International Harmonization of the Patent-Issuing Rules

31 Pages Posted: 22 Mar 2012

See all articles by Kaz Miyagiwa

Kaz Miyagiwa

Emory University - Department of Economics; Osaka University - Institute of Social and Economic Research (ISER); Florida International University (FIU) - Department of Economics

Yuka Ohno

affiliation not provided to SSRN

Date Written: March 22, 2012

Abstract

With the America Invents Act of 2011, the U.S. changed its patent-issuing rule from first-to-invent to first-to-file, the international norm. We investigate the effect of such a policy change in a two-country model of R&D competition for two sequential (basic and final) inventions. We find that a switch never speeds up basic research. A delay is more likely especially in industries where the final product generates more value in the U.S. Simulations show that a delay in basic research also retards final invention, decreasing world welfare.

Keywords: TRIPS, first-to-file, first-to-invent, international patent law harmonization, sequential innovation, R&D competition

JEL Classification: F1, O3

Suggested Citation

Miyagiwa, Kaz and Ohno, Yuka, International Harmonization of the Patent-Issuing Rules (March 22, 2012). ISER Discussion Paper No. 837. Available at SSRN: https://ssrn.com/abstract=2027270 or http://dx.doi.org/10.2139/ssrn.2027270

Kaz Miyagiwa (Contact Author)

Emory University - Department of Economics ( email )

1602 Fishburne Drive
Atlanta, GA 30322
United States

Osaka University - Institute of Social and Economic Research (ISER) ( email )

6-1 Mihogaoka
Ibaraki Osaka 567-0047
Japan

Florida International University (FIU) - Department of Economics ( email )

Miami, FL 33199
United States

Yuka Ohno

affiliation not provided to SSRN ( email )

Register to save articles to
your library

Register

Paper statistics

Downloads
32
Abstract Views
473
PlumX Metrics