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Substitute Applications

A substitute application is essentially the duplicate of a previously abandoned application. Substitute applications must be filed by the same applicant and must have the same disclosure as the previous application.

A substitute application is an entirely new application and is never copending with the parent application. Therefore, the substitute application will not get the original filing date after it issues as a patent. A substitute application will not have been protected at all during the time between the filing of the parent and its filing date.  

These do not get the benefit of the filing date of the prior application.

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