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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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Author Info
Shih-tse Lo
Dhanoos Sutthiphisal

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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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Paper provided by National Bureau of Economic Research, Inc in its series NBER Working Papers with number 14926.

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Date of creation: Apr 2009
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Handle: RePEc:nbr:nberwo:14926

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O3 - Economic Development, Technological Change, and Growth - - Technological Change

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  1. 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. [Downloadable!]
  2. 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. [Downloadable!] (restricted)
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  3. 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.
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  4. Evenson, Robert E & Johnson, Daniel, 1997. "Introduction: Invention Input-Output Analysis," Economic Systems Research, Taylor and Francis Journals, vol. 9(2), pages 149-60, June.
  5. 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. [Downloadable!] (restricted)
  6. Kortum, Samuel & Putnam, Jonathan, 1997. "Assigning Patents to Industries: Tests of the Yale Technology Concordance," Economic Systems Research, Taylor and Francis Journals, vol. 9(2), pages 161-75, June.
  7. Kortum, Samuel & Lerner, Josh, 1999. "What is behind the recent surge in patenting?1," Research Policy, Elsevier, vol. 28(1), pages 1-22, January. [Downloadable!] (restricted)
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This page was last updated on 2009-12-8.


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