What is a Submarine Patent? A Deep Dive into Its Legal Definition

Q: Are submarine patents legal?

Yes, submarine patents are a legal strategy within the patent system.

Q: How can I protect myself from submarine patents?

Conduct patent searches and consult with legal professionals to understand potential risks.

Definition & Meaning

A submarine patent refers to a patent that is intentionally delayed by the applicant during the prosecution process. This delay allows others, who may be infringing on the patent, to develop their products or services without immediate consequences. The applicant aims to capitalize on these developments once the patent is eventually granted, potentially seeking licensing fees from those who have unknowingly used the invention. Since November 29, 2000, patent applications must be published within 18 months of filing, making submarine patents much less common today.

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Legal Use & context

Submarine patents are primarily relevant in the field of intellectual property law. They can arise in various contexts, including technology, pharmaceuticals, and other industries where innovation is rapid. Legal practitioners may encounter submarine patents when advising clients on patent strategies, infringement issues, or licensing agreements. Users can manage some aspects of patent applications and related documentation through legal templates provided by platforms like US Legal Forms.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

(hypothetical example) A technology company files a patent application for a new software algorithm but intentionally delays its prosecution. During this time, a competitor develops a similar product based on the algorithm. Once the patent is granted, the original applicant can approach the competitor to negotiate licensing fees for the use of the patented technology.

Comparison with related terms

Term	Description	Difference
Regular Patent	A patent that is prosecuted and granted without intentional delays.	Submarine patents involve intentional delays to exploit later developments.
Provisional Patent	A temporary patent that secures a filing date for one year.	Provisional patents do not involve the same strategic delays as submarine patents.

Common misunderstandings

What to do if this term applies to you

If you suspect that a submarine patent may affect your business, consider the following steps:

Conduct a thorough patent search to identify any potential submarine patents that may apply to your products or services.
Consult with a patent attorney to understand your rights and options for licensing or challenging the patent.
Explore US Legal Forms for templates related to patent applications and licensing agreements to assist in your legal processes.

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Quick facts

Attribute	Details
Typical Fees	Varies based on legal representation and filing fees.
Jurisdiction	Federal law governs patent applications in the U.S.
Possible Penalties	Infringement may lead to licensing fees or litigation.

Key takeaways

Frequently asked questions

What is a submarine patent?

A submarine patent is a patent that is intentionally delayed in prosecution to allow infringers to develop their products before the patent is granted.