Can the title or abstract of a patent be changed during reexamination?

While it’s not common, the title or abstract of a patent can be changed during reexamination under certain circumstances. However, this process requires specific procedures and timing considerations.

MPEP 2287 states: “Normally the title of the invention or the abstract will not need to be changed during reexamination. If a change to the title or to the abstract is necessary, the patent owner should be notified of the need to provide an amendment changing the title or abstract as early as possible in the prosecution as a part of an Office action.”

However, if all claims are found to be patentable and a Notice of Intent to Issue Ex Parte Reexamination Certificate (NIRC) has been or is to be mailed, the examiner may only change the title of the invention or the text of the abstract by an examiner’s amendment authorized by the patent owner.

It’s important to note that “Changing the title and merely initialing the change is not permitted in reexamination.” This emphasizes the formal nature of such changes in the reexamination process.

To learn more:

Topics: MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents, MPEP 2287 - Conclusion Of Ex Parte Reexamination Proceeding, Patent Law, Patent Procedure
Tags: ex parte reexamination, patent abstract, Patent Title, USPTO procedure