What is a substitute specification in a reissue application?
What is a substitute specification in a reissue application?
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.
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