The 2011 America Invents Act: Does it Undermine Innovation?

17 Pages Posted: 6 May 2015

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

Date Written: Summer 2015

Abstract

With the 2011 America Invents Act, the United States discarded its century‐old first‐to‐invent patent‐awarding system in favor of a first‐to‐file rule. Critics have argued that the first‐to‐file rule rewards speed in patent applications rather than creativity, thereby undermining innovation. We evaluate this concern within a dynamic model of a patent race, and find first‐to‐invent (weakly) more conducive to innovation than first‐to‐file. Defending prior users’ rights can promote both pro‐ and anti‐R&D effect of a switch to first‐to‐file.

Suggested Citation

Miyagiwa, Kaz, The 2011 America Invents Act: Does it Undermine Innovation? (Summer 2015). Journal of Economics & Management Strategy, Vol. 24, Issue 2, pp. 211-227, 2015. Available at SSRN: https://ssrn.com/abstract=2602989 or http://dx.doi.org/10.1111/jems.12092

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

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