The EU design reform is crossing the finish line

The European Commission and the EUIPO have been busy preparing the implementation of the second stage of the EU design reform and the related technical standards for the new types of designs.

The EU Design Implementing Regulation (‘EUDIR')[1] and the EU Design Delegated Regulation (‘EUDDR')[2] were adopted by the European Commission on 15 January 2026 and published in the Official Journal on 19 March 2026. Both will apply from 1 July 2026. The EUDIR sets out mandatory and optional information to be contained in EU design applications and includes a short provision on design representation. The EUDDR contains rules on design invalidity actions and certain procedural rules. Furthermore, on 11 March 2026, the European Parliament and the Council formally adopted a Codification related to the new EU design rules, which was published in the Official Journal on 30 March 2026 and will also apply from 1 July 2026[3].

In parallel, the EUIPO has been updating their Design Guidelines and preparing a Decision of the Executive Director on the new technical standards for EU design representations. The EUIPO has also been working together with national IP offices in EU Member States on a Common Communication for Requirements and Means of Design Representation, which was adopted on 3 June 2026 and which sets out common minimal EU-wide standards for EU designs and national designs. On a related note, the EUIPO has also made non-confidential design files available in their eSearch database, in a similar way as EUTM files are available and accessible, which is a welcome improvement of the EU design system.

[1] Commission Implementing Regulation (EU) 2026/138 of 15 January 2026 laying down detailed rules for implementing certain provisions of Council Regulation (EC) No 6/2002 on European Union designs. 
[2] Commission Delegated Regulation (EU) 2026/137 of 15 January 2026 supplementing Council Regulation (EC) No 6/2002 on European Union designs with rules specifying the details of certain proceedings concerning registered designs, and repealing Commission Regulation (EC) No 2245/2002.
[3] Regulation (EU) 2026/715 of the European Parliament and of the Council of 11 March 2026 on European Union designs (codification).

We summarize below the main changes that will be introduced by the second and final stage of the EU design reform in relation to European Union Designs (“EUDs”):

• New types of EU designs, including digital designs

The definition of designs has been broadened to encompass transition, movement and other sorts of animation. This opens the door for all sorts of digital designs, as well as for protecting new features of the appearance of a product, including graphical user interfaces (‘GUIs'), such as visual effects created by light or those giving rise to a particular user experience.

The definition of a product has also been clarified to ensure that digital designs are protected. Accordingly, not only tangible products, but also products in a non-physical (digital) form will be protected, including designs in the digital space, all sorts of interactive interfaces, and virtual environments.

The new types of designs, including dynamic and animated GUIs and user interface systems, as well as projected, holographic, virtual and augmented reality designs, will finally become available for filing before the EUIPO as of 1 July 2026. However, for the time being, these will only be available through direct EU design filings.

• Dynamic and animated representations of EU designs

Dynamic and animated representations of EU designs will finally be allowed as of 1 July 2026 with the second stage of the EU design reform and not just the traditional static representations. This means that new types of design representations will be accepted, namely videos (MP4) for animated reproductions and OBJ and STL files for dynamic (3D) reproductions.

Animated reproductions, such as videos, will allow for continuous visual representation of a design, to show movement, transition or other sorts of animation, including transition between different configurations of design. The animation will form part of the subject matter of protection. Dynamic (3D) reproductions will allow users to display a design from multiple angles while using 3D file formats. 3D file formats are best suited to represent a shape of the design, but not its colour or texture.

Only one dynamic or animated reproduction may be submitted per single EU design. The maximum size of 3D and MP4 video files will be up to 20 MB per reproduction, with a maximum size per multiple EU design application (with maximum number of 50 designs) of up to 1 GB.

A neutral background will be required, including for dynamic and animated reproductions, and any external elements in the background will need to be neutralized or visually disclaimed.

• Static representations of EU designs

The EUIPO will increase the number of permitted static JPEG views to up to 10 views per design, as opposed to the currently permitted 7 views, in line with the Common Communication for Requirements and Means of Design Representation. This is a welcome improvement of the EU design system, allowing users not only to present the basic set of perspective, front, back, top, bottom, right and left views, but also some additional views, such as partial, exploded or magnifying views or views with alternative positions. At the same time, this number may still be seen as insufficient for designs that require higher number of views to adequately show their subject matter.

In addition, static views will continue to be of relevance also for the new types of animated and dynamic designs when claiming priority. Where priority for such ‘new' designs should be claimed outside of the EU, in jurisdictions that only recognise static views, it is for the time being recommended to submit static views in parallel with dynamic or animated reproductions within a multiple design application (e.g. snapshots for animated designs).

• Combination of static and dynamic or animated representations will not be possible before the EUIPO

The EUIPO will not allow the combination of static and dynamic or static and animated representations for reasons of legal certainty, to avoid inconsistent design representations. However, it remains to be seen if any EU member states will provide for such option in relation to their national designs.

It will therefore not be possible to combine static and dynamic or animated reproductions in one (single) design before the EUIPO. For example, it will not be possible to submit a referential static view for designs represented through animated or dynamic reproductions. However, it will be possible to file parallel (multiple) designs using the different types of representations in multiple EU design applications.

• Amending design views of EU designs in immaterial details

The possibility to amend views in immaterial details after filing EU designs will be a new option. This will give EU design applicants the possibility to reply to objections by submitting amended views that differ only in immaterial details and replacing certain views, in addition to withdrawing certain views in response to office actions. This option may be used, for example, when responding to non-neutral background objections. Similarly, the representation of registered EU designs may also be altered in immaterial details upon registration.

On the other hand, partial surrender or partial invalidity of EU designs will no longer be possible. The result of a successful invalidity action may only be a total invalidation of the contested EU design.

• Changes to product indications of EU designs

Product indications do not affect the scope of protection of EU designs and registered EU designs grant their owners the exclusive right to use the relevant design in all types of products. EUIPO examiners can at present change the product indication ex officio in case of discrepancy between the design and the product indication.

Changes to product indications ex officio by the examiner will still be possible, but only if EU design applicants opt in for this option in the design application form. Otherwise, in case of discrepancy, a deficiency letter will be issued, to which the applicant will have to react. An example of such discrepancy is when design protection is only claimed for part of product, but the product indication indicates an entire product.

• Fast track design invalidity proceedings before the EUIPO

Fast track invalidity proceedings will be introduced for cases where the holder of the EU design will not contest the grounds of invalidity, i.e. where no observations will be filed in response to the invalidity action. The decision making related to such actions should be prioritized and decisions should be taken in a shorter time compared to ordinary design invalidity proceedings.

As EU designs are registered without substantive examination of their novelty and individual character, the ‘fast track invalidity' will be particularly helpful in cases of design hijacking or flagrant infringement, when actions of the legitimate design owner will not be contested.

That being said, such proceedings will only be available for invalidity actions based on lack of novelty and individual character. They will not be available for uncontested actions based on other invalidity grounds, although these could also be straightforward (e.g. design incorporating third party well-known trade mark). Moreover, as design invalidity actions need to be fully substantiated at the time of their filing and it is not sufficient to merely file an invalidity notice, there will likely not be significant cost savings for the invalidity applicants, while the time savings are yet to be seen.

The key changes that will become effective on 1 July 2026 are also summarized in a one-pager. The key changes effective on 1 May 2025 were summarized here and the key implications of the EU design reform were already reported here.