MPEP Section 201.09, Substitute Application
Executive summary:
This document contains Section 201.09 ("Substitute Application ") of the Manual of Patent Examining Procedure (the "M.P.E.P."), Eighth Edition, Eighth Revision (July 2010). This page was last updated in January 2011. You may return to the section index to find a particular section. Alternatively, you may search the MPEP using the search box that appears on the left side of every page of BitLaw--you may restrict your search to the MPEP on the search results page.
For more information on patent law, please see the Patent Section of BitLaw. For patent services, see the Beck & Tysver pages.
Previous Section (§201.08) | Next Section (§201.10)
201.09 Substitute Application [R-5]
The use of the term "Substitute" to designate any application which is in essence the duplicate of an application by the same applicant abandoned before the filing of the later application, finds official recognition in the decision Ex parte Komenak, 45 USPQ 186, 1940 C.D. 1, 512 O.G. 739 (Comm'r Pat. 1940). Current practice does not require applicant to insert in the specification reference to the earlier application; however, attention should be called to the earlier application. The notation in the file history (see MPEP § 202.02) that one application is a "Substitute" for another is printed in the heading of the patent copies. See MPEP § 202.02.
As is explained in MPEP § 201.11, a "Substitute" does not obtain the benefit of the filing date of the prior application.
Use form paragraph 2.07 to remind applicant of possible substitute status.
**>¶ 2.07 Definition of a Substitute
Applicant refers to this application as a "substitute" of Application No. [1], filed [2]. The use of the term "substitute" to designate an application which is in essence the duplicate of an application by the same applicant abandoned before the filing of the later case finds official recognition in the decision, Ex parte Komenak, 45 USPQ 186, 1940 C.D. 1, 512 O.G. 739 (Comm'r Pat. 1940). The notation on the file wrapper (See MPEP § 202.02) that one case is a "substitute" for another is printed in the heading of the patent copies. A "substitute" does not obtain the benefit of the filing date of the prior application.
<