Linked by Thom Holwerda on Mon 11th Jul 2011 21:34 UTC, submitted by sb56637
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Member since:
2005-07-13
There is the concept of laches, which is sometimes used as a defense against submarine patents, that is similar to what you're suggesting. That is, if a patent holder sits on a patent knowing that it is being infringed and waiting for an optimum time to strike and maximize their return, they could very well lose their right to receive relief for that infringement.
It's not as straight-forward and clear cut as trademark law (protect it or lose it), and the time frames are in years and not months, but at least the conceptual framework is there and has been applied by the courts in the past.
But I don't think that will change anything either.