Legal Definitions - rewritten specification

A rewritten specification refers to a complete replacement document for the detailed description of an invention that is part of a patent application. It is submitted to the patent office to take the place of an earlier version of the specification, often because the original was lost, damaged, or found to be non-compliant with legal or formal requirements.

Here are some examples to illustrate this concept:

• Imagine a scenario where a brilliant inventor submits a comprehensive paper document detailing their new energy-efficient engine to the patent office. Unfortunately, due to an administrative error, the original paper specification is misplaced within the patent office's archives. To ensure the application can proceed, the patent office requests the inventor to provide a rewritten specification—essentially, a fresh, identical copy of the original document—to replace the lost one. This new submission then becomes the official record for the patent application.

• Consider a company applying for a patent on a complex software algorithm. After reviewing the initial submission, the patent examiner determines that certain sections of the original specification are unclear, contain ambiguous language, or do not fully describe how the invention works, as required by law. The examiner issues an office action, rejecting the original specification and requiring the applicant to submit a revised version that addresses these deficiencies. The company then prepares and submits a rewritten specification, which is a completely new document that clarifies the invention's details and replaces the problematic original in the application file.

• Suppose a patent application, including its detailed specification, was submitted electronically. However, due to a technical glitch or data corruption, the digital file of the specification becomes unreadable or incomplete on the patent office's servers. To maintain a complete and accurate record of the application, the patent office might ask the applicant to provide a rewritten specification. This would involve resubmitting the entire, correct digital file of the specification to replace the corrupted version, ensuring all details of the invention are properly recorded.