The Hidden Risk of Keeping a Patent Application Alive Too Long – Prosecution Laches. EP181

The Hidden Risk of Keeping a Patent Application Alive Too Long – Prosecution Laches. EP181

In this episode of The Patenting for Inventors Podcast, I explain prosecution laches, a rarely used but important doctrine that can create problems when a patent applicant keeps an application pending for an extraordinarily long time. I discuss when lengthy prosecution can become unreasonable or unfair, particularly when competitors have invested in products or industries while no enforceable patent existed, and why simply filing continuations or having a long prosecution history does not automatically create a problem. I also cover the historical "submarine patent" issue, the significance of very lengthy delays, and the recent Gilbert Hyatt litigation, including the Supreme Court's 2026 decision not to hear the case. Finally, I explain how inventors can legitimately use continuations while avoiding a prosecution history that looks like an attempt to wait for an industry to develop and then shape patent claims around successful competitors.

Denne episoden er hentet fra en åpen RSS-feed og er ikke publisert av Podme. Den kan derfor inneholde annonser.

Episoder(189)

Can You Patent a Smell? Ep. 180

Can You Patent a Smell? Ep. 180

In this episode I answer an unusual but very real intellectual-property question: Can you patent a smell? I explain why a scent itself generally cannot be patented, but the chemical composition that c...

22 Sep 10min

Lost in Translation: How Bad Patent Translations Can Kill Your Global Rights Ep. 179

Lost in Translation: How Bad Patent Translations Can Kill Your Global Rights Ep. 179

Lost in Translation: How Bad Patent Translations Can Kill Your Global Rights. Patent translation isn't simply about converting words from one language to another, it's about preserving the legal and t...

8 Sep 11min

Why Patent Examiners and Judges Don't Read Your Patent the Same Way Ep. 178

Why Patent Examiners and Judges Don't Read Your Patent the Same Way Ep. 178

In this episode I explain why a patent examiner and a judge may interpret the exact same patent claim differently. I break down the Patent Office's Broadest Reasonable Interpretation standard, how cou...

25 Aug 10min

How to Patent an Algorithm Without Saying "Algorithm" Ep. 177

How to Patent an Algorithm Without Saying "Algorithm" Ep. 177

You've built something smart. Really smart. But the second you say the word "algorithm," alarm bells start going off at the Patent Office. In this episode, we talk about how software inventions actual...

11 Aug 11min

Why Some Patent Applications Are Published and Others Are Kept Secret. EP176

Why Some Patent Applications Are Published and Others Are Kept Secret. EP176

Why does one patent show up online for the whole world to see while another seems to stay completely invisible for years? In this episode, we unpack the surprisingly strategic reasons behind patent pu...

28 Jul 11min

Patent Exhaustion - The Hidden Patent Rule Triggered by Your First Customer. EP175

Patent Exhaustion - The Hidden Patent Rule Triggered by Your First Customer. EP175

You finally make your first sale. Champagne moment. But what if that very first customer quietly flips a legal switch that limits what patent rights you can enforce going forward? In this episode, we ...

14 Jul 11min

You Patented It… But Did Open Source Just Blow It Up? The Legal Risks of Using Open Source Code Ep. 174

You Patented It… But Did Open Source Just Blow It Up? The Legal Risks of Using Open Source Code Ep. 174

You spent the time, filed the application, and finally got the patent. Everything feels locked in… until someone casually mentions that part of your product uses open-source code. Uh oh. In this episo...

30 Jun 10min

Populært innen Business og økonomi

stopp-verden
dine-penger-pengeradet
rss-penger-polser-og-politikk
e24-podden
rss-borsmorgen-okonominyhetene
rss-skravla-gar
rss-pa-konto
livet-pa-veien-med-jan-erik-larssen
pengepodden-2
rss-orjasater
lederpodden
finansredaksjonen
tid-er-penger-en-podcast-med-peter-warren
utbytte
stormkast-med-valebrokk-stordalen
morgenkaffen-med-finansavisen
rss-markedspuls-2
okonomiamatorene
liberal-halvtime
pengesnakk