When might a patent title change be necessary during reexamination?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

While patent title changes during reexamination are rare, there are situations where they might be necessary. The MPEP 2660.02 provides an example:

“An example of a situation where it would be appropriate to change the title is where all the claims directed to one of the categories of invention (in the patent) are canceled via the reexamination proceeding, it would be appropriate to change the title to delete reference to that category.”

This scenario illustrates that a title change may be warranted when the scope of the patent has significantly changed as a result of the reexamination process.

Topics: MPEP 2600 - Optional Inter Partes Reexamination MPEP 2660.02 - The Title Patent Law Patent Procedure
Tags: Claim Cancellation, patent scope, Patent Title Change