How is the title established for an international design application if not provided by the applicant?

If an applicant does not provide a title for an international design application, the United States Patent and Trademark Office (USPTO) will establish one. According to MPEP 2920.04(a):

“In the absence of an application title furnished by the applicant, the Office will establish a title by retrieving the first listed product indication appearing on the published international registration (INID code 54).”

Key points about this process:

  • The title is established based on the product indication in the international registration
  • The established title will appear on the official filing receipt and/or bibliographic data sheet
  • The examiner may amend the established title without applicant approval if necessary for consistency with the claim

It’s important to note that while applicants can provide a title, the Hague Agreement does not require application titles for international design applications. However, a proper title is necessary for U.S. design patent applications.

To learn more:

Topics: MPEP 2900 - International Design Applications, MPEP 2920.04(A) - Specification, Patent Law, Patent Procedure
Tags: Design Application Title, International Design Application, MPEP 2920.04(A)