Most new products are developed in stages. This is particularly true when only one or two inventors are involved and research is often needed. Sometimes what appears to be a minor improvement will be significant in the Patent Office, particularly, if functionality is the issue. Under U.S. law, an inventor can link a new Patent Application to a previous Patent Application, if the older one is still pending in the Patent Office. Based upon your fact pattern, it would seem that you would be well-advised to move forward immediately if you can link to your previous Patent Application. You should seek the advice of Counsel here, to make sure that that you don't lose any rights here. Good luck!
Answered on May 27th, 2015 at 10:47 AM