Intellectual Property Rights in Biotechnology: Addressing New Technology

Posted: 29 Feb 2000

See all articles by Arti K. Rai

Arti K. Rai

Duke University School of Law; Duke Innovation & Entrepreneurship Initiative


This Article argues that the Court of Appeals for the Federal Circuit ("CAFC") has misapplied patent law in the context of biotechnology, making patent protection far too strong in certain respects and too weak in other respects. One major reason for the CAFC's mistakes has been its limited comprehension of the new technologies that are central to the biotechnology industry. Moreover, a comparative analysis of the various institutions that could address the new genetic technologies reveals that the Patent and Trademark Office ("PTO") is best equipped for the task. Thus the CAFC should show greater deference to the PTO's factual and legal determinations regarding patentability.

Note: Copyright (c) 1999 by the Wake Forest Law Review Association, Inc.

Suggested Citation

Rai, Arti Kaur, Intellectual Property Rights in Biotechnology: Addressing New Technology. Available at SSRN:

Arti Kaur Rai (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

Duke Innovation & Entrepreneurship Initiative ( email )

215 Morris St., Suite 300
Durham, NC 27701
United States

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