Intellectual Property Rights - Law and Practice · Industrial Designs

Registrable Designs and Prohibition of Registration under Section 4

Updated 11 October 2026 · Fact-checked

Section 4 of the Designs Act, 2000 lists designs that cannot be registered: a design that is not new or original, was disclosed to the public before the filing or priority date, is not significantly distinguishable from known designs, or contains scandalous or obscene matter. To solve a question, test the facts against each ground in turn.

Understand Registrable Designs and Prohibition of Registration

A design protects how a product looks, not how it works. Think of the shape, pattern or ornament of a bottle, a fabric print or a phone cover. The Designs Act, 2000 lets the proprietor register such a design and get exclusive rights over it. Section 1 says the Act extends to the whole of India.

Not every design can be registered. Section 4 is the filter. It says a design shall not be registered if it fails any one of four tests. The tests are about novelty, prior disclosure, distinctiveness and decency.

The first test is in clause (a): the design must be new or original. The second is in clause (b): it must not have been disclosed to the public anywhere in India or any other country, by publication in tangible form, by use or in any other way, before the filing date (or the priority date, where applicable). The third is in clause (c): it must be significantly distinguishable from known designs or combinations of known designs. The fourth is in clause (d): it must not comprise or contain scandalous or obscene matter.

The key date is the filing date, or the priority date if priority is claimed. Section 5(6) says a registered design is registered as of the date of the application. Section 44 allows a priority claim if the Indian application is made within six months of the first application in the United Kingdom or another convention country. Disclosure after that date does not defeat the application.

Section 5(1) adds that the design must be one not previously published in any country and not contrary to public order or morality. Section 35 lets the Controller refuse a design whose use would, in his opinion, be contrary to public order or morality, with an appeal to the High Court. Section 4 grounds are also used later: Section 19 lets any person interested petition the Controller for cancellation, including on the ground that the design is not registrable under the Act.

Key rules to remember

Section 4 grounds of prohibition: No registration if: (a) not new or original; (b) disclosed to the public before filing/priority date; (c) not significantly distinguishable from known designs or combinations; (d) scandalous or obscene matter; Any one ground is enough to bar registration. Learn the four as N-D-D-S: Novelty, Disclosure, Distinguishable, Scandalous.
Meaning of prior disclosure: Disclosure = publication in tangible form, or use, or any other way, anywhere in India or any other country, before the filing date or priority date; The territory is worldwide. The cut-off is the filing date or priority date, not the registration date.
Section 5(1) conditions: Applicant claims to be proprietor + design new or original + not previously published in any country + not contrary to public order or morality; The Controller refers the application to an examiner before registration and considers the examiner's report.
Section 35 public order or morality: Controller may refuse a design whose use would, in his opinion, be contrary to public order or morality; appeal to High Court; This is a discretionary power ('may refuse'). Do not confuse it with the scandalous or obscene ground in Section 4(d).
Date of registration and priority: Registered as of the date of application (s.5(6)); priority claim valid if filed within 6 months of first foreign application (s.44); Priority gives the design the same date as the foreign application. It does not give damages for piracy before the actual date of registration in India.
Cancellation on Section 4-type grounds: Any person interested may petition the Controller at any time after registration (s.19(1)); Grounds include prior registration in India, prior publication before registration, not new or original, not registrable, not a design under section 2(d). Appeal lies to the High Court.

How to solve Registrable Designs and Prohibition of Registration questions

Use the same sequence for any problem on registrable designs. Write the provision, test each fact, then conclude.

1Identify what is being protected. Confirm it is a design (shape, configuration, pattern, ornament or composition of lines or colours applied to an article), not a function or idea.
2Fix the relevant date: the filing date, or the priority date if a foreign application was made within six months.
3Test novelty or originality under Section 4(a). Ask whether the design is already known or copied.
4Test prior disclosure under Section 4(b). Look for publication, exhibition, sale or use anywhere in the world before the relevant date. Also check any exception, such as a confidential disclosure under Section 16 or the priority-period protection in Section 44(2).
5Test Section 4(c). Ask whether the design is only a minor change to known designs or a mere combination of them.
6Test Section 4(d) and Sections 5(1) and 35. Check for scandalous or obscene matter and for any conflict with public order or morality.
7State the conclusion clearly: registrable or not, and which clause applies. If already registered, mention cancellation under Section 19 and the appeal to the High Court.

Quickest way: The four-gate check

When to use it: Use this when a short-answer or case-based question gives a few facts and asks whether the design can be registered.

Write the date line first: filing date or priority date.
Run four gates: Novel? Undisclosed before the date? Significantly different? Decent?
Fail at any gate means refusal under Section 4. Name the clause.
Add one line on the remedy: appeal to the High Court against refusal (s.5(4), s.35(2)), or cancellation petition if already registered (s.19).

