The New EU Designs Implementing Regulation No. 2026/138: Key Changes and Practical Implications for EU Design Filing Practice

The EU Commission has now approved the new EU Designs Implementing Regulation, setting out a number of procedural changes to the EU registered design regime.  The new Regulation was published on 19 March 2026 and will come into force on 1 July 2026. 

Following the substantive changes to EU design law introduced on 1 May 2025 (discussed in my article here, the new Implementing Regulation introduces further significant modernisation of design filing practice before the EUIPO, particularly in how designs may be represented and submitted. The most important changes are set out below.

Removal of the Seven‑View Limit

One of the most welcome changes introduced by the new Regulation is the abolition of the rigid limit of seven views for representing a design within an EU registered design application. 

Historically, EU design applications were limited to seven static graphic or photographic views, often forcing applicants to make undesirable compromises when depicting complex designs (such as designs with multiple positions, and animated graphical user interfaces). Under the new Implementing Regulation, this restriction is removed, reflecting a more flexible approach to depicting designs and giving applicants much more freedom in clearly illustrating the claimed features of the designs for which protection is required.

This change aligns the EU design system more closely with technological realities, particularly the need to clearly represent digital, animated, and dynamic subject matter that cannot be adequately captured within seven static images.

It may well be the case that the EUIPO will still impose a technical limit on the number of views that can be submitted, in order to  maintain the efficient functioning of the EUIPO’s online filing system. It remains to be seen whether such a limit will be introduced and, if so, what that limit may be (in the UK, for example, the limit is 10 views when filing online).  It is, however, hoped that such a technical limit does not detract from the freedom opened up by removal of the 7-view limit.

Acceptance of a Wider Range of File Types

The removal of the 7-view limit is complemented by a further change introduced in the new Implementing Regulation, whereby it will now be possible to submit static, dynamic, and animated representations of designs in EU design applications, including drawings, photographs, videos, computer generated images, and computer‑modelled visuals (such as CAD files). 

The Commission explicitly acknowledges that advances in visualisation technology and the emergence of non‑physical and digital products require more sophisticated representational formats. This means that applicants may file digital files representing screen transitions, animations, or other forms of motion - an important development for animated graphical user interfaces, XR/VR interfaces, and digital‑only products. 

Additionally, the Implementing Regulation recognises that “computer imaging or computer modelling” will constitute acceptable representations of a design, although we will need to await guidance from the EUIPO as to the precise mechanics of this, particularly as to which CAD formats may be accepted.

It is also important to note that the Implementing Regulation provides that the subject matter of the design claimed will be determined by “all the visual characteristics of all … the representations combined”.  It will therefore be imperative to ensure that all representations for a single design are consistent with each other, to avoid objection and/or loss of rights in particular design elements of interest. 

In particular, ensuring that disclaimed features are consistent across each representation filed will continue to be of the utmost importance. Furthermore, we await guidance from the EUIPO as to how best to depict such disclaimed features within, for instance, video files depicting an animated graphical user interface.

Practical Recommendations for EU Design Practitioners

In light of the upcoming changes introduced by the new Implementing Regulation, applicants for EU design registrations should consider the following:

1. Leverage Dynamic File Types Where They Improve Clarity

Consider using video or animated formats where movement or transition is integral to the design, such as with animated graphical user interfaces or designs with multiple positioning (such as products that unfold or collapse). These dynamic formats should more clearly illustrate the claimed features of the design applied for than by using multiple static views.

2. Provide Comprehensive Visual Disclosure

With no formal limit on the number of views (subject to any technical limitations that may be imposed by the EUIPO), applicants should be able to include additional perspective, detail, or sectional views to better define the claimed features of the design in question, while remaining mindful that every submitted view contributes to the overall scope of protection granted and must maintain consistency with each other view filed.

3. Use CAD or 3D Model‑Based Formats Strategically

Although EUIPO guidance is still awaited, applicants should consider using CAD‑ files to depict designs for which protection is required. These may serve to mitigate any ambiguity inherent in two dimensional depictions of complex shapes and product designs.

4. Defer filing applications until 1 July 2026 if EUIPO practice change will be of benefit

If the greater flexibility offered by the new representation requirements set out in the Regulation would be of benefit, particularly in relation to animated graphical user interfaces for instance, applicants should consider delaying the filing of EU design applications until 1 July 2026. Alternatively, if it is necessary to establish a priority date before 1 July 2026, applicants may consider making a still-image filing presently, and claiming priority to this once the new Implementing Regulation enters into force. For any applications claiming a priority date between 1 January 2026 and 31 June 2026, delaying the filing of the EU application should be possible without any significant loss of rights (unless a design registration is required immediately for the purposes of enforcement). The benefits gained from utilising the more flexible means of representing the claimed design may well outweigh the advantages of an immediate registration.

Final Thoughts

It will be interesting to see how the changes introduced by the new Implementing Regulation will play out in practice.  In particular, we await with interest the EUIPO’s guidance on how to utilise video files and CAD formats to represent designs, and how to clearly identify disclaimed elements when using such file formats.

It will also be interesting to see how other Designs Offices around the world react to these changes, given that the UKIPO has already broached these issues in their recent consultation on reforms to the UK designs regime.