When can an applicant voluntarily submit a substitute specification?
An applicant can voluntarily submit a substitute specification at any point up to the payment of the issue fee, subject to certain conditions. 37 CFR 1.125(b) states:
Subject to § 1.312, a substitute specification, excluding the claims, may be filed at any point up to payment of the issue fee if it is accompanied by a statement that the substitute specification includes no new matter.
It’s important to note that the substitute specification must not introduce new matter and must be accompanied by a statement confirming this fact. Additionally, the claims are excluded from this voluntary submission process.
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Topics:
Patent Law,
Patent Procedure