Submarine patent threat still valid?
Posted Feb 5, 2010 21:38 UTC (Fri) by giraffedata
In reply to: Submarine patent threat still valid?
Parent article: HTML5 video element codec debate reignited
But we're not talking about nondisclosed patents here. A submarine patent is a patent that doesn't exist yet.
So you'd have to go further with estoppel and find a duty of an inventor to meet some standard of effort in getting the patent office to grant the patent quickly. It would be rather difficult to prove that the patent didn't issue sooner because the inventor wanted people to use the invention royalty-free during that time.
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