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
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. Usually, companies can "design around" a known patent
I. Introduction
