If you made a mistake on an international application you already filed, it can be difficult or impossible to fix, so you might need to file a new international application to correct the error. Depending on where you are in the process, there are a few options to move your application forward.
However, your international registration date will still be based on whether the International Bureau receives your international application within two months of when you filed it. And, if you refile, your international registration date and priority claim eligibility will be based on the day you file your new international application.
If we haven't yet reviewed your international application, or if we've reviewed and certified it, you can request to withdraw your international application and file a new one with the correct information.
To request to withdraw your international application, file a Petition to Director for an International Application/Registration form and pay the petition fee. Clearly state in your petition that you're requesting to withdraw your international application. Once you've filed your petition, please notify us of your request at MPU@uspto.gov, and include your USPTO reference number and either your U.S. serial number or U.S. registration number. You can file a corrected international application immediately. You don’t need to wait for a decision on the petition.
Depending on how far you are into the process, you may receive a partial refund of the international fees you paid. If you paid the international fees directly to the International Bureau, contact the International Bureau to request a refund.
After denial of certification
If we've reviewed your international application and denied certification, you can request a review of the denial to try and overcome it. To make this request, you can file a petition to correct the discrepancies that resulted in denial of certification.
You can also choose instead to file a new international application with the correct information. If so, you don't need to withdraw your previous international application, but you will need to pay the certification fee again.
After your international registration is issued, you may be able to request a correction by filing a form with the International Bureau. Some common corrections you can request are:
- Narrowing the goods or services in your international registration with an MM8 cancellation form.
- Narrowing the goods or services in an extension of protection with an MM6 limitation form.
- Correcting typos in the holder's name, contact information, or citizenship with an MM9 change of holder details form.
- Correcting typos in the representative's name or contact information with an MM10 manage your representation form.
For errors that can't be fixed with a WIPO form, you can request that the International Bureau cancel your international registration. You can then file a new international application through the USPTO with the correct information and pay the required fees.
If you have questions about correcting a mistake in your international application, or if you believe a discrepancy in your application was caused by USPTO error, we may be able to help. Please contact us at MPU@uspto.gov for more information.