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I. Introduction
Instead of rewarding true advancement, the system rewards those who can best manipulate administrative timelines. 1229009
Inventors file applications with vague or expansive language. Courts have used this doctrine to strike down
Courts have used this doctrine to strike down patents where the delay in prosecution was deemed unreasonable and prejudicial to the public. V. Conclusion However, some inventors use "submarine patents" to turn
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.
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 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