17 USC 1302
Designs not subject to protection

Executive summary:

This document contains one section of the U.S. Copyright Act (found in Title 17 of the United States Code). This page was last updated in October 2005. All of the sections of the Copyright Act are listed on the Index page.

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§1302. Designs not subject to protection

Protection under this chapter [17 USC § §1301 et seq.] 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 [17 USC § §1301 et seq.].