MPEP § 1893.03(e)(1) — Title of the Invention (Annotated Rules)

§1893.03(e)(1) Title of the Invention

USPTO MPEP version: BlueIron's Update: 2026-01-17

This page consolidates and annotates all enforceable requirements under MPEP § 1893.03(e)(1), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Title of the Invention

This section addresses Title of the Invention. Primary authority: 37 CFR 1.76), 37 CFR 1.76(d)(1), and 37 CFR 1.76(d)(2). Contains: 5 statements.

Key Rules

Topic

Statement Under Article 19

5 rules
StatutoryInformativeAlways
[mpep-1893-03-e-1-e6720530900ad31a4b6ace1d]
Title Must Reflect Published Application
Note:
The Office will use the title from the published international application or its English translation for the official filing receipt, unless changed by an application data sheet or preliminary amendment.

In the absence of an application data sheet (37 CFR 1.76) or preliminary amendment changing the title, the Office will use the title of the invention that appears on the first page of the description of the published international application (if published under PCT Article 21 in English) or the title that appears on the first page of the description of the English translation of the international application (if not published under PCT Article 21 in English) in preparing the official filing receipt. If the title does not appear on the first page of the description, and an application data sheet or preliminary amendment changing the title has not been furnished, then the title will be taken from the cover page of the published international application. 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. If applicant submits both an application data sheet and a preliminary amendment, the later filed document will govern. See 37 CFR 1.76(d)(1). An application data sheet will govern over a concurrently filed preliminary amendment. See 37 CFR 1.76(d)(2).

Jump to MPEP Source · 37 CFR 1.76)Statement Under Article 19PCT Description RequirementsPCT Article 19 Amendments
StatutoryInformativeAlways
[mpep-1893-03-e-1-d982fb2079092f41fdcc3ad1]
Title Not on Description Takes Cover Page Title
Note:
If the title does not appear on the first page of the description and no application data sheet or preliminary amendment changing the title has been furnished, then the title will be taken from the cover page of the published international application.

In the absence of an application data sheet (37 CFR 1.76) or preliminary amendment changing the title, the Office will use the title of the invention that appears on the first page of the description of the published international application (if published under PCT Article 21 in English) or the title that appears on the first page of the description of the English translation of the international application (if not published under PCT Article 21 in English) in preparing the official filing receipt. If the title does not appear on the first page of the description, and an application data sheet or preliminary amendment changing the title has not been furnished, then the title will be taken from the cover page of the published international application. 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. If applicant submits both an application data sheet and a preliminary amendment, the later filed document will govern. See 37 CFR 1.76(d)(1). An application data sheet will govern over a concurrently filed preliminary amendment. See 37 CFR 1.76(d)(2).

Jump to MPEP Source · 37 CFR 1.76)Statement Under Article 19PCT Description RequirementsPCT Article 19 Amendments
StatutoryInformativeAlways
[mpep-1893-03-e-1-0921c3c2bd012c7cdbe4c986]
Application Data Sheet Changes Title for Filing Receipt
Note:
If an application data sheet changing the title is submitted, the Office will use this new title in preparing the official filing receipt.

In the absence of an application data sheet (37 CFR 1.76) or preliminary amendment changing the title, the Office will use the title of the invention that appears on the first page of the description of the published international application (if published under PCT Article 21 in English) or the title that appears on the first page of the description of the English translation of the international application (if not published under PCT Article 21 in English) in preparing the official filing receipt. If the title does not appear on the first page of the description, and an application data sheet or preliminary amendment changing the title has not been furnished, then the title will be taken from the cover page of the published international application. 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. If applicant submits both an application data sheet and a preliminary amendment, the later filed document will govern. See 37 CFR 1.76(d)(1). An application data sheet will govern over a concurrently filed preliminary amendment. See 37 CFR 1.76(d)(2).

Jump to MPEP Source · 37 CFR 1.76)Statement Under Article 19PCT Article 19 AmendmentsPCT Description Requirements
StatutoryInformativeAlways
[mpep-1893-03-e-1-d6b842798b4783106d27172f]
Preliminary Amendment Takes Precedence Over Application Data Sheet
Note:
If both an application data sheet and a preliminary amendment are submitted, the later filed document will determine the title of the invention for official filing receipt purposes.

In the absence of an application data sheet (37 CFR 1.76) or preliminary amendment changing the title, the Office will use the title of the invention that appears on the first page of the description of the published international application (if published under PCT Article 21 in English) or the title that appears on the first page of the description of the English translation of the international application (if not published under PCT Article 21 in English) in preparing the official filing receipt. If the title does not appear on the first page of the description, and an application data sheet or preliminary amendment changing the title has not been furnished, then the title will be taken from the cover page of the published international application. 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. If applicant submits both an application data sheet and a preliminary amendment, the later filed document will govern. See 37 CFR 1.76(d)(1). An application data sheet will govern over a concurrently filed preliminary amendment. See 37 CFR 1.76(d)(2).

Jump to MPEP Source · 37 CFR 1.76)Statement Under Article 19PCT Article 19 AmendmentsPCT Description Requirements
StatutoryInformativeAlways
[mpep-1893-03-e-1-3768dc7914adf01b56b2c917]
Application Data Sheet Governs Concurrent Preliminary Amendment
Note:
An application data sheet takes precedence over a concurrently filed preliminary amendment in governing the title of the invention.

In the absence of an application data sheet (37 CFR 1.76) or preliminary amendment changing the title, the Office will use the title of the invention that appears on the first page of the description of the published international application (if published under PCT Article 21 in English) or the title that appears on the first page of the description of the English translation of the international application (if not published under PCT Article 21 in English) in preparing the official filing receipt. If the title does not appear on the first page of the description, and an application data sheet or preliminary amendment changing the title has not been furnished, then the title will be taken from the cover page of the published international application. 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. If applicant submits both an application data sheet and a preliminary amendment, the later filed document will govern. See 37 CFR 1.76(d)(1). An application data sheet will govern over a concurrently filed preliminary amendment. See 37 CFR 1.76(d)(2).

Jump to MPEP Source · 37 CFR 1.76)Statement Under Article 19PCT Article 19 AmendmentsPCT Description Requirements

Citations

Primary topicCitation
Statement Under Article 1937 CFR § 1.76
Statement Under Article 1937 CFR § 1.76(d)(1)
Statement Under Article 1937 CFR § 1.76(d)(2)
Statement Under Article 19PCT Article 21

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2026-01-17