How is the title established for an international design application if not provided by the applicant?

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.

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.