2023 U.S. Code
Title 17 - Copyrights
Chapter 13 - Protection of Original Designs
Sec. 1302 - Designs not subject to protection
| 17 U.S.C. § 1302 (2023) |
| §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. |
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(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". |
| United States Code, 2018 Edition, Supplement 5, Title 17 - COPYRIGHTS |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 17 - COPYRIGHTS CHAPTER 13 - PROTECTION OF ORIGINAL DESIGNS Sec. 1302 - Designs not subject to protection |
| section 1302 |
| 2023 |
| January 3, 2024 |
| Yes |
| standard |
| 112 Stat. 2906 113 Stat. 222 |
| Public Law 105-304, Public Law 106-44 |
