2012 US Code
Title 17 - Copyrights
Chapter 13 - PROTECTION OF ORIGINAL DESIGNS (§§ 1301 - 1332)
Section 1302 - Designs not subject to protection
| Publication Title | United States Code, 2012 Edition, Title 17 - COPYRIGHTS |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 17 - COPYRIGHTS CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS Sec. 1302 - Designs not subject to protection |
| Contains | section 1302 |
| Date | 2012 |
| Laws in Effect as of Date | January 15, 2013 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | 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. |
| Statutes at Large References | 112 Stat. 2906 113 Stat. 222 |
| Public Law References | Public Law 105-304, Public Law 106-44 |
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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.)
Amendments1999—Par. (5). Pub. L. 106–44 substituted “2 years” for “1 year”.
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