2017 US Code
Title 17 - Copyrights
Chapter 13 - Protection of Original Designs
Sec. 1302 - Designs not subject to protection

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Citation 17 U.S.C. § 1302 (2017)
Section Name §1302. Designs not subject to protection
Section Text

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.

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.)

Editorial Notes AMENDMENTS

1999—Par. (5). Pub. L. 106–44 substituted "2 years" for "1 year".

Publication Title United States Code, 2012 Edition, Supplement 5, Title 17 - COPYRIGHTS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 17 - COPYRIGHTS
Sec. 1302 - Designs not subject to protection
Contains section 1302
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law Yes
Disposition standard
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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