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Shifting the patent term to 20 years from the filing date (rather than 17 years from the issuance date) removes the incentive to delay.

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 1229009

In many jurisdictions, patents are now published 18 months after filing, making it harder to stay "submerged." Shifting the patent term to 20 years from

A submarine patent is a patent application kept intentionally pending for an extended period by filing broad claims and continuous amendments. 1229009

Courts have used this doctrine to strike down patents where the delay in prosecution was deemed unreasonable and prejudicial to the public. V. Conclusion