Patent and Invention Help Forum

Patent and Inventing Discussion => Patent Questions and Advice => Topic started by: Leonardo Borsten on August 28, 2017, 07:43:27 PM

Title: Should a patent title be unique?
Post by: Leonardo Borsten on August 28, 2017, 07:43:27 PM
Hi, I googled for the term that describes my idea and I found a patent with that exact same title. The patent is active but description and claims are fundamentally different from mine. Even though the claimed end results of the patent are similar to my idea, the way to achieve these results are not the same. Therefore I believe that my idea has a good chance of getting a patent. Is it permitted to use the same title?
Title: Re: Should a patent title be unique?
Post by: Varner on September 12, 2017, 08:56:08 AM
Good question Leo. I'd like an answer to this too.
Title: Re: Should a patent title be unique?
Post by: Brad on September 13, 2017, 07:48:48 AM
Sorry I thought I answered this but no, a title does not have to be unique.  In fact when I first started off in the field we had a large client that would file 1,000+ patents per year all with the same exact title. 

There is also good reason to keep your title as short and generic as possible because you don't want to accidentally limit your invention.

For example, if your invention was on a new type of chair and the really unique thing about it was the seat cushion, it would be a mistake to have your title as "Four Legged Chair" when in fact you may make a chair with 6 legs.  Instead, I would just make the title "sitting device" or simply "chair"