Monday, October 6, 2014
Prior Art Question
Disclosing the improvement. When an improvement is made to an invention, the applicant can cover it by (a) the existing application if the claims are broad enough and the improvement is disclosed in the specification, (b) a CIP (Continuation-in-Part application) if they have to add new matter to the specification to support the new claims, or (c) a continuation application if the improvement is already supported by the specification, or (d) an independent new application if they have to add new matter to the specification to support the claims. In case (d) the independent application’s claims should be patentable over anything that was published previously and any patent that was filed before the filing date of the independent application.