Q: What is the difference between an 'original' and a 'substitute' application?

According to MPEP 201.02 , there are important distinctions between 'original' and 'substitute' applications: Original Application: This term is used in patent statutes and rules to refer to an application that is not a reissue application. An original application can be either a first filing or a continuing application. Substitute Application: The MPEP defines a substitute application as follows: A "substitute" application is in essence the duplicate of an application by the same applicant abandoned before the filing of the later application. [...] A substitute application does not obtain the benefit of the filing date of the prior application. The key difference is that a substitute application does not retain the filing date of the prior application, unlike certain types of continuing applications. For more information on patent filing, visit: patent filing . For more information on substitute application, visit: substitute application .

Q: What is the difference between an 'original' and a 'substitute' application?

According to MPEP 201.02 , there are important distinctions between 'original' and 'substitute' applications: Original Application: This term is used in patent statutes and rules to refer to an application that is not a reissue application. An original application can be either a first filing or a continuing application. Substitute Application: The MPEP defines a substitute application as follows: A "substitute" application is in essence the duplicate of an application by the same applicant abandoned before the filing of the later application. [...] A substitute application does not obtain the benefit of the filing date of the prior application. The key difference is that a substitute application does not retain the filing date of the prior application, unlike certain types of continuing applications. For more information on patent filing, visit: patent filing . For more information on substitute application, visit: substitute application .

Question 1

What is the difference between an 'original' and a 'substitute' application?

Accepted Answer

According to MPEP 201.02, there are important distinctions between 'original' and 'substitute' applications:

Original Application: This term is used in patent statutes and rules to refer to an application that is not a reissue application. An original application can be either a first filing or a continuing application.

Substitute Application: The MPEP defines a substitute application as follows:

A "substitute" application is in essence the duplicate of an application by the same applicant abandoned before the filing of the later application. [...] A substitute application does not obtain the benefit of the filing date of the prior application.

The key difference is that a substitute application does not retain the filing date of the prior application, unlike certain types of continuing applications.

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

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

Question 2