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First-to-invent versus First-to-file: International Patent Law Harmonization and Innovation

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  • Kaz Miyagiwa

Abstract

The U.S. has been under pressure to abandon the unique first-to-invent feature of its patent law for awarding patents. The opposition to reform however argues that switch to a first-to-file rule, the international norm, will undermine innovation. We evaluate this argument in a dynamic stochastic model of a patent race. The result generally supports the opposition's argument.

Suggested Citation

  • 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.
    • Handle: RePEc:dpr:wpaper:0703
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    File URL: https://www.iser.osaka-u.ac.jp/library/dp/2007/DP0703.pdf
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    Cited by:

    1. 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.

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