As of 1 July 2026, the modernised EU design regime is fully operational. The reform expands protection for digital designs, simplifies multiple applications and introduces important procedural changes. Businesses should now review how they file, manage and enforce their EU design rights.

The EU design system has completed its most significant overhaul in more than two decades. The reform was implemented in two stages. The first phase became applicable on 1 May 2025 and introduced several substantive changes, including modernised definitions of “design” and “product”, stronger protection against infringing activities involving 3D-printing technologies and a new registration notice. The second phase took effect on 1 July 2026 and focuses on filing requirements, design representations, multiple applications, deferred publication, renewals and proceedings before the European Union Intellectual Property Office (EUIPO).

The EU-level framework now consists of:

• Regulation (EU) 2026/715 on European Union designs (the “EUDR”);
• Commission Delegated Regulation (EU) 2026/137 (the “EUDDR”); and
• Commission Implementing Regulation (EU) 2026/138 (the “EUDIR”).

Together, these instruments create a more digital and flexible registration system. However, the new rules also require businesses to reconsider established filing and portfolio-management practices.

1. Digital and animated designs move to the foreground

Perhaps the most important substantive development is the express recognition of digital and animated designs. The definition of a “design” now includes movement, transitions and other forms of animation. The definition of a “product” has also been expanded to cover items that materialise in non-physical form, including graphical user interfaces, spatial arrangements, graphic works, logos and surface patterns.

This makes the design system considerably more relevant to businesses operating in software, gaming, digital media, consumer electronics and virtual environments. Animations, app interfaces, screen transitions and other digital assets may now be protected more effectively, provided they satisfy the applicable requirements of novelty and individual character.

Computer programs as such remain excluded. The visual appearance of a digital product or interface may nevertheless qualify for protection.

The reform also introduces more flexible representation requirements. Different formats may be used for animated designs, and the previous statutory limit of seven views has been removed. Technical requirements, including the permitted number and format of views, are now determined through EUIPO rules on electronic communications.

Applicants should not mistake flexibility for informality. The scope of protection continues to depend on what is visibly shown in the application. Representations must clearly and consistently identify the features for which protection is sought.

Where an image contains elements that are not intended to be protected, visual disclaimers should be applied consistently across all views. Ambiguous or contradictory representations may narrow the scope of protection or create difficulties in later enforcement.

2. Multiple applications are easier, but not unlimited

The “unity of class” requirement has been abolished. Designs belonging to different Locarno classes may now be included in the same multiple application.

This is a welcome development for businesses whose product launches involve several types of design. A single application may, for example, include the appearance of a product, its packaging, accessories and graphical interface, even where those designs fall within different Locarno classes. A multiple application may contain up to 50 designs. The fee is EUR 350 for the first design and EUR 125 for each additional design.

The change offers greater flexibility, but filing everything together will not always be the best strategy. Applicants should consider whether the designs are likely to have different commercial lifecycles, different owners or licensees, separate enforcement strategies, different launch or publication dates, or distinct territorial importance. Where future assignments, licences or disputes are foreseeable, separate applications may still be preferable.

3. Filing becomes fully centralised and digital

EU design applications must now be filed directly with the EUIPO. Filing through national intellectual property offices is no longer possible. The application fee is also a filing-date requirement. Applicants must therefore ensure that payment is completed in time, particularly where a product launch, trade fair or other disclosure is imminent.

The option of submitting a physical specimen has been abolished, confirming the shift towards a fully digital application system.

Product indications must be sufficiently clear and precise to allow classification in a single Locarno subclass. The new rules encourage applicants to use terminology from the EUIPO’s Harmonised Database.

These changes make internal coordination increasingly important. Design, marketing and legal teams should identify protectable assets and approve representations before public disclosure. Delays in obtaining images, animations or payment approval may affect the filing date and, potentially, the availability of protection.

4. Deferred publication now requires active management

Deferred publication remains available, but the way it operates has changed.

A separate publication fee is no longer payable. However, an applicant can no longer prevent publication simply by failing to pay that fee. If a deferred design is not intended to be published, the holder must expressly surrender it before publication takes place.

For multiple applications, the holder must specify which designs should be published, remain deferred or be surrendered. This creates a potentially significant confidentiality risk. Businesses that use deferred publication to coordinate registrations with product launches must ensure that their docketing systems generate appropriate reminders. Inaction may now result in publication rather than abandonment. Product-launch plans should therefore be aligned with design filing and publication decisions from the outset.

