We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
The 2011 America Invents Act: Does it Undermine Innovation?
- Authors
Miyagiwa, Kaz
- 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.
- Subjects
UNITED States; PATENT law; CREATIVE ability; TECHNOLOGICAL innovations; DYNAMIC models; RESEARCH &; development
- Publication
Journal of Economics & Management Strategy, 2015, Vol 24, Issue 2, p211
- ISSN
1058-6407
- Publication type
Article
- DOI
10.1111/jems.12092