Article 8 · Commission Delegated Regulation (EU) 2026/137

Contents

Article 8Multiple applications for a declaration of invalidity#

1.Where several applications for a declaration of invalidity have been filed related to the same registered EU design, the Office may deal with them in one set of proceedings. The Office may subsequently decide to examine those applications for a declaration of invalidity separately.

2.Where a preliminary examination of one or more applications reveals that the registered EU design may be invalid, the Office may suspend the other invalidity proceedings. The Office shall inform the remaining applicants affected by the suspension of any relevant decisions taken in the context of those ongoing proceedings.

3.Once a decision declaring the invalidity of the design has become final, the applications in respect of which the proceedings have been suspended in accordance with paragraph 2 shall be deemed to have been disposed of and the Office shall inform the applicants concerned accordingly. Such a disposition shall be considered to constitute a case which has not proceeded to judgment within the meaning of Article 70(4) of Regulation (EC) No 6/2002.

4.The Office shall refund 50 % of the fee for an application for a declaration of invalidity referred to in Article 52(2) of Regulation (EC) No 6/2002 paid by each applicant whose application is deemed to have been disposed of in accordance with paragraph 3 of this Article.