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

I. Introduction

Shifting the patent term to 20 years from the filing date (rather than 17 years from the issuance date) removes the incentive to delay.

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.

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

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

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

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"