Design Renewals Following the EU Design Reform: What You Need to Know

The European Union’s design protection system is undergoing significant changes with the application of the Amending Regulation (Regulation (EU) 2024/2822 of the European Parliament and of the Council of 23 October 2024, amending Council Regulation (EC) No 6/2002 on Community designs and repealing Commission Regulation (EC) No 46/2002). For designs with a renewal period starting before 1 May 2025, the old system will be used to determine the renewal and grace periods. These changes will affect the renewal periods, grace periods, and fees for Registered EU Designs (REUDs).

Changes to Renewal Periods and Grace Periods

The Amending Regulation modifies how the renewal periods and grace periods are calculated. Historically, the expiration of a Registered EU Design was tied to the end of the month in which it was filed. However, under the new rules, designs will expire on the exact expiry date of the registration, and the grace period will start immediately after the expiry date.

The six-month grace period to renew a design starts the day after the design expires.

Determining the applicable system

One of the most significant considerations under the new rules is the timing of renewal requests. The cost of renewing a design will depend on when the renewal request is submitted and whether it falls under the old or new fee schedule.

• Renewal requests filed before 1 May 2025 will follow the old fee schedule as outlined in the Community Design Fee Regulation (CDFR) Annex.
• Renewal requests filed on or after 1 May 2025 will be subject to the new fees set out in Annex I of the European Union Design Regulation (EUDR), regardless of the payment method or processing time.

It must be recalled that we can only renew a design during the reneaal period, starting 6 months prior to the due date.

Renewal Fees: A Comparison of the Old and New Schedules

The changes to renewal fees are substantial, with significant increases for later renewal periods. Below is a breakdown of the fees applicable under both the old and new systems.

Fees for Renewal Requests filed Before 1 May 2025:

• First period of renewal: €90 per design
• Second period of renewal: €120 per design
• Third period of renewal: €150 per design
• Fourth period of renewal: €180 per design

Fees for Renewal Requests filed On or After 1 May 2025:

• First period of renewal: €150 per design
• Second period of renewal: €250 per design
• Third period of renewal: €400 per design
• Fourth period of renewal: €700 per design

The EU Design Reform introduces important changes to the renewal process for Registered EU Designs. By understanding the new rules and carefully considering the renewal periods, design holders can strategically time their renewals to minimize costs and ensure continued protection of their intellectual property. It is advisable, whenever possible, to complete renewals before 1 May 2025 to take advantage of the lower fees under the old system and avoid the significantly higher fees that will apply afterward.