Chapter II - Registration of Designs
Section 4
Section 4: which designs cannot be registered?
Section 4 is the eligibility filter for design registration. A visual design may be refused if it lacks novelty or originality, was publicly disclosed before the relevant filing or priority date, is insufficiently distinct from known designs, or contains scandalous or obscene matter.
On this page
Need advice on Section 4?
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
A design which —
(a) is not new or original; or
(b) has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration; or
(c) is not significantly distinguishable from known designs or combination of known designs; or
(d) comprises or contains scandalous or obscene matter
shall not be registered.
Introduction
Section 4 applies before registration. It should be read alongside section 2(d)'s definition of a design and section 5's application procedure. Registration may also face other Act or Rules objections.
Key takeaways
Novelty or originality
A design that is neither new nor original cannot be registered under clause (a).
Worldwide disclosure
Clause (b) considers disclosure anywhere in India or abroad before the filing date or applicable priority date, including disclosure by use.
Known designs
A design must be significantly distinguishable from known designs or their combination under clause (c).
Check the public record before filing
Search registered and published designs as well as product catalogues and other public disclosures. Record the relevant dates and retain dated evidence of the design's development.
Compare visual features
Assess the claimed visual features against known designs. Section 4(c) asks whether the design is significantly distinguishable; merely changing an immaterial detail may not overcome an objection.
Coordinate launch and filing
Because worldwide disclosure before filing or priority can bar registration, review planned product launches, marketing and public demonstrations before making them public. Where an overseas application exists, check the separate convention-priority rules.
Practical checklist
Do
- Identify the visual features claimed for protection.
- Search prior designs and product disclosures in India and abroad.
- Record first public disclosure and any priority-application date.
Avoid
- Do not assume foreign publications are irrelevant.
- Do not equate a minor variation with significant distinctiveness.
Glossary
- Priority date
- An earlier application date that may be claimed under the Act's convention arrangements when their conditions are met.
- Prior disclosure
- A design made available to the public before the relevant filing or priority date.
Frequently asked questions
Does prior disclosure outside India matter?
Yes. Section 4(b) expressly refers to disclosure anywhere in India or any other country.
Is a small change to a known design enough?
Not necessarily. Section 4(c) requires significant distinctiveness from known designs or their combination.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026