I. Introduction
True innovation thrives on clarity; by closing the loopholes that allow submarine patents to exist, the legal system protects the honest inventor and the competitive market alike. ARTICLE - Houston Law Review 1229009
Shifting the patent term to 20 years from the filing date (rather than 17 years from the issuance date) removes the incentive to delay. Submarine patents undermine the spirit of the patent
Submarine patents undermine the spirit of the patent system by stifling innovation and creating legal uncertainty, necessitating modern reforms to ensure "submarine" tactics remain a relic of the past. II. The Mechanism of the "Submerge" Courts have used this doctrine to strike down
A submarine patent is a patent application kept intentionally pending for an extended period by filing broad claims and continuous amendments.
Courts have used this doctrine to strike down patents where the delay in prosecution was deemed unreasonable and prejudicial to the public. V. Conclusion