Question
I have filed for a U.S. patent for a new kind of data processing method in 2014. The patent has just been issued. If I want to patent further improvements to my own, patented data processing method (an "improvement patent" this is called I believe) in say 2016 or 2017, can I cite my 1st patent (which I am the legal owner of and will continue to be) and file a 2nd patent that adds new functions to, and thus improves on, the data processing method disclosed in the original 1st patent from 2014? Thanks!
Answers: 2 public & 0 private
Such an 'improvement' patent application will be no more or no less than a normal patent application. The only difference is that there is a piece of prior art (your first patent) that may or may not be held against you. Further, your first patent may not only be regarded as prior art (if and how will depend on the publication data of the patent application and the filing data of your new application) but it will also prevent you to be allowed claims that overlap with the claims that have been granted already. This is called the prohibition of 'statutory type double patenting'. If claims would overlap, the solution would be to file a so-called terminal disclaimer in the newer patent which would set the expiry date of the ne patent equal to the expiry date of the earlier patent.
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