Instructions for paying annual design fees after the EU design reform

Submitted by song on Thu, 12/19/2024 - 14:05

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Instructions for paying annual design fees after the EU design reform

EU designs are about to face major changes. After the new rules come into effect, there are no detailed provisions in the Amendment Regulation for designs that need to be renewed. Recently, EUIPO issued guidelines for the payment of annual fees for renewal of designs during the transition period of design changes.

The implementation of the EUIPO Amendment Regulation changes the basic period for renewal of EU design annual fees, as well as the grace period for non-renewal within the basic period.

Renewals before May 1, 2025: For designs started before May 1, 2025, the old rules for annual fees and grace periods will apply. For example, if a REUD is filed on April 15, 2020, the first annual fee for that design must be paid between November 1, 2024 and April 30, 2025, and the grace period will be from May 1 to October 31, 2025.

Renewals on or after May 1, 2025: For designs with renewal periods beginning on or after the date the new rules apply, i.e. May 1, 2025, the new fee rules will apply. For example, a REUD filed on November 23, 2020 will expire on November 23, 2025. The design right holder must renew the design by paying the annual fee for the next year between May 24, 2025 and November 23, 2025. The grace period is from November 24 to May 23, 2026.

The cost of a design renewal depends on when you file your renewal application:
For renewal applications received before May 1, 2025, the old fee schedule in the annex to the CDFR will apply.
For renewal requests received on or after May 1, 2025, the fees set out in Annex I to the EU Design Implementing Regulation will apply, regardless of the method of payment or payment processing time.

Under the new renewal deadline, users can choose to renew their designs before or after May 1, 2025, when the new rules come into effect, to enjoy the most favorable fees. Please note that renewals can only be made within six months before the expiration of the design. For renewal requests received before May 1, 2025, the following fees will apply regardless of the payment method:

11. Renewal fee for each design, pursuant to Art. 13(1) of Regulation 6/2002 ; Art. 22 ( 2)(a) of Regulation 2245/2002 ), whether or not included in multiple designs:
1st annual fee: 5th to 10th year	90 € per design
Second annual fee: 11th to 15th year	120 Euros per design
3rd annual fee: 16th to 20th year	150 Euros per design
4th annual fee: 21st to 25th year	180 Euros per design

For renewal applications received on or after May 1, 2025, the following fees will be charged:

11. Pursuant to Art. 50d(1)(3) and (9) , whether or not included in multiple designs:
1st annual fee: 5th to 10th year	150 Euros per design
Second annual fee: 11th to 15th year	250 Euros per design
3rd annual fee: 16th to 20th year	400 Euros per design
4th annual fee: 21st to 25th year	700 Euros per design