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Does it Matter Who Has the Right to Patent: First-to-invent or First-to-file? Lessons From Canada

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  • Shih-tse Lo
  • Dhanoos Sutthiphisal

Abstract

A 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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  • 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.
    • Handle: RePEc:nbr:nberwo:14926
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    Cited by:

    1. 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.
    2. Andrew Eckert & Corinne Langinier, 2014. "A Survey Of The Economics Of Patent Systems And Procedures," Journal of Economic Surveys, Wiley Blackwell, vol. 28(5), pages 996-1015, December.
    3. Nicholas, Tom, 2011. "Cheaper patents," Research Policy, Elsevier, vol. 40(2), pages 325-339, March.
    4. 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.
    5. 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.
    6. Di Fan & Long Zhao, 2023. "The role of business locations in international patenting," Journal of Economics, Springer, vol. 139(1), pages 43-69, June.
    7. Arianna Martinelli & Julia Mazzei, 2022. "Death squad or quality improvement? The impact of introducing post-grant review on U.S. patent quality," LEM Papers Series 2022/34, Laboratory of Economics and Management (LEM), Sant'Anna School of Advanced Studies, Pisa, Italy.
    8. Jacob Greenspon & Erika Rodigues, 2017. "Are Trends in Patenting Reflective of Innovative Activity in Canada?," CSLS Research Reports 2017-02, Centre for the Study of Living Standards.
    9. Miyagiwa, Kaz & Ohno, Yuka, 2015. "International harmonization of the patent-issuing rules," International Journal of Industrial Organization, Elsevier, vol. 39(C), pages 81-89.
    10. Di Fan & Long Zhao, 2022. "Old Wine in New Bottles: Patenting Propensity," Journal of Industry, Competition and Trade, Springer, vol. 22(2), pages 207-224, June.

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    JEL classification:

    • O3 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights

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