EU adopts EU Design Implementing & Delegated Regulations

Two new Regulations on EU designs have been published in the Official Journal of the European Union: Commission Implementing Regulation (EU) 2026/138 and Commission Delegated Regulation (EU) 2026/137. They were adopted on 15 January 2026. The Regulations supplement Council Regulation (EC) No 6/2002, as amended by Regulation (EU) 2024/2822, and replace Commission Regulation (EC) No 2245/2002. 

Implementing Regulation (EU) 2026/138 lays down detailed rules on EU design applications and registrations. It specifies the content of applications and provides that designs may be represented in static, dynamic or animated form using generally available technology. It also sets requirements for priority claims, publication, registration-related requests and establishes maximum costs in proceedings before the European Union Intellectual Property Office (EUIPO), including EUR 450 for invalidity proceedings and EUR 550 for appeal proceedings, with an additional EUR 400 where oral proceedings have taken place. 

Delegated Regulation (EU) 2026/137 lays down procedural rules for EU design proceedings. It defines requirements for amendments and for applications for a declaration of invalidity, including the information and evidence to be provided. It provides that the Office shall rule on invalidity as a matter of priority where the holder of the contested design does not contest the grounds or the relief sought. It also sets rules on electronic communication, notifications, time limits, suspension and resumption of proceedings, and representation, and provides that certain provisions of Delegated Regulation (EU) 2018/625 apply with the necessary adjustments. 

Both Regulations apply from 1 July 2026 and include transitional provisions under which certain proceedings initiated before that date remain subject to Regulation (EC) No 2245/2002 until their conclusion.