Can a substitute statement be filed in a provisional application?
Can a substitute statement be filed in a provisional application?
No, a substitute statement cannot be filed in a provisional application. According to MPEP 604:
“A substitute statement is not available for provisional applications because provisional applications do not require an inventor’s oath or declaration.”
Provisional applications have different requirements compared to non-provisional applications. They are primarily used to establish an early filing date and do not require formal claims, oath, or declaration. Therefore, there is no need for a substitute statement in provisional applications.
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Topics:
Patent Law,
Patent Procedure