Can an examiner change the title of an invention without applicant’s authorization?
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.
Yes, an examiner can change the title of an invention without the applicant’s authorization under certain circumstances. According to MPEP 1302.04:
“Where the title is not descriptive of the invention claimed, the examiner should change the title to one that is clearly indicative of the invention to which the claims are directed, correcting minor errors in spelling along the way, but leaving all minor errors in grammar and punctuation.”
This authority allows examiners to ensure that the title accurately reflects the claimed invention, which is important for proper classification and searchability of the patent. However, the examiner should exercise this authority judiciously and only make changes that are necessary to improve the descriptiveness of the title.