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The patent is allowed to "surface" only after an industry has innocently adopted the technology, at which point the inventor demands massive royalties or files infringement lawsuits. III. Impact on Innovation and Competition

Courts have used this doctrine to strike down patents where the delay in prosecution was deemed unreasonable and prejudicial to the public. V. Conclusion

A submarine patent is a patent application kept intentionally pending for an extended period by filing broad claims and continuous amendments. 1229009

Companies are hesitant to invest in new R&D if they fear a hidden patent might suddenly appear and render their product illegal or unprofitable.

Shifting the patent term to 20 years from the filing date (rather than 17 years from the issuance date) removes the incentive to delay. The patent is allowed to "surface" only after

In the world of intellectual property, transparency is usually the goal. However, some inventors use "submarine patents" to turn the legal system into a trap.

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 Shifting the patent term to 20 years from

Instead of rewarding true advancement, the system rewards those who can best manipulate administrative timelines.