Section 4 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 4 lists four kinds of design that "shall not be registered". A design that is not new or original, one already disclosed to the public, one not significantly distinguishable from known designs, and one containing scandalous or obscene matter all fall outside registration. For a designer or brand, this is the section that decides whether a design is worth filing, so read it before you show the product to anyone. Our industrial design registration team begins every file with this check.
A design shall not be registered if it (a) is not new or original; (b) has been disclosed to the public anywhere in India or in any other country by publication in tangible form, by use or in any other way before the filing date or, where applicable, the priority date; (c) is not significantly distinguishable from known designs or a combination of known designs; or (d) comprises or contains scandalous or obscene matter. The test is applied against the filing date, so a launch before filing can defeat the design.
The text, clause by clause
"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."
(The text prints clause (b) without its opening bracket, "b)". It is a misprint; read it as (b).) The four clauses are joined by "or". Failing any one is enough.
| Clause | Ground | Reading in plain words |
|---|---|---|
| (a) | Not new or original | The design is not new, or does not originate from its author |
| (b) | Disclosed to the public before the filing or priority date | Anywhere in the world, by publication, use or any other way |
| (c) | Not significantly distinguishable | It does not differ enough from known designs or from a combination of them |
| (d) | Scandalous or obscene matter | The design itself comprises or contains such matter |
Clause (a): not new or original
"Original" is defined in section 2(g): it means "originating from the author of such design and includes the cases which though old in themselves yet are new in their application". "New" is not defined in the Act. A design that is a copy of someone else's work does not originate from its author. A design that is old in itself may still be original if it is new in its application, for example an old pattern applied for the first time to a drinking bottle. See our article on section 2.
Clause (b): prior disclosure
This is the clause most applicants meet in practice. Look at the words:
- "disclosed to the public": the key idea is disclosure to the public, not to one or two people. Section 16 deals with disclosures in confidence; see the article on section 16.
- "anywhere in India or in any other country": there is no territorial limit. A catalogue printed abroad can count.
- "by publication in tangible form or by use or in any other way": a printed brochure, a sale, a trade fair display or an online post may all be disclosure under these wide words. The text does not give a list, so we do not claim that any particular act counts; the words "in any other way" are wide.
- "prior to the filing date, or where applicable, the priority date": the reference point is the date of filing, or the priority date if the applicant claims priority from an earlier foreign application. Section 44 covers the priority period.
Two other sections soften the rule in narrow cases. Section 21 deals with exhibitions notified by the Central Government and gives a window of six months, and section 16 covers disclosures made in good faith or in confidence. Read each on its own text; section 4 itself carries no exception.
Clause (c): not significantly distinguishable
The design must be "significantly distinguishable" from "known designs or combination of known designs". The test has two parts: the comparison base is both single known designs and combinations of them, and the degree is "significantly". The Act does not define either "known designs" or "significantly". It does not say whose eyes judge the difference. Draft your representation so that the features that set your design apart are clear.
Clause (d): scandalous or obscene matter
A design that "comprises or contains scandalous or obscene matter" is barred. The Act does not define scandalous or obscene. Section 5(1) separately speaks of a design that is "contrary to public order or morality", and section 35 deals with refusal on public-order grounds; see sections 35 and 36.
What happens if section 4 applies
Section 4 is a bar to registration. Three routes show where it bites.
- At examination. An examiner reports under the proviso to section 5(1), and the Controller considers the report. A refusal is open to appeal to the High Court under section 5(4).
- After registration. Section 19(1) lets any person interested petition for cancellation on grounds that include prior publication (clause (b)), "not a new or original design" (clause (c)) and "not registrable under this Act" (clause (d)). See our article on section 19.
- In a piracy suit. The text of section 22(3) allows grounds of cancellation to be pleaded as a defence; that is covered in our article on section 22.
Illustration (invented)
Harbour Lamps, a start-up in Kochi, launches a woven cane pendant lamp at a craft fair in March and posts photographs on its web page. It applies to register the lamp in October. If the March display and the web post amount to disclosure to the public by use or in any other way before the filing date, clause (b) stands in the way, whatever the quality of the design. Had Harbour filed before the fair, the filing date would be earlier than any disclosure and clause (b) would not apply to the fair. If, instead, Harbour showed the prototype in confidence to a manufacturer under a promise of secrecy, section 16 is the section to examine, not clause (b) alone.
A second invented example: Rangoli Packs files a carton with a pattern that is a mere combination of two borders already known on commercial cartons. Clause (c) is the question: is the carton "significantly distinguishable" from that combination?
A checklist before you file
- Search known designs and your own catalogues for anything similar.
- List every public showing of the product, in India and abroad, with dates.
- Check whether a convention filing gives a priority date; see section 44.
- Keep any confidentiality agreements.
- File first, launch afterwards.
Need help with a design that may face section 4?
If you have already shown or sold a product and want to know whether a design application is still open to you, our industrial design registration experts can review the dates and the representation and advise on the application.
Key takeaways
- Section 4 lists four grounds on which a design "shall not be registered", joined by "or".
- Disclosure to the public anywhere in the world before the filing date (or priority date) can bar registration.
- A design must be significantly distinguishable from known designs and combinations of them.
- Scandalous or obscene matter is barred, and the Act does not define either word.
- Several of the same grounds can be raised later in a cancellation petition under section 19.
Read next
- Section 5: application for registration of designs
- Section 19: cancellation of registration
- What can be registered as a design in India
- Common mistakes in design registration and how to avoid them
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.