17 USC 1302 – Designs not subject to protection
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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.
Terms Used In 17 USC 1302
- United States: when used in a geographical sense, comprises the several States, the District of Columbia and the Commonwealth of Puerto Rico, and the organized territories under the jurisdiction of the United States Government. See 17 USC 101
- useful article: is a n article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. See 17 USC 101