Can the title of a PCT national phase application be changed after filing?
Yes, the title of a PCT national phase application can be changed after filing. There are two primary methods to change the title:
- Application Data Sheet (ADS): Applicants can submit an ADS with a new title.
- Preliminary Amendment: A preliminary amendment can be filed to change the title.
The MPEP states: 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.
It’s important to note that:
- If both an ADS and a preliminary amendment are submitted, the later-filed document will govern (37 CFR 1.76(d)(1)).
- If an ADS and a preliminary amendment are filed concurrently, the ADS will take precedence (37 CFR 1.76(d)(2)).
Changing the title after filing can be beneficial if the original title doesn’t accurately reflect the invention or if a more descriptive title is desired.
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