5. Renewal dates and costs need to be recalculated

The basic renewal period is now the six-month period ending on the exact expiry date of the registration. It no longer runs until the final day of the month in which the design expires. The additional six-month renewal period, during which renewal remains possible subject to a surcharge, begins on the day following expiry. Renewal fees also increase progressively for later renewal periods. The fourth and final renewal, covering years 21 to 25, now costs EUR 700 per design.

For owners of large portfolios, these increases make automatic renewal of every registration less attractive. Businesses should consider introducing commercial-use reviews before each renewal, particularly during the later stages of protection. Existing deadline-management systems should also be checked to ensure that they calculate renewal periods by reference to the precise expiry date.

6. Invalidity proceedings become more structured

The EUDDR introduces more detailed requirements for applications seeking a declaration of invalidity. The evidence and arguments required will depend on the ground invoked. Where an application is based on an earlier design, greater emphasis is placed on proving when and how that design was disclosed to the public. Online substantiation of earlier rights is also permitted. Supporting documents may be filed in any official EU language, although the EUIPO may request a translation where necessary for the proceedings.

The reform also confirms that final decisions of the EUIPO and final judgments of EU design courts have res judicata effect. The same dispute cannot be relitigated between the same parties where the subject matter and cause of action are identical. Coordination between EUIPO invalidity proceedings and counterclaims before national EU design courts has also been improved. Counterclaims are recorded in the EUIPO Register, and rules determine which proceedings should be stayed where parallel validity challenges exist. As a result, parties contemplating invalidity proceedings should conduct a broader review of existing EUIPO and national litigation before selecting the forum and legal grounds.

7. New procedural tools offer a limited safety net

The reform introduces continuation of proceedings in EU design matters. A party that has missed certain procedural deadlines may request that the proceedings continue, subject to a EUR 400 fee. Not every deadline qualifies. The mechanism should therefore be regarded as a limited safety net rather than an alternative to effective deadline management.

The new framework also allows representations to be amended or altered in immaterial details, both during the application process and, in certain circumstances, after registration. Post-registration alteration is subject to a EUR 200 fee. This may help correct limited deficiencies or avoid invalidation, but it cannot be used to expand or materially redefine the protected design. The former mechanisms of partial surrender and partial invalidation have consequently been abolished.

What should businesses do now?

Businesses with existing or planned EU design portfolios should consider taking the following steps:

1. Audit digital assets. Identify graphical interfaces, icons, animations, screen transitions and virtual products that may now benefit from design protection.
2. Review representation guidelines. Ensure that internal teams and external designers understand the requirements governing views, animation formats and visual disclaimers.
3. Reassess multiple-application strategies. The removal of the unity-of-class requirement may create cost and administrative efficiencies, but ownership and enforcement considerations remain important.
4. Update filing and payment processes. Applications must be filed directly with the EUIPO, and payment is required to secure the filing date.
5. Revise deferred-publication workflows. Active surrender is now required to prevent publication of a deferred design.
6. Reconfigure renewal reminders. Renewal periods must be calculated by reference to the exact expiry date, and later renewals require a more rigorous commercial review.
7. Update invalidity and litigation procedures. Evidence of disclosure, language requirements and parallel proceedings should be considered before any validity challenge is filed.

Businesses may also consider using the new design notice, the letter D enclosed within a circle (Ⓓ) — on products incorporating a registered EU design. Use of the symbol is optional, but it may help communicate the existence of registered protection. It may be accompanied by the registration number or linked electronically to the relevant Register entry.

The national reform is not yet complete

While the EU-level system is fully operational, the reform of national design laws remains in progress. Directive (EU) 2024/2823 must be transposed by Member States by 9 December 2027. It will further harmonise national registration and invalidity procedures and introduce a common framework for the repair of component parts of complex products, subject to transitional arrangements. Businesses relying on both EU and national design rights should therefore continue to monitor implementation in the Member States relevant to their activities.

The reform brings EU design law much closer to the commercial realities of a digital economy. It offers stronger opportunities to protect interfaces, animations and virtual products, while making applications more flexible and procedures more consistent. At the same time, the new system places greater responsibility on rights holders. Clear representations, timely payment, active management of deferred publication and accurate renewal controls will be essential.

For businesses in technology, fashion, retail, automotive, gaming and consumer products, 1 July 2026 should be treated not merely as a procedural milestone, but as an opportunity to reassess how design protection supports their wider intellectual property and product strategy.

If you would like to discuss how the new EU design framework may affect your business or intellectual property portfolio, please complete the contact form below and a member of our team will be in touch.