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Simple English definitions for legal terms
prosecution-laches doctrine
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A quick definition of prosecution-laches doctrine:
The prosecution-laches doctrine is a defense used in patent infringement cases. It claims that the patent owner intentionally delayed the issuance of the patent by filing multiple applications that added new claims to cover products or processes that were not covered in the original application. This defense is also known as the continuation-application laches doctrine and is used to prevent "submarine patents" from being granted.
A more thorough explanation:
The prosecution-laches doctrine is a legal defense used in patent infringement cases. It is based on the argument that the patent holder intentionally delayed the issuance of the patent by filing multiple continuing applications that added new patent claims to cover products or processes used after the original application was filed.
For example, if a company filed for a patent on a new type of smartphone, but then continued to file additional applications to cover new features added to the phone, a defendant in an infringement case could argue that the patent holder intentionally delayed the issuance of the patent to gain an unfair advantage.
The prosecution-laches doctrine is also sometimes referred to as the continuation-application laches doctrine or the submarine patent.