Section 19 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 19 lets "any person interested" petition the Controller, at any time after registration, to cancel a registered design on one of five grounds. The Controller decides, an appeal lies to the High Court, and the Controller may at any time refer the petition itself to the High Court. If your design has been attacked, or if a rival's registration blocks you, our design objection reply team can help you plead or answer on the right ground.
Any person interested may present a petition for cancellation to the Controller at any time after registration on five grounds: (a) the design was previously registered in India; (b) it was published in India or elsewhere before the date of registration; (c) it is not a new or original design; (d) it is not registrable under the Act; or (e) it is not a design as defined in section 2(d). An appeal lies to the High Court from the Controller's order, and the Controller may refer the petition to the High Court, which then decides it.
Sub-section (1): who, when and on what grounds
"Any person interested may present a petition for the cancellation of the registration of a design at any time after the registration of the design, to the Controller on any of the following grounds, namely:-"
| Element | What the text says |
|---|---|
| Who | "Any person interested" |
| When | "At any time after the registration of the design"; no outer time limit is printed |
| To whom | The Controller |
| Form | A "petition"; the manner is in the Rules |
| Grounds | Five, in clauses (a) to (e) |
"Any person interested" is not defined in the Act. It is wider than "the aggrieved party" in some laws: a competitor, a person sued for piracy, or a manufacturer who would be hit by the registration may qualify, but the text does not say who is excluded and we do not add to it.
The five grounds
| Clause | Ground | Plain meaning |
|---|---|---|
| (a) | The design has been previously registered in India | Someone else already holds a registration |
| (b) | It has been published in India or any other country prior to the date of registration | Prior publication anywhere |
| (c) | The design is not a new or original design | Fails the newness or originality test |
| (d) | The design is not registrable under this Act | A catch-all for registration bars such as section 4 |
| (e) | It is not a design as defined under clause (d) of section 2 | Falls outside the definition or within its exclusions |
Clause (a). "Previously registered in India": a prior registration, not mere use. Section 6(3) protects a proprietor who adds other articles in the same class from being refused or invalidated by reason only of his own previous registration; clause (a) is aimed at registrations that were not the proprietor's own.
Clause (b). "Published in India or in any other country prior to the date of registration." The date is "the date of registration", which under section 5(6) is the date of the application. Compare section 4(b), which speaks of disclosure "prior to the filing date, or where applicable, the priority date". The sections differ in wording: clause (b) of section 19 does not mention a priority date. The text is silent on whether a priority date is to be read in; we do not extend it. Sections 16 and 21 also say certain disclosures are not publication sufficient to invalidate; see our articles on section 16 and sections 20–21.
Clause (c). "Not a new or original design". "Original" is defined in section 2(g).
Clause (d). "Not registrable under this Act". This ties to section 4, which lists designs that "shall not be registered": not new or original, disclosed before filing, not significantly distinguishable, or containing scandalous or obscene matter. See our article on section 4.
Clause (e). "Not a design as defined under clause (d) of section 2". For example, a feature that is a mere mechanical device, a trade mark or an artistic work is outside the definition.
Sub-section (2): appeal and reference
"An appeal shall lie from any order of the Controller under this section to the High Court, and the Controller may at any time refer any such petition to the High Court, and the High Court shall decide any petition so referred."
Two routes lead to the High Court.
- Appeal. Against "any order of the Controller under this section".
- Reference. "The Controller may at any time refer any such petition to the High Court", and "the High Court shall decide any petition so referred". The word "at any time" means the Controller can refer it before or after he has begun hearing it; the text gives no limit.
Section 36 fixes a period for appeals to the High Court; read it for the time limit (three months). "High Court" is defined in section 2(e) by reference to the Patents Act, 1970.
Related provisions
- Procedure. The Rules prescribe how a cancellation petition is presented and heard. See our how-to on filing Form 5, our petition template, and the sibling article on rule 29.
- As a defence. In a suit for piracy, section 22(3) makes "every ground on which the registration of a design may be cancelled under section 19" available as a defence. Where it is raised, section 22(4) requires the suit to be transferred to the High Court. See our article on section 22.
- Rectification. Section 31 deals with rectification of the register; it is a different remedy.
Illustration (invented)
Sapphire Bottles registers a fluted perfume bottle. Delta Glassworks, which sells a similar bottle, petitions the Controller for cancellation under section 19(1). It pleads clause (b), that a catalogue published in Singapore showed the same flutes before Sapphire's date of registration, and clause (c), that the design is therefore not new. The Controller hears both sides and cancels. Sapphire is aggrieved and appeals to the High Court under sub-section (2). Alternatively, had the Controller thought the point difficult, he could at any time have referred the petition itself to the High Court, which would then have decided it.
The grounds turn on dates, so collect dated evidence of earlier publication or registration, and keep copies of every order, since an appeal lies from "any order".
Need help with a cancellation petition or reply?
A cancellation fight turns on dates, documents and the right ground. Our design objection reply team can prepare your petition or your reply and advise on the appeal route.
Key takeaways
- Any person interested may petition the Controller for cancellation at any time after registration.
- The five grounds are prior Indian registration, prior publication, not new or original, not registrable, and not a design under section 2(d).
- An appeal lies to the High Court from any order of the Controller under section 19.
- The Controller may at any time refer a petition to the High Court, which shall decide it.
- The same grounds are available as a defence in a piracy suit under section 22(3).
Read next
- Cancellation of design registration: grounds and process
- Section 22: piracy of registered design
- Section 31: rectification of register
- Section 4: prohibition of registration of certain designs
Disclaimer: Based on the Designs Act, 2000 as enacted, as consulted on 1 October 2026. Forms, fees and procedure are set by the Designs Rules, 2001 as amended from time to time. This article is general information, not legal advice; check the official text before acting.