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…

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How 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…

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What 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…

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Are 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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