17 U.S.C. § 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”.

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