@techreport{NBERw14926, title = "Does it Matter Who Has the Right to Patent: First-to-invent or First-to-file? Lessons From Canada", author = "Shih-tse Lo and Dhanoos Sutthiphisal", institution = "National Bureau of Economic Research", type = "Working Paper", series = "Working Paper Series", number = "14926", year = "2009", month = "April", URL = "http://www.nber.org/papers/w14926", 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.}, }