§ 1302. Designs not subject to protection

165 words·~1 min read·/usc/title-17/section-1302

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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.)

Connections1 cite this

Cited by 1 section

CFR

§ 212.3
Registration of claims for protection of eligible designs.

5 references not yet in our index

Pub. L. 105–304, title V, § 502
112 Stat. 2906
Pub. L. 106–44, § 1(f)(1)
113 Stat. 222
Pub. L. 106–44

Citation graph

cites case law

§ 1302

Designs not subject to protection

C.F.R.×1

Pub. L.Pub. L. 105–304, title V, § 502

Stat.112 Stat. 2906

Pub. L.Pub. L. 106–44, § 1(f)(1)

Stat.113 Stat. 222

Pub. L.Pub. L. 106–44

Cites 5Cited by 1 across 1 source