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
A submarine patent is a patent application kept intentionally pending for an extended period by filing broad claims and continuous amendments. 1229009
Instead of rewarding true advancement, the system rewards those who can best manipulate administrative timelines. Usually, companies can "design around" a known patent
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 1229009