EU Design Reform 2026: What Companies Need to Know Now About the New Design Protection
It is worthwhile for companies to consider whether their current strategies for protecting product designs should be adapted to take advantage of these new opportunities.
What changes will take effect in EU design law starting in 2026?
The reform of European design law was implemented in two phases. The first phase of the reform has been in effect since May 1, 2025; the second phase will take effect on July 1, 2026, at which point the new legal framework will be fully applicable.
The changes primarily include the expansion of the definitions of “design” and “product,” the modernization of the application process, and the adaptation of the means for enforcing design rights to new technological developments.
Can digital products and user interfaces be protected as EU designs?
Yes. One of the most important changes concerns digital designs.
The definition of a “product” now expressly includes non-physical objects as well. This means, for example, that graphical user interfaces and other digital designs can be covered by design protection.
For companies in the software, app, and digital products sectors, this opens up additional opportunities to protect distinctive designs from competitors.
Design law can therefore be particularly relevant in cases where it is not the technical function of software but its visual design that is to be protected.
Can animations and motion graphics be protected?
Dynamic designs are explicitly covered by the new definition of design. These include, above all, movements, transitions, and animations, which can be particularly interesting for animated user interfaces, screen displays, and other digital applications.
The assessment of which elements of a digital product may be eligible for protection therefore goes beyond a consideration of purely static designs.
How can designs now be filed with the EUIPO?
Designs can now be displayed using static, dynamic, or animated representations.
The technical specifications may, in particular, allow for image, video, or 3D files. For static representations, up to ten views are permitted. Visual disclaimers may be used to clarify which parts of a representation are not intended to be covered by the claimed protection.
However, the strategic selection of the submitted representations remains very important, as the representation plays a decisive role in determining the scope of the design protection claimed.
Therefore, particularly in the case of economically significant designs, it is important to assess—prior to filing an application—which perspectives and forms of presentation are best suited to achieving the desired scope of protection.
What changes regarding multiple applications for EU designs?
The process for registering larger design portfolios is becoming more flexible.
Up to 50 designs can be included in a multiple application. The previous requirement that the designs must belong to the same Locarno class has been eliminated. This makes the filing of larger design portfolios more flexible.
This may be of interest to companies that launch multiple product variants, product lines, or different designs simultaneously.
The reform thus opens up additional opportunities to plan design applications not only for individual products but also, strategically, for entire product families.
What does the design reform mean for 3D printing and product piracy?
The reform explicitly addresses modern forms of product piracy.
The rights arising from a registered EU design now also cover certain acts related to files or software that make it possible to manufacture a product that infringes the design—for example, through 3D printing. These include, in particular, the creation, downloading, copying, and sharing or distribution of such media or software.
Thus, design protection does not begin only with the manufacture of a physical copy, but can already become relevant at the digital stage of its production.
For companies whose products can be reproduced relatively easily using modern manufacturing processes, this can significantly enhance the enforcement of design rights.
What does the new repair clause mean for replacement parts?
The repair clause for replacement parts of complex products is of particular economic significance. Subject to the statutory requirements, design protection does not apply to certain components that are used exclusively for the purpose of repair to restore the original appearance of the complex product.
The regulation is particularly relevant for industries with significant aftermarket sectors. Companies should therefore assess the extent to which their current design strategy for replacement parts and accessories is affected by the new regulation.
What is the new design protection symbol?
Owners of registered EU designs can now use a special symbol to indicate that their design is protected.
The new design protection symbol consists of the letter “D” inside a circle and may be used together with the registration number or a hyperlink to the registry.
It thus serves a similar indicative function as the “R” used for registered trademarks and can help draw the attention of competitors and other market participants to existing design rights.
EUIPO's New Fee Structure: How Much Does It Cost to File an EU Design Application Since the Reform?
The official filing fee for a single EU design is now 350 EUR. For a multiple application, an additional official fee of 125 EUR is charged for each additional design.
The official renewal fees have also been changed. The official EUIPO fee per design is currently:
- 1. Extension: 150 EUR
- 2. Extension: 250 EUR
- 3. Extension: 400 EUR
- 4. Extension: 700 EUR
It is important to note that these are exclusively the official fees charged by the EUIPO. If the application is prepared, filed, or managed by a patent attorney or lawyer, the respective attorney’s fees will be added.
The total cost of a design application handled by an attorney cannot, therefore, be determined solely on the basis of the official EUIPO fees. It depends, among other things, on the scope of the legal advice, the number of designs, the selection and preparation of the representations, and the desired filing strategy.
The new options for multiple applications, in particular, may prompt companies to consider how a larger design portfolio can be structured in a way that makes economic sense.
What should companies review now in light of the EU design reform?
In particular, companies that develop their own products, offer digital products, or regularly update their designs should use this reform as an opportunity to review their existing intellectual property strategy.
This raises the following questions:
- Are there any digital designs, user interfaces, or animations for which no design protection has been applied for yet?
- Can new forms of presentation be used to better reflect the desired scope of protection?
- Is it reasonable to combine multiple designs into a single multiple application?
- Are existing design portfolios affected by the new repair clause?
- What role do 3D printing and digital product files play in enforcing existing rights?
- Should the new design protection symbol be used to identify protected products?
For more information on how to protect innovations, products, and designs through intellectual property rights, click here.
EU Design Reform 2026
With the reform set to take full effect on July 1, 2026, European design law will be much more focused on digital products and modern development and manufacturing processes.
Of particular interest are the new options for protecting digital and animated designs, the more flexible presentation of designs, and the simplifications regarding multiple applications. At the same time, companies must take into account new limitations on design protection—such as the repair clause.
Companies should therefore assess whether their existing design strategy is already taking full advantage of these new opportunities. This applies not only to traditional product design but also, increasingly, to user interfaces and other digital forms of expression.
The reform of national design law has not yet been fully completed; Member States have until December 9, 2027, to transpose the new Design Directive into national law.
Regarding Philipp Henrichs:
Philipp Henrichs, Attorney at Law and Certified Intellectual Property Lawyer, studied law at the Heinrich Heine University in Düsseldorf and the Ruprecht Karls University in Heidelberg. He deals with the legal enforcement and defense of trademark, design, competition and copyright claims.