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U.S. Code, Title 17, Copyrights
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General SummaryThe U.S. Code is a consolidation and codification by subject matter of the general and permanent laws of the United States. While every effort has been made to ensure that this reproduction of the Code is accurate, those using it for legal purposes should verify their results against the printed version of the Code available through the Government Printing Office.
§ 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.)
1999—Par. (5). Pub. L. 106–44 substituted "2 years" for "1 year".
Section Referred to in Other Sections
This section is referred to in sections 1301, 1303 of this title.
Contents:
Chicago: "U.S. Congress, Office of the Law Revision Counsel", "§ 1302. Designs Not Subject to Protection," U.S. Code, Title 17, Copyrights in U.S. Code, Title 17, Copyrights (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed January 15, 2025, http://www.originalsources.com/Document.aspx?DocID=85A2H9K6SGQWHXK.
MLA: "U.S. Congress, Office of the Law Revision Counsel". "§ 1302. Designs Not Subject to Protection." U.S. Code, Title 17, Copyrights, in U.S. Code, Title 17, Copyrights, Washington, D.C., Government Printing Office, 2002, Original Sources. 15 Jan. 2025. http://www.originalsources.com/Document.aspx?DocID=85A2H9K6SGQWHXK.
Harvard: "U.S. Congress, Office of the Law Revision Counsel", '§ 1302. Designs Not Subject to Protection' in U.S. Code, Title 17, Copyrights. cited in 2002, U.S. Code, Title 17, Copyrights, Government Printing Office, Washington, D.C.. Original Sources, retrieved 15 January 2025, from http://www.originalsources.com/Document.aspx?DocID=85A2H9K6SGQWHXK.
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