Does it Matter Who Has the Right to Patent: First-to-invent or First-to-file? Lessons From Canada
AbstractA switch to a first-to-file patent regime from its first-to-invent system has become imminent for the U.S. To learn about probable effects of such a policy change, we examine a similar switch that occurred in Canada in 1989. We find that the switch failed to stimulate Canadian R&D efforts. Nor did it have any effects on overall patenting. However, the reforms had a small adverse effect on domestic-oriented industries and skewed the ownership structure of patented inventions towards large corporations, away from independent inventors and small businesses. These findings challenge the merits of adopting a first-to-file patent regime.
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Date of creation: Apr 2009
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Find related papers by JEL classification:
- O3 - Economic Development, Technological Change, and Growth - - Technological Change; Research and Development; Intellectual Property Rights
This paper has been announced in the following NEP Reports:
- NEP-ALL-2009-04-25 (All new papers)
- NEP-INO-2009-04-25 (Innovation)
- NEP-IPR-2009-04-25 (Intellectual Property Rights)
- NEP-MIC-2009-04-25 (Microeconomics)
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- Bronwyn H. Hall & Adam B. Jaffe & Manuel Trajtenberg, 2001.
"The NBER Patent Citation Data File: Lessons, Insights and Methodological Tools,"
NBER Working Papers
8498, National Bureau of Economic Research, Inc.
- Hall, Bronwyn H & Jaffe, Adam B & Trajtenberg, Manuel, 2001. "The NBER Patent Citations Data File: Lessons, Insights and Methodological Tools," CEPR Discussion Papers 3094, C.E.P.R. Discussion Papers.
- Hall, B. & Jaffe, A. & Trajtenberg, M., 2001. "The NBER Patent Citations Data File: Lessons, Insights and Methodological Tools," Papers 2001-29, Tel Aviv.
- Petra Moser, 2005.
"How Do Patent Laws Influence Innovation? Evidence from Nineteenth-Century World's Fairs,"
American Economic Review,
American Economic Association, vol. 95(4), pages 1214-1236, September.
- Petra Moser, 2003. "How Do Patent Laws Influence Innovation? Evidence from Nineteenth-Century World Fairs," NBER Working Papers 9909, National Bureau of Economic Research, Inc.
- Robert Evenson & Daniel Johnson, 1997. "Introduction: Invention Input-Output Analysis," Economic Systems Research, Taylor & Francis Journals, vol. 9(2), pages 149-160.
- Kortum, Samuel & Lerner, Josh, 1999. "What is behind the recent surge in patenting?1," Research Policy, Elsevier, vol. 28(1), pages 1-22, January.
- Jean O. Lanjouw & Mark Schankerman, 2004. "Patent Quality and Research Productivity: Measuring Innovation with Multiple Indicators," Economic Journal, Royal Economic Society, vol. 114(495), pages 441-465, 04.
- Kaz Miyagiwa, 2007. "First-to-invent versus First-to-file: International Patent Law Harmonization and Innovation," ISER Discussion Paper 0703, Institute of Social and Economic Research, Osaka University.
- Hall, Bronwyn H & Ziedonis, Rosemarie Ham, 2001. "The Patent Paradox Revisited: An Empirical Study of Patenting in the U.S. Semiconductor Industry, 1979-1995," RAND Journal of Economics, The RAND Corporation, vol. 32(1), pages 101-28, Spring.
- Manuel Trajtenberg, 1990. "A Penny for Your Quotes: Patent Citations and the Value of Innovations," RAND Journal of Economics, The RAND Corporation, vol. 21(1), pages 172-187, Spring.
- Johnson, Daniel K N & Popp, David, 2003.
" Forced Out of the Closet: The Impact of the American Inventors Protection Act on the Timing of Patent Disclosure,"
RAND Journal of Economics,
The RAND Corporation, vol. 34(1), pages 96-112, Spring.
- Daniel K.N. Johnson & David Popp, 2001. "Forced Out of the Closet: The Impact of the American Inventors Protection Act on the Timing of Patent Disclosure," NBER Working Papers 8374, National Bureau of Economic Research, Inc.
- Samuel Kortum & Jonathan Putnam, 1997. "Assigning Patents to Industries: Tests of the Yale Technology Concordance," Economic Systems Research, Taylor & Francis Journals, vol. 9(2), pages 161-176.
- Suzanne Scotchmer, 1999. "On the Optimality of the Patent Renewal System," RAND Journal of Economics, The RAND Corporation, vol. 30(2), pages 181-196, Summer.
- Nicholas, Tom, 2011. "Cheaper patents," Research Policy, Elsevier, vol. 40(2), pages 325-339, March.
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