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Copyright Act
« 17 USC Sec. 1301 | Index | 17 USC Sec. 1303 »
17 USC Sec. 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, Sec. 502, Oct. 28, 1998, 112 Stat.
2906; amended Pub. L. 106-44, Sec. 1(f)(1), Aug. 5, 1999, 113 Stat.
222.)
-MISC1-
AMENDMENTS
1999 - Par. (5). Pub. L. 106-44 substituted ''2 years'' for ''1
year''.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1301, 1303 of this title.
« 17 USC Sec. 1301 | Index | 17 USC Sec. 1303 »
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