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.)
Sections: Previous 1101 1201 1202 1203 1204 1205 1301 1302 1303 1304 1305 1306 1307 1308 1309 Next
Last modified: October 26, 2015