How is the title of the invention determined for a PCT national phase application?

The title of the invention for a PCT national phase application is determined as follows:

  • If an application data sheet (ADS) or preliminary amendment changing the title is not provided, the USPTO will use the title that appears on the first page of the description of:
    • The published international application (if published in English under PCT Article 21), or
    • The English translation of the international application (if not published in English under PCT Article 21)
  • If the title doesn’t appear on the first page of the description, and no ADS or preliminary amendment changing the title is provided, the title will be taken from the cover page of the published international application.
  • If an ADS or preliminary amendment changing the title is furnished, the USPTO will use the title indicated in that document.

As stated in the MPEP: If applicant furnishes an application data sheet or preliminary amendment changing the title, the Office will use the title as indicated in such document in preparing the official filing receipt.

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Tags: application data sheet, National Phase, PCT, Preliminary Amendment, title of invention