The America Invents Act and innovation by small entities
- UNCG Author/Contributor (non-UNCG co-authors, if there are any, appear on document)
- Satyaki Chakravarty (Creator)
- Institution
- The University of North Carolina at Greensboro (UNCG )
- Web Site: http://library.uncg.edu/
- Advisor
- Martijn van Hasselt
Abstract: This dissertation studies patenting activity by small U.S. entities before and after the passage of the Leahy-Smith America Invents Act (AIA) of 2011 which changed the patenting rule in the United States from a first-to-invent to a first-inventor-to-file system. Prior to the AIA, entities had the benefit of flexibility on when to file for patents but this benefit came at a cost; it created uncertainty in an atmosphere of litigative behavior about the date of the invention. To curb litigation, the AIA intended to reward disclosure of inventions through patent filing, but this added to the already constrained budget of small entities. Contrary to the AIA’s intentions, the results indicate a decline in patenting activity post-AIA for all entities, and a widened gap between small and large entities compared to the pre-AIA period. Further, a higher exposure to litigation results in a decline in patents filed, but the rate of decline stalls post-AIA. This dissertation makes two contributions. First, it provides empirical evidence about the impact of AIA on small entities’ patenting behavior and empirically tests if the concerns laid out by legislators prior to the AIA’s enactment hold. Second, it lays out important differences between small and large entities’ portfolio of patents and their incentive to file for patent rights.
The America Invents Act and innovation by small entities
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Created on 5/1/2024
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Additional Information
- Publication
- Dissertation
- Language: English
- Date: 2024
- Keywords
- America Invents Act, Invention disclosure, Patent, Small entity
- Subjects
- United States $t Leahy-Smith America Invents Act
- Small business $x Technological innovations $z United States
- Patent laws and legislation $z United States