How are substitute specifications handled in current USPTO practice?

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.

Current USPTO practice regarding substitute specifications is as follows:

• Applicants may voluntarily file proper substitute specifications.
• The Office normally accepts proper substitute specifications, even if not required by the examiner.
• Substitute specifications filed after the notice of allowance are not automatically accepted.

As stated in MPEP 714.20: “Under current practice, substitute specifications may be voluntarily filed by the applicant if he or she desires. A proper substitute specification will normally be accepted by the Office even if it has not been required by the examiner. However, entry of a substitute specification filed after the notice of allowance has been mailed (37 CFR 1.312) is not a matter of right.”

For more information on substitute specifications, refer to 37 CFR 1.125 and MPEP § 608.01(q).