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International Harmonization of the Patent-Issuing Rules

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  • Kaz Miyagiwa
  • Yuka Ohno

Abstract

With the America Invents Act of 2011, the U.S. changed its patent-issuing rule from first-to-invent to first-to-file, the international norm. We investigate the effect of such a policy change in a two-country model of R&D competition for two sequential (basic and final) inventions. We find that a switch never speeds up basic research. A delay is more likely especially in industries where the final product generates more value in the U.S. Simulations show that a delay in basic research also retards final invention, decreasing world welfare.

Suggested Citation

  • Kaz Miyagiwa & Yuka Ohno, 2012. "International Harmonization of the Patent-Issuing Rules," ISER Discussion Paper 0837, Institute of Social and Economic Research, Osaka University.
    • Handle: RePEc:dpr:wpaper:0837
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    File URL: https://www.iser.osaka-u.ac.jp/library/dp/2012/DP0837.pdf
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    References listed on IDEAS

    as
    1. Tina Kao, 2009. "Strategic Licensing And Sequential Innovations," Manchester School, University of Manchester, vol. 77(4), pages 512-551, July.
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    5. Shih-tse Lo & Dhanoos Sutthiphisal, 2009. "Does it Matter Who Has the Right to Patent: First-to-invent or First-to-file? Lessons From Canada," NBER Working Papers 14926, National Bureau of Economic Research, Inc.
    6. Linda R. Cohen & Jun Ishii, 2005. "Competition, Innovation and Racing for Priority at the U.S. Patent and Trademark Office," Working Papers 050604, University of California-Irvine, Department of Economics.
    7. Tom Lee & Louis L. Wilde, 1980. "Market Structure and Innovation: A Reformulation," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 94(2), pages 429-436.
    8. Chong Ju Choi & Carla C. J. M. Millar & Caroline Y. L. Wong, 2005. "Knowledge and Competition," Palgrave Macmillan Books, in: Knowledge Entanglements, chapter 0, pages 97-117, Palgrave Macmillan.
    9. 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.
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    Cited by:

    1. 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.

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    More about this item

    JEL classification:

    • O3 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights
    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital
    • F1 - International Economics - - Trade

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