Phase 1 of the EU design reforms took place on 1 May 2025 (see summary here). Now it is time for phase 2.
Changes to the Number and Type of Views
One of the big changes that was brought in with phase 1 was the expansion of the definition of a design to include movement, transition and animation of features. Phase 2 now provides an updated framework for representing designs and it should make representing animations easier.
The first development is that there is no longer a limit on the number of views that can be included (the previous limit was seven and was often a little restrictive). The new rules set no limit at all, but it is generally expected that there will be some limit imposed in the Guidelines when these come out. Many commentators have suggested a rise to 10 views. I hope we will be allowed more!
The second big change is that the form of representation is being opened up. In particular, under the new framework, the representation can be
“static, dynamic or animated and shall be effected by any appropriate means, using generally available technology, including drawings, photographs, videos, computer imaging or computer modelling”.
The inclusion of videos in this list provides another way to show an animation (it should still be possible to use a sequence of stills too).
Also, allowing the use of “computer modelling” may well allow the use of CAD files or the like. It will be interesting to see how this works in practice both in terms of filing and accessing registered designs in these formats. The new rules now provide for publication of the design “by making the representation accessible electronically”, potentially by providing a download link or an in-browser viewer. The registration certificate will similarly now include the representation of the design “by providing electronic access to the relevant file”. Applicants may wish to be mindful not to submit files with more details (e.g. internal details) than are necessary to show the visual design that is to be claimed.
Additional Changes to Rules for Representing Designs in the EU
Interestingly, the new rules no longer include a requirement to reproduce the design on a neutral background and they no longer include specific requirements regarding the representation of typefaces.
Importantly, the new rules state that the subject matter of the registration “shall be determined by all the visual features of all views or reproductions combined.” This should serve as a reminder of the importance of ensuring that all views are consistent and to be mindful of appropriately disclaiming (consistently) any features for which protection is not sought.
Nevertheless, there is now a mechanism for amending the representations of an EU design, providing that the amendment is only in immaterial details. It will still not be possible to correct any major deficiencies or inconsistencies other than by deleting views.
How EU Design Validity Challenges Are Changing
Other changes that are coming in with phase 2 from 1 July 2026 relate to invalidity proceedings. Of particular note, it will now be necessary to file a more complete reasoned statement containing facts, evidence and arguments in the application for invalidity, thus ensuring that a full case is presented from the start.
Moreover, if there are grounds of novelty and/or individual character and the proprietor does not contest these, the invalidity action will be treated as a matter of priority. This will be a welcome change to those needing to swiftly invalidate certain bad-faith designs such as those that are often used on e-commerce sites.