Crestview, FL asked in Patents (Intellectual Property) for Florida

Q: Suppose I apply for a patent. While I am waiting, can I request that the title (name) of my patent be changed?

3 Lawyer Answers
John Rizvi
John Rizvi
Answered
  • Patents Lawyer
  • Coral Springs, FL
  • Licensed in Florida

A: Yes, if you have filed for a patent and want to change the title, you have two options depending upon what type of patent you have applied for. If it is a PROVISIONAL PATENT APPLICATION, you can submit the proper title when you convert to a NON-PROVISIONAL PATENT.

If, on the other hand, the patent you filed with the erroneous title is a NON-PROVISIONAL PATENT APPLICATION, you can file a “preliminary amendment” and have the title changed.

Kevin E. Flynn agrees with this answer

1 user found this answer helpful

Peter D. Mlynek
Peter D. Mlynek
Answered
  • Patents Lawyer
  • Moorestown, NJ

A: Yes, of course. That happens all the time. You should be able to change title, or the claims, or the specification during the prosecution.

Liliana Di Nola-Baron
Liliana Di Nola-Baron
Answered
  • Patents Lawyer
  • Washington, DC

A: Yes, we can change the title by amendment if you filed a non-provisional patent application, or by filing a new application data sheet if you filed a problem application.

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