What is a substitute application?
A substitute application is a type of national application that is filed to replace a previously filed non-provisional or provisional application. It is used when an applicant wants to start over with a new application while maintaining the benefit of the earlier filing date for common subject matter.
Key points about substitute applications:
- They are treated as new applications and receive a new application number.
- The previously filed application is considered to be abandoned as of the filing date of the substitute application.
- Substitute applications can claim the benefit of the earlier application’s filing date for common subject matter.
- They must be filed while the earlier application is still pending.
- Applicants must file a copy of the original application, specification, drawings, and amendments, if any, and a new oath or declaration.
For more information, see MPEP 201.09 and 37 CFR 1.53.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority Claims,
MPEP 201 - Types of Applications,
Patent Law,
Patent Procedure