Chapter VI - General
Section 28
Section 28: Prohibition and publication of specification, drawings, etc., where application abandoned, etc.
Section 28 keeps abandoned or refused design applications confidential: the application and the drawings, photographs, tracings, representations or specimens left with it are never opened to public inspection or published by the Controller.
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Need advice on Section 28?
This article is for general information. Refer to the Designs Act, 2000 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
Where an application for a design has been abandoned or refused, the application and any drawings, photographs, tracings, representations or specimens left in connection with the application shall not at any time be open to public inspection or be published by the Controller.
Key takeaways
Permanent confidentiality
Once an application has been abandoned or refused, the bar applies 'at any time'.
Materials covered
It covers the application and any drawings, photographs, tracings, representations or specimens left in connection with it.
Scope of the bar
Section 28 applies once an application for a design has been abandoned or refused. From then on, neither the application nor the materials left with it may be opened to public inspection or published by the Controller.
Contrast with registered designs
For a registered design, section 17 allows any person, during the existence of copyright, to inspect the design on furnishing identifying information and paying the prescribed fee, and to obtain a certified copy. Section 28 ensures that designs which never reach registration are not disclosed through the Controller.
Practical points
Section 28 controls what the Controller publishes or opens to inspection; it does not restrict disclosures the applicant chooses to make.
Before filing again, check the current Designs Rules and IP India guidance on procedure and fees.
Hypothetical business example
Hypothetical: A company files a design application and later abandons it. The Controller will not publish the filed drawings or open them to inspection, so the design is not disclosed through the designs office.
Practical checklist
Do
- Keep your own record of what was filed with an abandoned or refused application.
- Decide deliberately whether to disclose a design yourself after abandoning an application.
Avoid
- Do not expect to inspect another applicant's abandoned or refused application through the Controller.
- Do not assume section 28 limits the applicant's own disclosures.
Glossary
- Abandoned application
- An application for registration of a design that is not pursued to registration.
- Representations
- Drawings or images showing the design as filed.
Frequently asked questions
Can the public see a refused design application?
No. Section 28 bars the Controller from opening an abandoned or refused application, and the materials left with it, to public inspection or publishing them at any time.
Which materials are protected?
The application and any drawings, photographs, tracings, representations or specimens left in connection with it.
How is this different for registered designs?
During the existence of copyright, section 17 allows inspection of a registered design and certified copies on payment of the prescribed fee.
Need help applying this provision to your situation?
Contact BizeneedLast updated 11 October 2026