What 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 (for five or fewer consecutive characters).

The MPEP further states: “The paragraphs of any substitute specification, other than the claims, should be individually numbered in Arabic numerals (for example [0001]) so that any amendment to the specification may be made by replacement paragraph in accordance with 37 CFR 1.121(b)(1).”

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Topics: Patent Law, Patent Procedure
Tags: Clean Version, Formatting Requirements, Marked Up Copy, Substitute Specification