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Karen Sowers

Biotechnology, Intellectual property, Patent law

Margo A. Bagley

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

Margo A. Bagley's teaching and writing focus on U.S., international and comparative patent law issues, particularly relating to biotechnology and pharmaceutical protection.

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, Israel 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. She also was a member of the Scientific Committee of the 2013 European Policy on Intellectual Property Conference in Paris, France, and recently co-authored a report on the Nagoya Protocol and Synthetic Biology commissioned by the Woodrow Wilson International Center for Scholars.

In 2013, Bagley co-authored "International Patent Law and Policy," the first stand-alone casebook focusing on international patent law in more than a decade. (More)

Bagley also has provided expert assistance to the government of Mozambique in the World Intellectual Property Organization Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore negotiations in Geneva, Switzerland. (

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)

Hide details for [<A HREF="1E96C90C647C27A6852575EE004C2642?OpenDocument&ExpandSection=1#_Section1">Publications</A>]Publications


The Nagoya Protocol and Synthetic Biology Research: A Look at the Potential Impacts (with Arti K. Rai) (Woodrow Wilson International Center for Scholars, 2013).
(a link to the program description, a webcast, and the report, released that day, is available


Patent Law in Global Perspective (with Ruth L. Okediji and Jay A. Erstling)(Oxford University Press, forthcoming 2014).

International Patent Law and Policy (with Ruth L. Okediji and Jay A. Erstling) (West, 2013).

Book Chapters:

"Patent Barbarians at the Gate: The Who, What, When,Where, Why & How of U.S. Patent Subject Matter Eligibility Disputes," in Ruth Okediji & Margo Bagley, eds., Patent Law in Global Perspective (Oxford University Press, forthcoming 2014).

"'Grant Me Justice Against My Adversary': What Parables Can Teach Us About AMP v. Myriad Genetics and Organic Seed Growers & Trade Assoc. v. Monsanto," in Irene Calboli & Srividyha Ragavan, eds., Reconciling Diverse Identities and Intellectual Property (Cambridge University Press, forthcoming 2014).

“Patent Term Restoration and Non-Patent Exclusivity in the US,” in Josef Drexl & Nari Lee, eds., Pharmaceutical Innovation, Competition and Patent Law: A Trilateral Perspective 111 (Edward Elgar, 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).


‘The Wheat and the GMO Tares: Lessons from Plant Patent Litigation and the Parables of Christ,’ 11 St. Thomas L. J. (forthcoming 2014, symposium issue).

"A Place at the Table: The Future of Public Interest Patent Subject Matter Eligibility Challenges,” Vand. J. Ent. & Tech. L. (forthcoming 2014, symposium issue).

“On Shaky Ground?” review of “Knowledge as Property: Issues in the Moral Grounding of Intellectual Property Rights” by Rajshree Chandra , J. Intell. Prop. L. & Pract. (2013).
Link | PDF

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

"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)

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