The 2026 EUIPO guidelines took effect on 1 July. They address representation practice, invalidity evidence and the shift to electronic proceedings.
Why updated guidelines matter
EUIPO's announcement identifies changes to graphic representations, product indications and invalidity practice, including online evidence. It also states that postal and courier submissions in EU design proceedings after 1 July 2026 are treated as not received. A team relying on an old paper-filing fallback needs a different contingency plan.
Prepare evidence as a record, not a collection of links
When online material may support invalidity, preserve what was visible, where it appeared and the relevant date. Record the relationship between the asserted earlier design and the material relied upon. A link to a changing sales page may be insufficient to explain the historical facts.
Three practical situations
A former supplier's catalogue disappears during a dispute: preserve it before correspondence begins. An online listing displays several product versions: identify the specific earlier appearance relied upon. An urgent filing faces an office-system problem: document the event and obtain advice on the applicable procedural remedy instead of assuming a postal dispatch is effective.
Review the procedural position separately
The admissibility of an application, the substantiation of a ground and the merits are different stages. Assign responsibility for translations and supporting material and track office communications. Faster priority examination is subject to conditions; it is not a general promise of an early invalidity decision.
Our approach
We connect evidence collection to the right, ground and procedural route being pursued. The objective is a coherent submission with a clear chronology and a manageable set of exhibits.
Evidence should answer a specific legal question
An exhibit needs a purpose: proving an earlier disclosure, showing the appearance of the earlier design, establishing entitlement or supporting another ground. Label the material consistently and explain the relationship between documents. If several images are said to depict the same earlier product, make that connection clear. A large bundle of loosely related references can obscure the strongest evidence rather than improve the case.
Online records need context
A current webpage may have changed since the relevant date. Preserve the available historical record, catalogue references, invoices or other supporting material that explains when the appearance became accessible. Record the exact version and avoid treating an automatically generated page date as conclusive proof of publication. Where the date is uncertain, identify the uncertainty and investigate it before building the submission around the reference.
Electronic filing needs internal controls
Assign responsibility for preparing, approving and submitting the application and its attachments. Keep the submission receipt, verify the documents actually transmitted and monitor the office’s response. A technical problem should be documented at the time and assessed under the applicable procedural rules. An internal deadline earlier than the legal deadline provides room to resolve format, translation or account-access issues.
Compare national design law · Representations and partial designs · Procedures and appeals