Submarine Patent14 Oct 2021 20:01
I'm no expert on patents but did a bit of research. From what I understand we don't have to release its details as any company that uses is in effect paying royalties if their technology advancement finds a future use to said updated patent. Which can remain 'underwater. So this is a copy re submarine patents
The key difference between the pre-1995 17-year patent term and the current 20-year patent term is the start date. Currently, once you file a patent application the clock is ticking down on the 20 years. There are provisions to add some time to that 20-year calculation. These provisions mostly account for government delays like slow patent examination or hold-ups in the FDA approval process.
However, the 17-year patent term only starts when the patent actually issues. Therefore, when the patent examiner “allows” your patent application, you do not let it “grant.” That would start your 17-year term. Rather, you file a “continuation” to keep it “underwater” or “pending.” During this time, competitors develop and adopt the technology. Once the industry embraces the technology, you finally allow your submarine patent to “surface.” This starts your 17-year patent term. However, now the technology is ubiquitous and you have greater leverage to force a settlement or payout.
And this our October 1802 patent update
The patent (US 11,154,539) will grant on 26 October 2021 and will protect the SDC-1802 molecule and pharmaceutical preparations thereof as a therapeutic to treat cancer selected from pancreatic, colorectal and kidney cancers, melanoma, and B-cell lymphoma by inhibiting TYK2 kinase. This programme is in preclinical development.
So really love some thoughts re submarine patent. Have we got the patent for something that will be exponential in all big pharmas wanting a piece of it and to develop at their own cost and direction? Which we would act as advisors but due to NDAs cannot reveal their direction? But take multiple licences and royalties?
Anyhow just a muse.
Best regards Steadydanny