai
Duke University School of Law

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48.

Intellectual Property Rights in Biotechnology: Addressing New Technology

Wake Forest Law Review, Vol. 34, Pp. 827-847, 1999
Posted: 29 Feb 2000
Arti K. Rai
Duke University School of Law

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49.

The Physician as a Health Care Proxy

Hastings Center Report, September/October 1999
Posted: 22 Oct 1999
Arti K. Rai, Mark Siegler and John Lantos
Duke University School of Law, University of Chicago and University of Chicago

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50.

Reflective Choice in Health Care: Using Information Technology to Present Allocation Options

American Journal of Law and Medicine, Vol. 25, P. 387, 1999
Posted: 31 Aug 1999
Arti K. Rai
Duke University School of Law

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Other Papers (1)

Total Downloads: 25    Citations: 0
1.

Intellectual Property Issues and Synthetic Biology Standards

33 Nature Biotechnology 24 (2015)
Number of pages: 2 Posted: 13 Jan 2015
University of Utah - S.J. Quinney College of Law, Duke University School of Law and University of Kansas - School of Law
Downloads 25

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standards, patent, synthetic biology, FRAND