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

I. Introduction

In many jurisdictions, patents are now published 18 months after filing, making it harder to stay "submerged." 1229009

Inventors file applications with vague or expansive language. A submarine patent is a patent application kept

Shifting the patent term to 20 years from the filing date (rather than 17 years from the issuance date) removes the incentive to delay. 1229009

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

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