What is a substitute application?

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.