17 U.S. Code § 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.

Source

(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. 106–44substituted “2 years” for “1 year”.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013

An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.

17 USCDescription of ChangeSession YearPublic LawStatutes at Large

 

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