Inventors file applications with vague or expansive language.
While the patent system was designed to promote "the Progress of Science and useful Arts," submarine patents do the opposite by rewarding secrecy over disclosure.
Instead of rewarding true advancement, the system rewards those who can best manipulate administrative timelines.
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.
In many jurisdictions, patents are now published 18 months after filing, making it harder to stay "submerged."
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
Courts have used this doctrine to strike down patents where the delay in prosecution was deemed unreasonable and prejudicial to the public. V. Conclusion
Inventors file applications with vague or expansive language.
While the patent system was designed to promote "the Progress of Science and useful Arts," submarine patents do the opposite by rewarding secrecy over disclosure.
Instead of rewarding true advancement, the system rewards those who can best manipulate administrative timelines.
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.
In many jurisdictions, patents are now published 18 months after filing, making it harder to stay "submerged."
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
Courts have used this doctrine to strike down patents where the delay in prosecution was deemed unreasonable and prejudicial to the public. V. Conclusion
