Chapter III – Allowability of amendments – examples
7. Amendments to the title
The sole purpose of the title is to inform the public about the technical information disclosed in the application. Based on Rule 37.2, the search The examiner does not need the applicant's approval to compose or amend the title.
Under Rule 5.1, the title is considered to be a part of the description. Under Rule 37.2, in the absence of a title, or when the title does not comply with Rule 4.3 (i.e. it is too long or not precise enough), the search examiner can compose a title or amend the existing one. On the basis of these two rules taken in conjunction, the EPO as ISA may accept amendments of the title proposed by the applicant, provided that any such amendments do not go beyond the disclosure in the international application as filed.
The description should start with the same title as appears in the request (Form PCT/RO/101). Even if the title appears only in the request form, it is nevertheless considered to be a part of the application as filed. If the title appearing in the request form is not identical to the one appearing at the beginning of the description, the search examiner will consider the title not to be precise within the meaning of Rule 4.3 and will thus proceed in accordance with Rule 37.2 to establish a title. See also F‑II, 3.