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 of new matter
- Failure to provide both clean and marked-up copies
- Submission in a reissue application or reexamination proceeding
- Submission after payment of the issue fee
- Inclusion of claims to be amended
If a substitute specification is denied entry, the applicant may need to address the issues raised and resubmit the specification or make alternative amendments to the original specification.
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Topics:
Patent Law,
Patent Procedure