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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