Improvements to Prior Filed Application

Posted Sunday, May 31, 2009 by Jim Ruttler.

When an inventor has already filed a patent application and develops new improvements to the subject matter contained within the prior filed application, it is necessary to file a new patent application directed towards the new improvements. However, there is a risk that the prior filed patent application or any public disclosure or commercialization of the prior subject matter will be cited against the follow up application during examination. This would occur when the prior filed patent application has been published for more than a year or when the subject matter contained within that prior filed patent application has been publicly disclosed or commercialized for more than one year. If this occurs, the prior filed application or subject matter can be cited against the follow up application and the follow up application would have to be independently novel in order to gain allowance. However, this is not an issue so long as the prior filed patent application has not been published for more than a year and the subject matter contained therein has not been publicly disclosed or commercialized for more than one year.

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