How to view your design from the perspective of an EUIPO examiner

EUIPO Design Application Guide - Specific Tips for Your Design

  

When applying for design protection, understanding the rules for submitting correct representations is crucial. This not only helps applicants successfully pass the examination but also ensures the design is accurately and comprehensively protected. This article will provide a detailed analysis of the key requirements and common issues regarding the submission of representations in design applications.

Sectional views of a design are defined as presentations from specific angles, including perspective, front, top, right, left, rear, and bottom views. 

When filing a design application, submitting just one view is sufficient. However, other non-traditional views, specifically exploded and sectional views, cannot be submitted independently.

Even if a specimen replaces the design representation, applicants must still submit graphic or photographic copies at the latest 3 months before the end of the 30-month deferral period or 3 months prior to publication.

A maximum of 7 views can be submitted, including plan, elevation, section, perspective, or exploded views. One copy per view is required.

If views exceed 7, the EUIPO will ignore any additional views during registration and publication, processing views in the sequence the applicant numbered them.

If there are fewer than 7 views and no numbering, the examiner will number the views according to the sequence provided in the application.

Examiners will not alter the order or orientation of views in the application.

View consistency: 

  • Examiners will ensure that these views pertain to the same design, meaning they relate to the appearance of the same product or its components.

 

Combining Multiple Visual Representations

It's advised to use a single type of visual representation for a design, such as consistently using drawings or photographs.

When different visual forms are employed, each must clearly relate to the same design and maintain consistency when comparing the disclosed features. If different forms show discrepancies, they cannot be considered the same design. Mismatches often arise when combining drawings and photos, especially if drawings reveal features beyond contours that differ from those in photographs. The EUIPO strongly recommends that applicants wishing to use different forms submit each as a separate design. These can be merged into multiple applications. If discrepancies occur and involve multiple designs, the applicant will need to withdraw some designs or convert the application into one for multiple designs, paying the respective fees.

  • Exploded views: These display the disassembled parts of a product, showing how components fit together. An exploded view must be paired with at least one view of the assembled product. All disassembled components must be shown in a single view. Without a view of the assembled product, the examiner will issue a correction notice, asking for views of the assembled product intended for protection. The original filing date is retained if new designs don't include features not in the original.
  • Enlarged views: An enlarged view shows a portion of the design at an increased scale. A single enlarged view is acceptable if the enlarged part is visible in other submitted views. This view must be submitted as a single, individual view.
  • Partial views: These show only a section of the product and can be enlarged. Partial views must be paired with at least one view of the assembled product (different parts must interconnect). If all views show different detailed parts without showing connections between them, the examiner will issue a correction notice, offering the applicant three options:
    • "Unity of class" can be maintained, allowing conversion to multiple applications, each part as a separate design, with fees for multiple designs.
    • If "unity of class" cannot be maintained, convert the application to single applications and pay a fee for each design.
    • Withdraw views representing other designs, restricting the application to a single design.
  • Sectional Views: Representations with technical indicators like axes, dimensions, or numbers are not accepted. A sectional view should clearly represent the same design and must be submitted alongside other traditional views like front views.
    • Snapshot Sequences (Animated Designs): Snapshots are short sequences of views showing a single animated design at different specific moments in a clear, progressive manner. This could include an animated graphical user interface. All views of animated icons or graphical user interfaces must be visually interconnected, sharing common features. It's the applicant's responsibility to order the views so that movement or progression is clearly perceived.
    • Product Sets: A product set is a group of related products with no mechanical connections between them. Items that aesthetically and functionally complement each other, typically sold together, like a chessboard and pieces, or a set of knives, forks, and spoons, can be included in a single design application. The applicant must clearly state in the description that the design's protection is for the combination of items as a set, not each item individually. At least one view must show the appearance of the entire set within the seven views. Otherwise, the examiner will issue a correction notice, providing three options:
      • If "unity of class" can be maintained, convert the application into multiple design applications for each item, with associated fees.
      • If "unity of class" cannot be maintained, convert the application into individual design applications, with separate fees for each design.
      • Withdraw views representing other designs, limiting the application to just one design.

 

Design Variants: 

  • Different implementations of the same concept cannot be classified under a single design application; each variant is its own design. The EUIPO may issue a correction notice, offering three options:
    • If "unity of class" can be maintained, convert the application into multiple applications for each design, with fees for each.
    • If "unity of class" cannot be maintained, convert the application into individual applications for each design, paying the respective fees.
    • Withdraw views representing other designs, limiting the application to a single design.

 

Color: 

A design can be submitted in either monochrome (black and white) or color. Combining black and white views with color views for a design will lead to rejection due to inconsistency. The same applies to inconsistencies where the same feature is depicted in different colors across views. Such inconsistencies indicate more than one design is involved. Therefore, the applicant must either withdraw some color views to ensure consistency or convert the application into multiple applications, paying the associated fees. However, if different colors for the same feature across views represent a relevant characteristic of the design, demonstrating changes in color over time through use, this can be accepted by the EUIPO if backed by evidence. If the design views are in color, the granting and publication will also be in color.

 

External Elements: 

The submitted design images should not include any extraneous elements unless they do not cast any doubt on the protected design and are included solely for explanatory purposes.

Using Visual Disclaimers to Exclude Features from Protection: Features that are not intended for protection can be excluded using visual disclaimers like broken lines, blurring, or color shading, which delineate the protected design features within defined boundaries, making it clear that elements outside these boundaries are not protected. Several methods can be utilized for visual disclaimers:

  • Broken Lines: Features not seeking protection are represented with broken lines, while protected parts use solid lines. If broken lines are a feature of the design itself, such as stitching on garments, this must be explicitly stated in the description. Alternative methods like color shading, blurring, or boundaries can be used instead. The EUIPO advises against using zigzag lines for portions or lines not visible in certain views of the design.
  • Blurring: This can be used to obscure features in drawings or photos that are not for protection. It is only accepted if the protected features are clearly distinct from the blurred ones.
  • Color Shading: This involves using contrasting tones in images to sufficiently obscure non-protected features. When using color shading, the features to be protected must be clear and distinct, while the non-protected features should be shown in a different, indistinct shade.
  • Boundaries: Boundaries indicate that features outside them are not sought for protection.

 

Explanatory Text, Words, or Symbols: 

Apart from the applicant's name or address, views should not display any explanatory text, words, or symbols. If such elements (like arrows) are clearly not part of the design, examiners may use IT tools to remove them. If technical reasons prevent this, the applicant will be asked to submit clean views or withdraw the defective ones.

 

Modifications and Supplemental Views: 

Generally, statements should not be modified after submission. Submitting supplementary or withdrawing views is not permitted unless explicitly allowed or required by the EUIPO. When allowed, modifications or supplementary views must be electronically submitted in JPEG format.

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Posted on
Oct 14, 2025