At what point in the reexamination process can a title change be made?

According to MPEP 2660.02, a patent title change can be made at different points during the reexamination process:

1. Early in the prosecution:
   

   “The examiner should point out the need for the change as early as possible in the prosecution, as a part of an Office action.”

2. At the conclusion of the reexamination:
   

   “Where the examiner notes the need for a change at the time of issuing the NIRC, the examiner may make the change at that point, even though the patent owner will not have an opportunity to comment on the change.”

While the examiner should ideally identify the need for a title change early, they have the authority to make the change even at the final stages of the reexamination process.

To learn more:

• patent title change
• reexamination timeline
• examiner’s authority
• NIRC