EU design reform – Phase 2 details confirmed

The reform programme for the centralised EU design system concludes this year, with Phase 2 coming into effect on 1 July. Initial details for Phase 2 were released in 2025, and the final details were recently released with the final text for Implementing Regulations and a Delegated Regulation now published.

Recap of key Phase 1 changes

In effect from 1 May 2025, the most significant changes made in Phase 1 were:

• Allowing designs from different classes to be filed together by removing the “unity of class” requirement, while limiting the number of designs per application to 50 and updating the fee structure for multiple design filings, simplifying filing practices.
• The introduction of a comprehensive repair clause excluding certain types of spare parts from registered protection, with some guard rails provided to protect consumers and original producers.
• A change to the deferred publication system to switch to automatic publication at the end of the deferment period, away from automatic surrender.
• Changing the due dates of renewal fees to the anniversary of the filing date, away from the end of the calendar month in which that anniversary falls.

With these changes now well understood, the Phase 2 reforms will shortly be introduced.

Phase 2 changes

A lot of the detail in the Phase 2 Implementing Regulations and Delegated Regulation is process-driven and formalises processes that have long been in place, just not with a dedicated process for parties to follow. There are a few key changes hidden amongst the administrative processes, though.

The most significant change is that there will no longer be a limit of seven views per design registration. While it is expected that the yet-to-be-published updates to the Guidelines will cap the number of views, this change will allow greater flexibility and reduce complexities when filings are being planned and prepared.

Beyond this change and the purely administrative changes, other amendments will have an effect on rights holders, representatives and parties engaging with the EUIPO. This includes the EUIPO formally guiding companies and individuals filing designs towards using indications of product from the EUIPO’s classification database and allowing examiners to impose indications of product from that list if not objected to by applicants. This is a more assertive version of the process that is already in place, and allows EUIPO’s internal handling of a design to be more efficient.

On the process side, it will be possible to make a priority claim within two months of filing instead of just one month. The fee for cancelling the recording of a licence on the register is also being removed, as is the requirement to have translations certified (unless requested to do so). A further change is that a single member of the three-person invalidity division will now be able to make decisions on non-substantive points.

In a move that may make things more difficult for parties requesting extensions, requests for an extension of time will now need to be “reasoned”. This is balanced by a new, limited ability to continue proceedings where a due date has not been met for prosecution matters, paralleling a procedure already in place for EU trade marks. There is also confirmation that only “immaterial” amendments may be made to the representations and drawings of a design. This is understood to be a continuation of the existing system that allows no practical ability to amend drawings, which will be a disappointment to some filing designs at the EUIPO.

The provisions on prior rights covering all or part of the EU market are confirmed to allow a design to be invalidated if those rights were filed and published before the design. This is in addition to prior rights that were filed before, but published after the design – so-called “earlier filed, later published” rights. Overall, this appears to clarify what qualifies as prior art, removing some previous ambiguities in the law.

Finally, there are also numerous provisions that shift the EUIPO to using electronic communications in as many circumstances as possible, paving the way to make the EUIPO paperless.

What comes next

There is an overall reduction in what the new Implementing Regulations and Delegated Regulation cover compared to the previous Implementing Regulations. This is due to numerous provisions being moved to the main Design Regulation. Even with this, there are plenty of minor changes, but predominantly codifying existing processes.

Ahead of 1 July 2026, we can expect more details to become available when the updated Guidelines are published. This will help fill in a few gaps and stop rumours about the possible extent of some changes.

If you would like to discuss EU designs or have questions about design protection more generally, please contact your usual GJE attorney, or email gje@gje.com.