How is the title established for an international design application if not provided by the applicant?
If an applicant does not provide a title for an international design application, the United States Patent and Trademark Office (USPTO) will establish one. According to MPEP 2920.04(a):
“In the absence of an application title furnished by the applicant, the Office will establish a title by retrieving the first listed product indication appearing on the published international registration (INID code 54).”
Key points about this process:
- The title is established based on the product indication in the international registration
- The established title will appear on the official filing receipt and/or bibliographic data sheet
- The examiner may amend the established title without applicant approval if necessary for consistency with the claim
It’s important to note that while applicants can provide a title, the Hague Agreement does not require application titles for international design applications. However, a proper title is necessary for U.S. design patent applications.
To learn more:
Topics:
MPEP 2900 - International Design Applications,
MPEP 2920.04(A) - Specification,
Patent Law,
Patent Procedure