How are substitute specifications handled in current USPTO practice?
Current USPTO practice regarding substitute specifications is as follows:
- Applicants may voluntarily file proper substitute specifications.
- The Office normally accepts proper substitute specifications, even if not required by the examiner.
- Substitute specifications filed after the notice of allowance are not automatically accepted.
As stated in MPEP 714.20: “Under current practice, substitute specifications may be voluntarily filed by the applicant if he or she desires. A proper substitute specification will normally be accepted by the Office even if it has not been required by the examiner. However, entry of a substitute specification filed after the notice of allowance has been mailed (37 CFR 1.312) is not a matter of right.”
For more information on substitute specifications, refer to 37 CFR 1.125 and MPEP § 608.01(q).
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