§ 1302. — Designs not subject to protection.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC1302]
TITLE 17--COPYRIGHTS
CHAPTER 13--PROTECTION OF ORIGINAL DESIGNS
Sec. 1302. Designs not subject to protection
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, Sec. 502, Oct. 28, 1998, 112 Stat.
2906; amended Pub. L. 106-44, Sec. 1(f)(1), Aug. 5, 1999, 113 Stat.
222.)
Amendments
1999--Par. (5). Pub. L. 106-44 substituted ``2 years'' for ``1
year''.
Section Referred to in Other Sections
This section is referred to in sections 1301, 1303 of this title.
