How to withdraw, amend or correct an EU design patent application

EU design patent applications are popular among patent applicants for their fast issuance of patent certificates and coverage of a wide range of EU countries. However, due to this, when patent applicants realize that there are errors that need to be corrected, the patent certificates have already been issued and they are unable to modify the patent application. In practice, the relevant provisions on the revocability and correction of EU design applications are as follows:

Withdrawal and amendment/correction: A patent applicant may withdraw an application for a registered Community design at any time during the examination period and, in the case of multiple designs, may also withdraw some of the multiple designs in the application. Corrections are only permitted in certain special circumstances.

• The withdrawal of an application must be submitted in writing. If the application date has been obtained, the official fee will not be refunded.
• At the applicant's request, only the name and address of the applicant or agent, clerical or copywriting errors or obvious mistakes may be corrected:
  • Application date
  • Designer Name
  • Second language
  • Brief Description
  • Classification Number
  • Priority date, priority number and priority country
  • Exhibition priority date, priority number and exhibition priority location and description, etc.

In principle, a design cannot be changed after it has been filed, even if an amended brief is filed on the same day. Any amended or supplementary brief filed at a later stage will not be accepted unless expressly requested by the EUIPO.