| The W.I.P.O. Patent Harmonization Treaty proposes to harmonize international patent law, principally by switching the United States over to a First-To-File system while guaranteeing stronger protection for U.S. inventors elsewhere. Available data on national economic standing and national technological output unanimously suggest that the U.S. maintains its position as the world leader in generating innovations. Further, primary and secondary accounts of the Invention-To-Innovation Process demonstrate that the gap between conception and patent filing, protected under First-To-Invent but not under First-To-File, enables innovators to better prove out, commercialize, and protect their ideas.;Without this gap, innovators will be required to speed up the process of bringing an idea to patent. This will result in less-informed judgements on research projects, additional expenses incurred on projects which are funded, less diversity in research paths and programs, and more poorly written patents (with less consequent protection). Because all of these outcomes are subject to the substantial economies of scale and steep learning curve of innovation, small entity innovators, especially those not geared to commercializing their own ideas, will be particularly disadvantaged by a switch to First-To-File.;Given the lack of good arguments for First-To-File and the seemingly dire prospects it promises, we need more and better information before making such a change. Without better evidence of benefits to the United States, there is no compelling reason to switch. |
