First-to-Invent Versus First-to-File: International Patent Law Harmonization and Innovation
29 Pages Posted: 17 Dec 2007
Date Written: November 1, 2007
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.
Keywords: first-to-file, first-to-invent, patent law harmonization, innovation, U.S. patent law
JEL Classification: L3, O31,O34
Suggested Citation: Suggested Citation
Do you have a job opening that you would like to promote on SSRN?
Recommended Papers
-
Competition, Innovation and Racing for Priority at the U.S. Patent and Trademark Office
By Linda R. Cohen and Jun Ishii
-
Does it Matter Who Has the Right to Patent: First-to-Invent or First-to-File? Lessons from Canada
By Shih-tse Lo and Dhanoos Sutthiphisal
-
International Harmonization of the Patent-Issuing Rules
By Kaz Miyagiwa and Yuka Ohno