Can the title of a patent be changed during reexamination?

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.

Normally, the title of a patent does not need to be changed during reexamination. However, in rare instances, it may be necessary. The MPEP 2660.02 states:

“In those very rare instances where a change of the title does become necessary, the examiner should point out the need for the change as early as possible in the prosecution, as a part of an Office action.”

This allows the patent owner to comment on the proposed change before it becomes final.