Can a patent owner contest a title change during reexamination?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29
This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.
While a patent owner can comment on a proposed title change during reexamination, the final decision rests with the examiner. The MPEP 2660.02 clearly states:
“While a change in the title may be commented on by the patent owner, the final decision as to the change is that of the examiner, and the examiner’s decision is not subject to review.”
This means that even if the patent owner disagrees with the proposed change, they cannot formally contest or appeal the examiner’s decision regarding the title change.
Topics:
MPEP 2600 - Optional Inter Partes Reexamination
MPEP 2660.02 - The Title
Patent Law
Patent Procedure