How does a substitute application differ from a continuing application?

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.

A substitute application is distinct from a continuing application in several ways. According to MPEP 201.02:

‘A substitute application is an application which is filed to take the place of a prior application and which is identified as such and discloses and claims only subject matter disclosed in the prior application.’

Key differences include:

• A substitute application replaces the prior application entirely, while a continuing application coexists with the prior application.
• Substitute applications only claim subject matter from the prior application, whereas continuing applications may introduce new matter (in the case of continuation-in-part applications).
• The filing of a substitute application typically results in the abandonment of the prior application, which is not necessarily the case with continuing applications.

For more information on patent prosecution, visit: patent prosecution.

For more information on substitute application, visit: substitute application.