What is a substitute specification in a reissue application?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. A substitute specification in a reissue application is a complete replacement of the original patent specification. According to MPEP 1453 : “A substitute specification is required in a reissue application, even where the only changes to be made to the specification are those required by 37 CFR 1.173(b)(1) and (d).” The substitute specification serves several purposes: It incorporates all changes made to the original patent specification. It ensures that the reissue specification is a complete and accurate representation of the intended patent document. It helps examiners and the public to easily identify and understand the changes made during the reissue process. When submitting a substitute specification, it must be accompanied by a statement that it contains no new matter relative to the original patent. This is crucial for maintaining the integrity of the patent and preventing the introduction of unauthorized changes. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Amendments Must Be Relative to Patent Specification MPEP 1453 Required Amendments to Original Patent Drawings Not Permitted MPEP 1453 Required Amendment Must Not Introduce New Matter in Reissue MPEP 1453 Prohibited Reissue Application Amendments Not Subject to Examiner’s Changes MPEP 1453 Amendments Must Be Relative to Patent MPEP 1453 Required Requirement for Changes to Computer Program Listing Appendix MPEP 1453 Required Changes to Sequence Listing Must Follow Specific Rules MPEP 1453 Required Changes to Sequence Listing XML Must Follow Specific Rules MPEP 1453 Required Reissue Application Must Reflect Reexamination Changes Without Italicization MPEP 1453 Required Format for Second Reissue Appli...