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The 2011 America Invents Act: Does it Undermine Innovation?

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  • Kaz Miyagiwa

Abstract

With the 2011 America Invents Act, the United States discarded its century‐old first‐to‐invent patent‐awarding system in favor of a first‐to‐file rule. Critics have argued that the first‐to‐file rule rewards speed in patent applications rather than creativity, thereby undermining innovation. We evaluate this concern within a dynamic model of a patent race, and find first‐to‐invent (weakly) more conducive to innovation than first‐to‐file. Defending prior users’ rights can promote both pro‐ and anti‐R&D effect of a switch to first‐to‐file.

Suggested Citation

  • Kaz Miyagiwa, 2015. "The 2011 America Invents Act: Does it Undermine Innovation?," Journal of Economics & Management Strategy, Wiley Blackwell, vol. 24(2), pages 211-227, June.
    • Handle: RePEc:bla:jemstr:v:24:y:2015:i:2:p:211-227
    DOI: 10.1111/jems.12092
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    Cited by:

    1. Miyagiwa, Kaz & Ohno, Yuka, 2015. "International harmonization of the patent-issuing rules," International Journal of Industrial Organization, Elsevier, vol. 39(C), pages 81-89.
    2. Tetsugen Haruyama & Kaz Miyagiwa, 2018. "The Patent-issuing Rules and Economic Growth: Are We in a "Wrong" Patent Regime?," Working Papers 1805, Florida International University, Department of Economics.
    3. Andreas Panagopoulos & Kyriakos Drivas, 2016. "Using the Patent Term Changes in Assessing the Evolution of Patent Valuation from Filing to Maturity," Working Papers 1608, University of Crete, Department of Economics.
    4. Chung-Cheng Yang & Jianxiong Chen & Wen-Chi Yang, 2021. "The Impact of the Amendment of Taiwan’s Certified Public Accountant Act in 2007 on Large Accounting Firms," Sustainability, MDPI, vol. 13(3), pages 1-22, January.

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