Common mistakes in Registrable Designs and Prohibition of Registration

Treating the registration date as the cut-off for prior publication.
Students link publication to the date the design is registered.
Fix: Section 4(b) refers to the filing date or priority date. Disclosure before that date bars registration. For cancellation, Section 19(1)(b) separately refers to publication before the date of registration.
Thinking only publication in India defeats novelty.
Students assume the Act is territorial.
Fix: Section 4(b) says 'anywhere in India or in any other country'. Section 5(1) also says not previously published in any country.
Treating only printed publication as disclosure.
The word 'publication' suggests a printed document.
Fix: Disclosure can be by publication in tangible form, by use, or in any other way. Public sale or display of the product can count.
Mixing up Section 4(d) and Section 35.
Both concern morality-related refusal.
Fix: Section 4(d) bars designs with scandalous or obscene matter. Section 35 gives the Controller discretion to refuse a design whose use would be contrary to public order or morality, with an appeal to the High Court.
Ignoring the confidential disclosure rule.
Students treat every disclosure as fatal.
Fix: Under Section 16, disclosure by the proprietor to a person in circumstances making it contrary to good faith for that person to use or publish the design is not deemed a publication sufficient to invalidate the copyright. The same applies to acceptance of a first and confidential order for a new or original textile design intended for registration.
Confusing a design with a trademark or patent.
All three protect commercial creations.
Fix: A design protects the visual appearance of an article. A patent protects an invention and how it works. A trademark protects a sign that identifies the source of goods or services. State the object of protection in one line.

Worked examples

Example 1

Rohan Mehta, a Pune manufacturer, displayed a new design of water bottle at a public trade fair in Germany in January. He filed a design application in India in June of the same year. He had made no earlier application anywhere. Can the design be registered?

Show the solution

Provision: Section 4(b) bars a design disclosed to the public anywhere in India or any other country before the filing date or priority date. Section 5(1) requires that the design was not previously published in any country.
Relevant date: no foreign application was made, so no priority date exists. The cut-off is the Indian filing date in June.
Facts: the public display in Germany in January was before June, so it was a disclosure to the public in another country.
Exceptions: Section 16 does not help, as the fair was public and not a confidential disclosure. Section 44 does not help, as there was no earlier application in a convention country.
Conclusion: the design was disclosed before the filing date, so it cannot be registered under Section 4(b).

Answer: The design cannot be registered. Public display in Germany before the Indian filing date is prior disclosure under Section 4(b). If the application is refused, Rohan may appeal to the High Court under Section 5(4).

Example 2

Meera Textiles shows a new fabric print in confidence to a buyer, Anil, and takes a first confidential order for fabric bearing that print. Anil then leaks the print on social media in breach of good faith. Meera files for registration afterwards. Is the design barred as published?

Show the solution

Provision: Section 4(b) bars registration of a design disclosed to the public before the filing date. Section 16 qualifies this.
Facts: Meera disclosed the design to Anil in circumstances making it contrary to good faith for him to use or publish it. Anil later disclosed it in breach of good faith. He is not the proprietor.
Rule: under Section 16, disclosure by the proprietor in such circumstances, disclosure in breach of good faith by a person other than the proprietor, and acceptance of a first and confidential order for a new or original textile design intended for registration, are not deemed a publication sufficient to invalidate the copyright if registration is obtained subsequently.
Application: all three situations are present, and registration is sought afterwards.
Conclusion: the disclosure does not by itself invalidate the copyright in the design. Meera must still meet the other tests, including novelty and being significantly distinguishable.

Answer: The breach-of-good-faith disclosure and the confidential order are not deemed publication sufficient to invalidate the copyright under Section 16, so registration is not barred on this ground. Meera must still satisfy Section 4(a), (c) and (d).

Exam tips

Quote Section 4 clause by clause. Write (a), (b), (c), (d) with a few words each, then apply them to the facts.
In case questions, find the dates first. Disclosure before the filing or priority date is usually the hidden issue.
Mention the Section 16 and Section 44(2) safeguards when a facts-pattern includes confidential disclosure or exhibition in the six-month priority period.
For a 'differentiate' question on design, patent and trademark, use the object of protection: appearance of an article, invention, and source-identifying sign.
End with the remedy: appeal to the High Court on refusal, or cancellation petition under Section 19. Examiners reward the practical conclusion.

Practice questions from Industrial Designs

Registrable Designs and Prohibition of Registration in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

CS ExecutiveRegistration of Designs and Prohibited Designs

Registrable Designs and Prohibition of Registration: frequently asked questions

What does Section 4 of the Designs Act, 2000 say?

It lists four grounds on which a design shall not be registered. The design is not new or original, was disclosed to the public before the filing or priority date, is not significantly distinguishable from known designs or combinations of known designs, or comprises or contains scandalous or obscene matter.

Does disclosure outside India affect registration of a design in India?

Yes. Section 4(b) covers disclosure anywhere in India or in any other country. A public display or publication abroad before the filing or priority date can bar registration.

What is the difference between a design, a patent and a trademark?

A design protects the visual appearance of an article, such as its shape or pattern. A patent protects an invention and how it works. A trademark protects a sign that tells consumers who the goods or services come from.

Can a registered design be cancelled on Section 4-type grounds?

Yes. Under Section 19, any person interested can petition the Controller at any time after registration. Grounds include that the design is not new or original, was published before the date of registration, or is not registrable under the Act. An appeal lies to the High Court.