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Patent ambush

Revision as of 14:05, 22 October 2010 by Ciaran (talk | contribs) (laches - that's something we'll have to document alright)

Patent ambush is where a patent holder waits until a technology becomes popular, or until a company becomes rich, before launching an unexpected patent suit. The patents used in a patent ambush are often called "submarine patents" (although this term's original meaning was only for a certain type of ambush).

This problem exists in all patentable domains but it is particularly unjust in the case of software because the use of software is essential to almost every company, and distribution and development of software is very common (keeping in mind that developing a website is software development).

Some countries' legal traditions include an equitable defense called "laches". If an alleged infringer can show that the patent holder has harmed the alleged infringer by waiting to assert a patent, the patent holder's claims for back damages are estopped by laches, and the alleged infringer is not liable. But unfortunately, this is not easy to show in court, and the patent holder can still seek an injunction.

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