2013 US Code
Title 17 - Copyrights
Chapter 13 - PROTECTION OF ORIGINAL DESIGNS (§§ 1301 - 1332)
Section 1302 - Designs not subject to protection

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Metadata
Publication TitleUnited States Code, 2012 Edition, Supplement 1, Title 17 - COPYRIGHTS
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 17 - COPYRIGHTS
CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS
Sec. 1302 - Designs not subject to protection
Containssection 1302
Date2013
Laws in Effect as of DateJanuary 16, 2014
Positive LawYes
Dispositionstandard
Source CreditAdded 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 References112 Stat. 2906
113 Stat. 222
Public Law ReferencesPublic Law 105-304, Public Law 106-44

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Designs not subject to protection - 17 U.S.C. § 1302 (2013)
§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, §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".

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