Can the title of a patent application be changed after filing?

Can the title of a patent application be changed after filing?

Yes, the title of a patent application can be changed after filing. According to MPEP 606:

Where the title is not descriptive of the invention claimed, the examiner should require the substitution of a new title that is clearly indicative of the invention to which the claims are directed.

This means that:

  • The examiner may require a title change if the original title is not sufficiently descriptive.
  • The applicant can voluntarily amend the title during prosecution.
  • Changes to the title can be made by amendment under 37 CFR 1.121(b).
  • The new title must still comply with all requirements, including being brief, technically accurate, and under 500 characters.

It’s important to note that while changes are possible, starting with a strong, accurate title can help avoid unnecessary amendments and ensure efficient processing of the application.

To learn more:

Topics: Patent Law, Patent Procedure
Tags: patent examination, USPTO procedures