On 01 July 2026, phase II of the European Design Reform package came into effect which aims to modernise European design protection and introduces further changes to the filing and prosecution procedure at the European Union Intellectual Property Office (EU IPO).
Phase I of the European Design Reform entered into force on 01 May 2025. A summary of the changes introduced in Phase I can be found in our earlier articles found here and here.
The key changes introduced in the second phase of the European Design Reform, specifically relating to representations, are summarised below:
Representation requirements
Previously, it was only possible to submit static representations of a design in a European Union design filing. In Phase I of the European Design Reform the definition of “design” was broadened to encompass the movement, transition or animation of design features. However, until now it has been unclear how an animated or dynamic design may be represented when filing a European Design application.
From 01 July 2026, it is now permitted to file static, dynamic or animated representations.
Static representations
To date, Applicants wishing to obtain European Design protection have had to depict their design in a set of static views. This has historically been restricted to seven “protected” views per design, with the EU IPO providing a possibility to file a further three unprotected views to assist with clarity only. Phase II of the Reform now permits Applicants to include up to ten protected views per design. This change will provide Applicants with greater flexibility, and will be particularly welcomed by those who wish to claim priority from a design application filed overseas that may include a greater number of representations.
Dynamic representations
A dynamic representation is a new type of representation that may now be filed at the EU IPO, allowing 3D models of a design to be filed. This will enable Applicants to display a design from a number of different viewpoints. The EU IPO have provided the following example of a dynamic design and how this may be presented on the EU IPO register: https://euipo.europa.eu/eSearch/#details/designs/003024645-0001.
Animated representations
Finally, Phase II of the Reform also permits the filing of animated representations to show the movement or transition of design features. This will typically be filed in the form of a video or a continuous visual representation. The EU IPO guidelines note that each frame of the video will be considered to be a representation of the design. It should be noted that an animated representation should only be used where the animation itself is intended to be protected.
Whilst the introduction of dynamic and animated representations at the EU IPO does provide Applicants with greater flexibility when filing European design applications, it is important to note that such representations may not be considered acceptable in overseas Intellectual Property Offices. In view of this, it is critical for Applicants to consider whether they may wish to obtain protection for their design in jurisdictions other than Europe and if so, a strategic approach may be to file multiple European design applications directed to both static representations and animated or dynamic representations.
Amendment of design representations
Phase II of the Reform has also introduced the possibility to amend a design representation during prosecution to correct minor errors or inconsistencies in the representations. Prior to the Reform, it was not possible to amend figures if an inconsistency was identified, with the only available solution being to remove the inconsistent representation or to divide the application into different designs.
These changes represent a step forward in the modernisation of European design rights, fostering innovation and creativity across the EU. The attorneys at Secerna LLP have in-depth experience of filing and prosecuting registered design applications in Europe, as well as various overseas jurisdiction, and can assist you with any design related matters.