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

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 d...

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Weitere Titel:
Does it Matter Who Has the Right to Patent
1. Verfasser:
Lo, Shih-tse
Körperschaft:
National Bureau of Economic Research
Weitere Verfasser:
Sutthiphisal, Dhanoos
Format:
Elektronisch E-Book
Sprache:
Englisch
Veröffentlicht:
Cambridge, Mass. National Bureau of Economic Research 2009.
Zusammenfassung:
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.
Umfang:
1 online resource: illustrations (black and white);
Anmerkungen:
April 2009.
Schlagworte: