Simple English definitions for legal terms
Read a random definition: termination hearing
Substitute Application
A substitute application is a duplicate patent application filed after the response period for a first office action has expired and the first application has been deemed abandoned. It carries some danger for the applicant as the original filing date is lost, and any developments since that date become prior art that the examiner must consider before granting the patent.
These examples illustrate how a substitute application is used when the original patent application is abandoned or has errors that cannot be corrected. It allows the applicant to start the process again, but they lose the original filing date and any developments since that date become prior art.