Phase II of the EU Design legal reform will become effective on 1 July 2026, with relevant changes for design applicants, as well as owners of registered EU designs. Apart from the changes according to the regulation 2024/2822[1] (amending Council Regulation (EC) No 6/2002[2]), the EUIPO will issue updated Design Guidelines and the Director of the EUIPO has issued several[3],[4] relevant communications related to technical rules for submitting views of designs according to new standards as well as means of communication by the office. The amending regulation 2024/2822 will be consolidated in a new EU codifying Regulation (EU) 2026/715[5] coming into force alongside the Delegated Regulation 2026/137[6] and the Implementing Regulation 2026/138[7] on 1 July 2026.
Increase in static views
As of this date, the regulations introduce new formats for representation of designs, which are discussed in more detail below. The traditional 2D static JPEG views also remain possible to file in a registered EU design application, and the number of registered views per design will increase to 10.
While this is not as many as the UKIPO allows (with 12 views when filed online), this is a welcome change from the existing 7 protected views permitted by the EUIPO. This will help when there are details of the design which would benefit from particular attention, and when claiming priority to design applications filed in other territories which allow more than 7 views.
New design representation formats
As noted above, the EUIPO will introduce two new formats of representation in a registered EU design. A dynamic representation, which is a 3D rendering of the design, and an animated representation, which is a sequence of images. The two new ways of representing designs (the dynamic representation as well as the animated representation) will each only allow for a single file to be registered. The dynamic representation will allow for OBJ and STL files with a size of up to 20 MB and the animated representation will be possible to be filed as MP4-file also with a maximum size of 20 MB.
Whereas static views in a design application remains the international standard, there are certainly use cases for the new ways of representation, e.g. for graphical user interfaces (GUIs), animated sequences, or complex shapes. Careful consideration will need to be given to what is filed in these formats, and what the scope of protection being sought may be.
It should also be considered that the new ways of representation might not be available in other jurisdictions, which could create challenges for claiming priority to an EU design application with a dynamic or animated representation. Applicants should therefore consider filing static representations as part of a multiple design application, alongside an application including any dynamic or animated representation, to provide an adequate legal basis for subsequent priority-claiming applications.
The requirement of consistency also still prevails, so for each EU design (or EU design as part of a multiple EU design application), the representations must relate to the same design, and it will not be accepted to mix static, dynamic and animated representations within a single design application. It is however perfectly possible to file a multiple design application for the same product with static representations in a first design and, for example, an animated representation in a second design.
It is also noteworthy that the EUIPO only provides for visual disclaimers of features (i.e. in the representations themselves and not in any accompanying written disclaimer or description). Careful thought will need to go in to how disclaimers might be implemented in these new representation formats.
Amendment of representations
After 1 July 2026, it will be possible to amend design representations in immaterial details both prior to registration and after registration. This will allow for minor alterations to be made to correct an application or registration, while maintaining of the original filing date. While this amendment mechanism offers welcome administrative flexibility, its practical utility will hinge entirely on how the Office interprets the threshold for “immaterial details.”
Examples of potentially acceptable amendments provided by the EUIPO include the introduction of a neutral background, or to remove or disclaim features which are so insignificant that they would pass unnoticed by an informed user.
How the case law develops in relation to such amendments will have a significant impact on EU design practice, particularly where errors in designs might bring into question the validity of the right.
Front-loading of invalidity proceedings
Invalidity proceedings have been adjusted to introduce a more frontloaded procedure through the creation of an accelerated track and heightened initial evidentiary standards. An invalidity application must include a fully reasoned statement delineating the precise facts, evidence, and legal arguments supporting the invoked grounds, accompanied by all primary supporting documentation. Further, the EUIPO will decide on non-contested invalidity actions rooted in lack of novelty or individual as a matter of priority.
If invalidity proceedings are based on an earlier trade mark, the owner of the contested design may request to show proof of use of the earlier mark for two not necessarily overlapping periods of five years from the date of filing of the application for declaration of invalidity or the date of filing or priority of the contested design, if the earlier mark is registered for at least five years. This has been implemented to bring design proceedings in accordance with the trademark proceedings (cf. e.g. Art 47 of EU regulation 2017/1001 (EUTM regulation)[8] and Art. 10 of the Delegated Regulation (EU) 2018/625[9] to said EUTM regulation).
Other procedural matters
Continuation of proceedings will now be available in EU design proceedings for further processing after the expiry of certain deadlines. A request must be submitted within two months of the expiry of the original time limit and is subject to an official fee of currently EUR 400.
The office may now revoke its decisions up to one-year from the date of the decision or entry in the Register, if the decision contains an obvious error attributable to the Office, specifically in cases where the Office has overlooked legal provisions or circumstances. Practitioners will need to be vigilant to see how the office will adopt this possibility to alter its decisions. Additionally, the Office has introduced a new ex officio ground for refusal: direct filings and EU designations will be rejected if they improperly use shields, flags, or emblems of public interest under Article 6ter of the Paris Convention without authorization.
Other changes that will be effective as of 1 July include procedural changes in registering changes to the applicant/owner, the technical requirement that design invalidity application forms must be filed completely electronically via the User Area, and extension of time limits with removal of previously granted equity days in case that the office rejects an unsubstantiated extension of time.
If you require further information the upcoming changes and how they could affect your business or products, please contact your regular Boult designs representative.
[1] Regulation – EU – 2024/2822 – EN – EUR-Lex
[2] Regulation – 6/2002 – EN – EUR-Lex
[5] Regulation – EU – 2026/715 – EN – EUR-Lex
[6] Delegated regulation – EU – 2026/137 – EN – EUR-Lex
[7] Implementing regulation – EU – 2026/138 – EN – EUR-Lex
