What are the requirements for the title in an international design application?
The title in an international design application must designate the particular article in which the design is embodied. According to MPEP 2920.04(a), “The title of the design identifies the article in which the design is embodied by the name generally known and used by the public.” The title must correspond with the claim, but may be directed to the entire article while the claimed design is only a portion of the article.
If the application does not contain a title, the USPTO may establish one. Applicants can provide a title by:
- Furnishing it in an application data sheet (ADS) per 37 CFR 1.76
- Amending the specification per 37 CFR 1.121
If no title is provided, the USPTO will use the first listed product indication from the published international registration.
To learn more:
Topics:
MPEP 2900 - International Design Applications,
MPEP 2920.04 - Elements Of A Nonprovisional International Design Application,
Patent Law,
Patent Procedure