You may wonder how to name your invention and what rules the US Patent Office requires for the title.
How to title your patent might seem simple at first but it really can be difficult. Like a book, you probably have the main idea for your story but when it comes down to naming it, this can prove to be very challenging. Below are some guidelines that I hope you will find useful.
First, you want the examiner to approve your title. You want to make a good first impression because this will be one of the first things that the examiner sees when looking at your patent application. You probably also want your title to be somewhat unique to market your product and excite your consumers.
The title must not exceed 500 characters in length and must be as short and as specific and descriptive as possible. The title should be one that is easily searchable by third parties by using a few key words during the patent search process. Please take note that certain words such as “new,” “improved,” “improvement of,” and “improvement in” are not considered as part of the title of an invention and should not be included at the beginning of the title of the invention and will be deleted when the US Patent Office enters the title into their computer records, and when any patent issues. Also, the words/articles “a,” “an,” and “the” should not be included as the first words of the title of the invention and will be deleted in the same manner. Characters that cannot be captured and recorded in the Office’s automated information systems may not be reflected in the US Patent Office’s records in such systems or in documents created by the US Patent Office. There is a website with the characters that are valid in the title. This website is https://www.uspto.gov/ebc/portal/infotitle.htm. It is important to include the title on the application data sheet but the title of the invention should also appear as a heading on the first page of the specification of your patent application.
If the title is not descriptive of the invention to which the claims are directed, the examiner should require the substitution of a new title that is clearly indicative of the invention to which the claims are directed.
If a change in the title is being suggested by the examiner, this may result in slightly longer titles, but the loss in the brief title will be more than offset by the gain in its descriptive value in indexing, classifying, searching, and etc. If the applicant does not use a satisfactory title, at the time of allowance for the patent application, the examiner may change the title by an examiner’s amendment.
When applying for a patent, it is best to hire an attorney to guide you through the whole process, including helping you decide on a good and sufficient title to your patent. I hope this helped you answer the question how and what are the rules in order to title my patent.
