Does it matter who has the right to patent : first-to-invent or first-to-file? lessons from Canada / Shih-tse Lo, Dhanoos Sutthiphisal.

By: Lo, Shih-tse, 1972-Contributor(s): Sutthiphisal, Dhanoos, 1973- | National Bureau of Economic ResearchMaterial type: TextTextSeries: Working paper series (National Bureau of Economic Research) ; no. 14926.Publication details: Cambridge, MA : National Bureau of Economic Research, 2009Description: 48 p. : ill. ; 22 cmSubject(s): Patent laws and legislation -- Economic aspects -- CanadaLOC classification: HB1 | .N38 no.14926Online resources: Click here to access online Summary: 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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Research Papers HB1.N38 no.14926 (Browse shelf (Opens below)) 1 Available 0013125646

Includes bibliographical references (p. 33-36).

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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