Can the title of a patent application be changed after filing?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09
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, 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.
Topics:
Patent Law
Patent Procedure