Faculty - University of Virginia School of Law

CONTACT
mbagley@virginia.edu
(434) 924-4492
Room WB179G

ASSISTANT
Crystal Smith

SUBJECTS
Biotechnology, Intellectual property, Patent law

Margo A. Bagley

Professor of Law
J.D., Emory University School of Law, 1996
B.S., University of Wisconsin-Madison, 1986

Margo A. Bagley teaches courses on patent law, international and comparative patent law, intellectual property, and property.

After receiving a Bachelor of Science degree in chemical engineering in 1986 from the University of Wisconsin-Madison, Bagley worked in products research and development with the Procter & Gamble Company, where she was named Food Product Development Excellence "Rookie of the Year" and was co-inventor on a U.S. patent for improved peanut butter. Later, she worked as a senior research analyst for the Coca-Cola Company. Through her corporate experience, Bagley developed an interest in the law of intellectual property.

Bagley received her J.D. in 1996 from Emory, where she was a Robert W. Woodruff Fellow, an editor of the Emory Law Journal and was elected to Order of the Coif. She is a member of the Georgia bar and is licensed to practice before the U.S. Patent and Trademark Office. Bagley worked as an associate with Smith, Gambrell & Russell and Finnegan, Henderson, Farabow, Garrett & Dunner before becoming an assistant professor of law at Emory University in 1999. She was a visiting professor of law at Washington & Lee University School of Law in fall 2001 and at the University of Virginia School of Law in fall 2005. She has also taught international patent law and policy courses in Germany, China and Singapore. She joined the University of Virginia faculty in 2006.

Bagley is a member of the board of directors of the Public Patent Foundation and also served on the National Academy of Sciences Committee on University Management of Intellectual Property: Lessons from a Generation of Experience, Research, and Dialogue.

Scholarship Profile: Engineering Solutions to Patent Puzzles (Virginia Journal 2008)

Faculty Q&A: Bagley Focuses on Law Behind Keeping Drug Patents Profitable (October 2011)

Virginia Law Students Get Rare Front-Row Seat to Federal Appellate Process (September 2011)

Publications

Books:

Bagley, Okediji & Erstling, International Patent Law and Policy (West Publishing, forthcoming, 2013).

Okediji & Bagley, Patent Law in Global Perspective, (Oxford University Press, forthcoming, 2013).

Book Chapters:

Patent Claim Scope and Patent Eligibility, book chapter in Ruth Okediji and Margo Bagley eds. ‘Patent Law in Global Perspective,” (Oxford University Press, forthcoming, 2013).

Pharmaceutical Data Exclusivity Protection, book chapter in Josef Drexl and Nari Lee eds. 'Pharmaceutical Innovation, Competition and Patent Law: a Trilateral Perspective,' (Edward Elgar Publishing 2013).

“Patents and Technological Innovation; Issues and Opportunities,” in Gary Libecap ed., Advances in the Study of Entrepreneurship, Innovation, and Economic Growth, Vol. 18: The Innovation Process: A Multidisciplinary Approach, (Elsevier Science & Technology Books, 2007).

“A Global Controversy: The Role of Morality in Biotechnology Patent Law,” in Peter Yu ed., Intellectual Property and Information Wealth ( Praeger Press, 2007).

Articles:

‘The Wheat and the GMO Tares: Lessons from Plant Patent Litigation and the Parables of Christ,’ 11 St. Thomas L. J. (forthcoming 2013, Symposium issue).

Review of Peter Drahos, The Global Governance of Knowledge: Patent Offices and Their Clients (2010) 2 IP L. Book Rev. 15 (2011).
SSRN

"The New Invention Creation Activity Boundary in Patent Law," 51 Wm. & Mary L. Rev. 577 (2009).
SSRN | HeinOnline (PDF)

"The Need for Speed (and Grace): Issues in a First-Inventor-to-File World," 23 Berkeley Tech. L.J. 1035 (2008).
SSRN | HeinOnline (PDF)

“Academic Discourse and Proprietary Rights: Putting Patents in Their Proper Place,” 47 B.C.L. Rev. 217 (2006).
SSRN | HeinOnline (PDF)

“Stem Cells, Cloning and Patents: What’s Morality Got to Do With It?” 39 New Eng. L. Rev. 501 (2005) (symposium issue).
HeinOnline (PDF)

"Patents and Morality: A Role for Congress," Nat'l L.J., May 3, 2004.

"Patent First, Ask Questions Later: Morality and Biotechnology in Patent Law," 45 Wm. & Mary L. Rev. 469 (2003).
HeinOnline (PDF)

"Legal Movements in IP: TRIPS, Bilateral Agreements, and Access to Essential Medicines," 17 Emory Int’l L. Rev. 781 (2003) (symposium issue).
SSRN | HeinOnline (PDF)

"Still Patently Unconstitutional: A Reply to Professor Nard," 88 Minn. L. Rev. 239 (2003).
HeinOnline (PDF)

"Patently Unconstitutional: Geographical Limitations on Prior Art in a Small World," 87 Minn. L. Rev. 679 (2003).
HeinOnline (PDF)

"Internet Business Model Patents: Obvious By Analogy," 7 Mich. Telecomm. & Tech. L. Rev. 253 (2001) (symposium issue).
HeinOnline (PDF)

Comment, "Using Section 337 of the Tariff Act of 1930 to Block Materially Different Gray Market Goods in the Common Control Context: Are Reports of Its Death Greatly Exaggerated?" 44 Emory L.J. 1541 (1995).
HeinOnline (PDF)

Current Courses

In the Media

"Examining the USPTO" (Managing Intellectual Property, 11/01/2007)
"Patent Ruling May Mean Trouble for Big Pharma" (TheStreet.com, 05/31/2007)
"Claim Construction and Infringement" (Fora TV, 10/27/2006)
"Injunctions Safe but under New Scrutiny" (Managing Intellectual Property, 06/01/2006)