Design Law 2026: New Protection Opportunities for Digital Designs and 3D Printing

Practical significance: Businesses seeking EU-wide protection through a registered EU design filed with the EUIPO can already make use of the new options. The new rules for German registered designs filed with the German Patent and Trade Mark Office (DPMA) will not apply until 9 December 2027.

The key changes at a glance

1. Digital, animated and virtual designs are expressly protected

The new law defines both “design” and “product” more broadly. In future, a design will also include the movement, transition of state or any other form of animation of its features. A product is defined as any industrial or handicraft item, expressly regardless of whether it has a physical embodiment. Computer programs themselves remain excluded.

The following are among the designs eligible for protection:

• Graphical user interfaces (GUIs) for apps, software and machines
• Icons, logos, symbols and typographic typefaces
• Animated logos, transitions and micro-animations
• Virtual products, for example in games, augmented and virtual reality (AR/VR) applications or the metaverse
• Spatial designs, such as retail concepts, showrooms or exhibition stands

The application process is also being modernised. Representations may be static, dynamic or animated. In future, the DPMA will permit up to 20 static representations and one dynamic or animated representation per design. Since 1 July 2026, the EUIPO has accepted animated representations in MP4 format with a maximum file size of 20 MB.

2. 3D printing: Protection before manufacturing begins

Previously, design infringement primarily concerned a product that had already been manufactured. In future, the exclusive right will also cover creating, downloading, copying, sharing or distributing files or software that record the design in order to enable a product to be manufactured.

This particularly affects CAD and STL files on download platforms. Rights holders can therefore take action earlier, before a single counterfeit product has been printed. Conversely, the liability risks for platform operators and providers of print templates will increase.

3. New transit rules against counterfeit goods

In future, holders of registered designs will be able to prohibit counterfeit goods originating in third countries from being transported through Germany, even if the goods do not enter free circulation in Germany.

The protection ceases to apply only if the declarant or holder of the goods proves in the customs proceedings that no right exists in the destination country to prohibit the goods in question. This significantly strengthens customs detention measures at the border.

4. The design symbol Ⓓ

Similar to the ® symbol used for trade marks, holders of registered designs will in future be able to place the Ⓓ symbol, a letter D enclosed in a circle, on their products. The registration number or a link to the register entry may also be provided. Use of the symbol is voluntary. However, it can have a deterrent effect and make it easier to establish that infringers could have known about the intellectual property right. The Ⓓ symbol can also serve as a suitable promotional tool for highlighting to customers the quality of an item or product protected by design law.

5. Repair clause for spare parts

Visible spare parts used exclusively to repair a complex product and restore its original appearance will no longer be protected under design law. This primarily concerns body panels, headlights and housings. Manufacturers of aftermarket replacement parts must clearly provide information about the origin and manufacturer.

In Germany, the repair clause has already applied to new designs since 2020. For older designs filed before 2 December 2020, the existing protection will end on 9 December 2032. This raises a further consideration, particularly for manufacturers of long-lasting products such as vehicles, furniture and machinery: whether the protection of distinctive product designs and parts thereof can be maintained through other intellectual property rights, including three-dimensional trade marks. One particular feature of trade mark law is that novelty is not a requirement. Consequently, objects that have already been on the market for many years may, in principle, still be eligible for trade mark protection.

6. New limitations: Parody, criticism and reference

In future, design rights may not be enforced against acts that identify a product as that of the rights holder or refer to it, or against commentary, criticism or parody. The condition is that such acts must be consistent with honest practices in industrial or commercial matters. This gives traders of accessories and compatible products greater legal certainty.

7. Term of protection, fees and proceedings before the DPMA

• Term of protection: Still up to 25 years, maintained in five-year periods.
• Fees: The electronic application fee remains €60. The maintenance fees are €90, €120, €150 and €180 for each successive five-year period.
• Due dates: As with trade marks, maintenance fees become due six months before the end of the protection period. The DPMA provides notice of expiry at least six months in advance.
• Invalidity proceedings: The terminology is being standardised; the fee is €300 per design.
• Multiple applications at EU level: Up to 50 designs, including designs from different classes.

What businesses should do now

1. Review the design portfolio: Which digital designs, such as app screens, icons, animations and virtual products, are not yet protected? New opportunities arise in these areas.
2. Determine the filing strategy: Registered EU designs filed with the EUIPO already offer EU-wide protection for digital and animated designs. National applications filed with the DPMA will not be able to use the new representation formats until 9 December 2027.
3. Preserve novelty: A design must be new when the application is filed. The 12-month grace period for novelty can help, but it does not replace timely filing, particularly before product launches and trade fairs.
4. Assess 3D printing risks: Manufacturers should monitor download platforms. Platforms and service providers should establish review and takedown procedures.
5. Review the spare-parts business: Manufacturers of complex products should plan for the transition period ending in 2032. Suppliers of aftermarket replacement parts should adapt their origin labelling.
6. Update deadlines and contracts: The revised due dates for maintenance fees should be incorporated into deadline management. Licence agreements and agency contracts should expressly address the new terminology and digital designs.
7. Use the Ⓓ symbol: Products and packaging may in future be labelled with the design symbol and registration number.
8. Consider three-dimensional trade mark protection: Developers and manufacturers should assess whether their products or parts thereof are eligible for trade mark protection. This may allow protection under an intellectual property right to continue even after design protection ceases.

New legal framework, new opportunities for your designs

As a specialist lawyer in intellectual property law with more than 25 years of experience, Stephan Schneller supports businesses from filing applications with the DPMA and EUIPO through to enforcing their rights in court. Together, we develop a design strategy that takes digital designs, 3D printing risks and your spare-parts business into account.