How is the title of the invention determined for a U.S. national stage application?

The title of the invention for a U.S. national stage application is determined as follows:

1. If there’s no application data sheet (ADS) or preliminary amendment changing the title, the USPTO will use:
• The title from the first page of the description in the published international application (if published in English under PCT Article 21), or
• The title from the first page of the English translation of the international application (if not published in English)
2. If the title doesn’t appear on the first page of the description, and no ADS or preliminary amendment is provided, the title will be taken from the cover page of the published international application.
3. If an ADS or preliminary amendment changing the title is furnished, the USPTO will use that title.

The MPEP states: “If applicant submits both an application data sheet and a preliminary amendment, the later filed document will govern. See 37 CFR 1.76(d)(1). An application data sheet will govern over a concurrently filed preliminary amendment. See 37 CFR 1.76(d)(2).“

To learn more:

• Title of Invention
• National Stage Application
• Application Data Sheet
• Preliminary Amendment