Competition, Innovation and Racing for Priority at the U.S. Patent and Trademark Office
45 Pages Posted: 24 Oct 2005
Date Written: September 2, 2005
Abstract
The U.S. Patent and Trademark Office resolves patent priority disputes in patent interference cases. Using a random sample of cases declared between 1988 and 1994, we establish a connection between patent interferences and patent races, and then use the data to consider some key issues in dynamic competition and innovation. We look at the incidence and distribution of patent races by technology, evidence for strategic delay of innovation by incumbent firms, and evidence that patent races moderate incentives to delay. Our results have implications for patent policy in general and for evaluating the U.S. "first to invent" patent priority rule.
Keywords: patent race, patent interference, US Board of Patent Appeals and Interferences, patent litigation, innovation, research and development
JEL Classification: K41, L20, O31, O34
Suggested Citation: Suggested Citation
Do you have negative results from your research you’d like to share?
Recommended Papers
-
First-to-Invent Versus First-to-File: International Patent Law Harmonization and Innovation
By Kaz Miyagiwa
-
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