How does the patent examiner determine if a title change is necessary?
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.
A patent examiner determines if a title change is necessary by evaluating whether the current title accurately reflects the claimed invention. According to MPEP 606.01, the examiner assesses if the title is “descriptive of the invention claimed.” If not, they will require a new title. The examiner considers several factors:
- Does the title clearly indicate the nature of the invention?
- Is it specific to the claimed subject matter?
- Does it avoid overly broad or generic terms?
- Is it brief yet informative?
If the examiner finds that the title doesn’t meet these criteria, they may request a change to ensure that the title accurately represents the invention as claimed in the application.
Topics:
Patent Law
Patent Procedure