Deferment of publication lets you register an EU design while keeping its appearance secret for up to 30 months from filing or priority, which is why it is the standard tool for confidential product launches. Under the rules in force since 1 July 2026, the request and the deferment fee (EUR 40, plus EUR 20 for each additional deferred design) must come with the application, and publication now happens automatically at the end of the period unless you surrender the design in time. This guide is for product, design and legal teams planning launches in the EU.
Key takeaways
- Deferment must be requested in the application; later requests are not accepted, even on the same day.
- If the deferment fee is not paid with the application, or within the period set by the EUIPO to remedy it, the application is refused.
- Publication is automatic at the end of the 30 months. To avoid it, you must surrender the design at least three months before the period expires.
- While publication is deferred, the registered design only protects against copying, as an unregistered design does.
- When the product launches, you can ask for earlier publication to obtain the full exclusive right.
What is deferment of publication and why use it?
Normally, the EUIPO (the European Union Intellectual Property Office) publishes a registered EU design in the EU Designs Bulletin as soon as it is registered, and registration can take place within two working days. As recital 37 of Regulation (EU) 2026/715 puts it, normal publication could in some cases destroy or jeopardise the success of a commercial operation involving the design. Deferment solves that.
Under Article 62, the applicant may request, when filing, that publication be deferred for up to 30 months from the filing date or, if priority is claimed, from the priority date. The design is registered, but neither the representation nor the file is open to public inspection. The Bulletin only announces that a deferred registration exists, with the holder’s name, the representative, the filing and registration dates and the file number. Nothing that identifies the appearance is published.
What changed for deferment on 1 July 2026?
The EUIPO announced “stricter rules on deferment” when the reform became fully applicable. Its summary of the reform explains the logic: deferred publication is no longer subject to a separate publication fee, so holders can no longer stop publication simply by not paying; they must expressly surrender the designs they do not want published.
| Issue | Before the reform | Since 1 July 2026 |
|---|---|---|
| Fees | Registration fee, deferment fee and a publication fee paid at the end of deferment | A single application fee covering registration and publication, plus the deferment fee at filing |
| Deferment fee not paid | Late payment was possible, with a surcharge | Application refused if not paid at filing or within the period to remedy (Article 55) |
| Avoiding publication | Not paying the publication fee | Express surrender at least 3 months before the end of deferment (Article 62(5)) |
| Publication | Depended on payment | Automatic at expiry of the deferment period |
How much does deferment cost and when must you pay?
Annex I of the Regulation sets the official EUIPO fees:
| Fee | Amount |
|---|---|
| Application fee (one design) | EUR 350 |
| Each additional design in a multiple application | EUR 125 |
| Deferment of publication (single or first design) | EUR 40 |
| Each additional design subject to deferment | EUR 20 |
For example, a multiple application with five designs, all deferred, costs EUR 970 in official fees: EUR 350 + 4 × EUR 125 + EUR 40 + 4 × EUR 20. Professional fees are separate.
According to the EUIPO Guidelines in force since 1 July 2026, the deferment fee must be received together with the application fee. If it is missing or short, the Office issues a deficiency letter under Article 55(3), giving two months to pay; if the deficiency is not remedied, the application is refused (Article 55(5)). When a payment does not cover everything, it is applied first to the application fees and then to the deferment fees in the numerical order of the designs; designs whose deferment fees remain unpaid are refused (Article 55(6)). A deferment request can cover only some designs of a multiple application, but each one must be clearly identified.
What protection do you have while publication is deferred?
- Protection against copying only. Article 20(5) applies the unregistered-design standard until the register entries and the file are made public: you can act against copies, not against independent creations.
- Disclosure before suing. Legal proceedings during deferment require that the register and file information be communicated to the defendant (Article 62(9)). The holder can obtain an extract from the register showing the design for that purpose, although no registration certificate is issued while publication is deferred.
- Limited access for third parties. Others can see only the holder, representative, dates, file number and the fact of deferment (Article 109(5)). Someone who shows a legitimate interest, for example because you have asserted the design against them, can inspect the file (Article 109(2)).
The practical consequence is clear: deferment protects secrecy, not market exclusivity. Once the product is on sale, the secrecy has no value and the copying-only limit becomes a weakness.
