17-U.S.C.-1302
§1302 – Designs Not Subject to Protection
Pathway
Title 17 > Chapter 13 > Section 1302
Details
- Reference: Section 1302
- Legend: §1302 – Designs Not Subject to Protection
- USCode Year: 2013
Provision Content
Protection under this chapter shall not be available for a design that is—
(1) not original;
(2) staple or commonplace, such as a standard geometric figure, a familiar symbol, an emblem, or a motif, or another shape, pattern, or configuration which has become standard, common, prevalent, or ordinary;
(3) different from a design excluded by paragraph (2) only in insignificant details or in elements which are variants commonly used in the relevant trades;
(4) dictated solely by a utilitarian function of the article that embodies it; or
(5) embodied in a useful article that was made public by the designer or owner in the United States or a foreign country more than 2 years before the date of the application for registration under this chapter.
(Added Pub. L. 105–304, title V, §502, Oct. 28, 1998, 112 Stat. 2906; amended Pub. L. 106–44, §1(f)(1), Aug. 5, 1999, 113 Stat. 222.)
Amendments
1999—Par. (5). Pub. L. 106–44 substituted 2 years for 1 year.
U.S. Encyclopedia of Law Coverage
17-U.S.C.-1004 in the Legal Encyclopedia: Copyrights
In this entry about 17-U.S.C.-1004, find legal reference material, bibliographies and premiere content related to copyrights in the American Encyclopedia of Law, presenting a comprehensive view of the United States copyrights-specific issues, written by authorities in the field.
Leave a Reply