1

A US provisional was filed, then a non-provisional and PCT were filed within 1-year of the provisional. The non-provisional and the PCT applications include a typographical error in the title. The non-provisional title can easily be corrected in a preliminary amendment, but what about the PCT application? Art. 19 amendments are "strictly amendments to the claims", and Art. 34 amendments are only for "amendments to the description, claims, and drawings". MPEP 1871. Would amendments to the title have to wait until entry into the national stage?

1 Answer 1

0

The title is part of the description.

PCT Rule 5 Blockquote

The Description. 5.1 Manner of the Description (a) The description shall first state the title of the invention as appearing in the request and shall:

In the course of prosecution the applicant can even be required to amend a title. If a “device and methods of use” are in a title but the method claims are canceled you might be directed to change the title.

1
  • Perhaps you could more explicitly answer the question contained in the last sentence of the question?
    – Eric S
    Jan 13 at 17:02

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .