Does it Matter Who Has the Right to Patent: First-to-Invent or First-to-File? Lessons from Canada

Working Paper: NBER ID: w14926

Authors: Shihtse Lo; Dhanoos Sutthiphisal

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.

Keywords: No keywords provided

JEL Codes: O3


Causal Claims Network Graph

Edges that are evidenced by causal inference methods are in orange, and the rest are in light blue.


Causal Claims

CauseEffect
first-to-file patent regime (O34)R&D efforts (O32)
first-to-file patent regime (O34)domestic-oriented industries (L69)
first-to-file patent regime (O34)ownership structure of patents (O34)
ownership structure of patents (O34)independent inventors and small businesses (O31)

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