What is a substitute 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 a type of national application that is filed to replace a previously filed non-provisional or provisional application. It is used when an applicant wants to start over with a new application while maintaining the benefit of the earlier filing date for common subject matter.

Key points about substitute applications:

• They are treated as new applications and receive a new application number.
• The previously filed application is considered to be abandoned as of the filing date of the substitute application.
• Substitute applications can claim the benefit of the earlier application’s filing date for common subject matter.
• They must be filed while the earlier application is still pending.
• Applicants must file a copy of the original application, specification, drawings, and amendments, if any, and a new oath or declaration.

For more information, see MPEP 201.09 and 37 CFR 1.53.