What happens if a substitute specification is denied entry?

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.

If a substitute specification is denied entry, it should be marked as such by the examiner. The MPEP provides a form paragraph (6.28.02) for notifying the applicant that a substitute specification has not been entered. The examiner will explain why the substitute specification is improper, which may include reasons such as:

• Missing statement regarding lack of new matter
• Failure to provide both clean and marked-up copies
• Submission in a reissue application or reexamination proceeding
• Submission after payment of the issue fee
• Inclusion of claims to be amended

If a substitute specification is denied entry, the applicant may need to address the issues raised and resubmit the specification or make alternative amendments to the original specification.