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By filing a series of "continuing applications," the inventor keeps the patent "alive" and unissued in the patent office for decades.
Courts have used this doctrine to strike down patents where the delay in prosecution was deemed unreasonable and prejudicial to the public. V. Conclusion 1229009
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 By filing a series of "continuing applications," the
Inventors file applications with vague or expansive language. 1229009
Usually, companies can "design around" a known patent. With submarine patents, there is no public disclosure to design around until it is too late. IV. Legal Responses and Modern Reforms