How does a substitute application differ from a continuing application?

A substitute application is distinct from a continuing application in several ways. According to MPEP 201.02:

‘A substitute application is an application which is filed to take the place of a prior application and which is identified as such and discloses and claims only subject matter disclosed in the prior application.’

Key differences include:

• A substitute application replaces the prior application entirely, while a continuing application coexists with the prior application.
• Substitute applications only claim subject matter from the prior application, whereas continuing applications may introduce new matter (in the case of continuation-in-part applications).
• The filing of a substitute application typically results in the abandonment of the prior application, which is not necessarily the case with continuing applications.

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