How should deferment fit your launch strategy?
- File before any disclosure, with the deferment box ticked for each design concerned and the fee paid. If you forget, the Guidelines advise withdrawing the application immediately and contacting the Office the same day, because registration and publication can happen within two working days.
- Count the 30 months from the right date. If you claim priority from a first filing elsewhere, the period runs from the priority date, so up to six months may already have passed.
- Request earlier publication at launch. Under Article 62(4), you can ask for publication at any time; the EUIPO publishes as soon as technically possible (Article 63), and from then on the full exclusive right applies.
- Decide on surrender in time. If a design will not be launched, file the surrender at least three months before expiry. The EUIPO sends a reminder at least four months before, but the Guidelines warn not to rely on it.
- Align foreign filings. Before filing abroad within the priority period, check how quickly each office publishes; a foreign publication can reveal a design you are keeping confidential in the EU.
For international registrations designating the EU under the Hague System, the EUIPO procedure does not apply: deferment is governed by the Geneva Act, can be requested only for all the designs in an application, and is limited to 30 months for the EU.
What this means for your business
- Build deferment into your product calendar: filing date, launch date, early publication request and the surrender deadline.
- Pay deferment fees with the application and check that the amount matches the number of designs to be deferred.
- Use multiple applications to defer only the designs that need secrecy, and publish the rest.
- Plan Latin American and African filings within the six-month priority window without undermining confidentiality.
Our team for EU design filing and deferment strategy can prepare the application, track every deadline and coordinate foreign filings around your launch.
Where companies get deferment wrong
- Forgetting to request it. A request after filing is not accepted, and the design may be public within days.
- Underpaying fees in multiple applications, so some designs are refused.
- Assuming the design will quietly lapse if nothing is done. Under the new rules it is published automatically.
- Keeping deferment after launch, which leaves you with copying-only protection when competitors are already on the market.
- Missing the three-month surrender deadline for a design you never intended to reveal. Our cross-border IP strategy team keeps these dates on one calendar with your other markets.
Frequently asked questions
How long can I defer publication of an EU design?
Up to 30 months from the filing date or, if you claim priority, from the priority date, under Article 62(1) of Regulation (EU) 2026/715. At the end of the period the design is published automatically. You can ask for earlier publication at any time, and the EUIPO publishes it as soon as technically possible.
What happens if I do not pay the deferment fee at filing?
The EUIPO sends a deficiency letter giving you two months to pay, under Article 55(3). If the fee is not paid within that period, the application is refused under Article 55(5). In a multiple application, the designs whose deferment fees are not covered are refused.
Can I stop a deferred design from being published?
Yes, but only by surrendering it. Under Article 62(5), the surrender request must be filed at the latest three months before the end of the deferment period and must meet the formal requirements of Article 71. Late or defective requests are rejected and the design is published.
Can IP Global Guard manage deferred filings for our product launches?
Yes. We prepare and coordinate the EU design applications with deferment before the EUIPO, directly where our professionals are entitled to act and otherwise through qualified representatives, track the early publication and surrender deadlines, and coordinate filings in Latin America and Africa through local correspondents, with one point of contact.
How IP Global Guard can help you launch with confidence
Deferment works only if filing, payment, launch and surrender dates are managed as one plan. IP Global Guard, the intellectual property services line of META Channel Corporation Limited, coordinates design portfolios across more than 25 jurisdictions in Europe, Latin America and Africa with one strategy and one billing relationship; see our coverage across the corridor.
Tell us which designs you want to keep confidential, your planned launch date and the markets that matter. We will set up the filings, the deferment and the calendar that goes with them. Get in touch with our design team.
This article is general information, not legal advice, and reflects the position on its publication date.
Sources
- EUR-Lex, Regulation (EU) 2026/715 on European Union designs (codification), OJ L of 30 March 2026
- EUIPO, The modernised EU design legal framework is now fully applicable (1 July 2026)
- EUIPO, Decision No EX-26-09 adopting the 2026 Guidelines, designs part (in force 1 July 2026)
- EUIPO, EU designs legislative reform: summary of changes applying from 1 July 2026 (July 2026)
