§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 .)

Editorial Notes

Amendments

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