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…
Read MoreHow should changes to the specification be made in a patent application amendment?
Changes to the specification in a patent application amendment should be made as follows: By adding, deleting, or replacing a paragraph By replacing a section By providing a substitute specification The MPEP states: In order to delete, replace or add a paragraph to the specification of an application, the amendment must unambiguously identify the paragraph…
Read MoreWhat happens if a substitute specification is denied entry?
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…
Read MoreWhat are the formatting requirements for a substitute specification?
A substitute specification must be submitted with specific formatting requirements as outlined in 37 CFR 1.125(c): A clean version (without markings) must be provided. A marked-up copy showing all changes relative to the prior version must be submitted. Added text must be shown by underlining. Deleted text must be shown by strike-through or double brackets…
Read MoreWhat is a substitute specification in patent applications?
A substitute specification is a rewritten version of the entire specification or a part of it in a patent application. It may be required by the USPTO or voluntarily submitted by the applicant under certain conditions. According to 37 CFR 1.125(a): If the number or nature of the amendments or the legibility of the application…
Read MoreAre substitute specifications allowed in reissue applications or reexamination proceedings?
No, substitute specifications are not permitted in reissue applications or reexamination proceedings. This is explicitly stated in 37 CFR 1.125(d): A substitute specification under this section is not permitted in a reissue application or in a reexamination proceeding. This restriction is important to maintain the integrity of the original patent document in these special proceedings.…
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