How to file a substitute specification for a US Patent Application

To file a substitute specification for a US patent application, there are 3 required parts to submit to the USPTO.

  1. Marked-up copy with markings showing all the changes relative to the immediate prior version of the specification of record
  2. Clean copy (without markings)
  3. Signed statement that the substitute specification contains no new matter.

The ENTIRE specification is required for the marked-up and clean copies, not just the amended portion.

Marked up vs. clean copy

Marked up copy:

  • A version that shows ALL changes to the most recent specification of record with markings.
  • Additions of text are underlined.
  • Deletions of text are shown by strike-through, except double brackets

Clean copy:

  • A version that includes ALL changes to the most recent specification of record without markings.