{"identifier":"/us/usc/t17/s1301","title":17,"num":"\u00a7\u202f1301.","heading":"Designs protected","text":"\u00a7\u202f1301.\nDesigns protected\n(a)\nDesigns Protected.\u2014\n(1)\nIn general.\u2014\nThe designer or other owner of an original design of a useful article which makes the article attractive or distinctive in appearance to the purchasing or using public may secure the protection provided by this chapter upon complying with and subject to this chapter.\n(2)\nVessel features.\u2014\nThe design of a vessel hull, deck, or combination of a hull and deck, including a plug or mold, is subject to protection under this chapter, notwithstanding section 1302(4).\n(3)\nExceptions.\u2014\nDepartment of Defense rights in a registered design under this chapter, including the right to build to such registered design, shall be determined solely by operation of subchapter I of chapter 275 of title 10 or by the instrument under which the design was developed for the United States Government.\n(b)\nDefinitions.\u2014\nFor the purpose of this chapter, the following terms have the following meanings:\n(1) A design is \u201coriginal\u201d if it is the result of the designer\u2019s creative endeavor that provides a distinguishable variation over prior work pertaining to similar articles which is more than merely trivial and has not been copied from another source.\n(2) A \u201cuseful article\u201d is a vessel hull or deck, including a plug or mold, which in normal use has an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article which normally is part of a useful article shall be deemed to be a useful article.\n(3) A \u201cvessel\u201d is a craft\u2014\n(A) that is designed and capable of independently steering a course on or through water through its own means of propulsion; and\n(B) that is designed and capable of carrying and transporting one or more passengers.\n(4) A \u201chull\u201d is the exterior frame or body of a vessel, exclusive of the deck, superstructure, masts, sails, yards, rigging, hardware, fixtures, and other attachments.\n(5) A \u201cplug\u201d means a device or model used to make a mold for the purpose of exact duplication, regardless of whether the device or model has an intrinsic utilitarian function that is not only to portray the appearance of the product or to convey information.\n(6) A \u201cmold\u201d means a matrix or form in which a substance for material is used, regardless of whether the matrix or form has an intrinsic utilitarian function that is not only to portray the appearance of the product or to convey information.\n(7) A \u201cdeck\u201d is the horizontal surface of a vessel that covers the hull, including exterior cabin and cockpit surfaces, and exclusive of masts, sails, yards, rigging, hardware, fixtures, and other attachments.","url":"https://projectusc.org/usc/t17/s1301.html","content":[{"t":"sec","id":"/us/usc/t17/s1301","children":[{"t":"num","text":"\u00a7\u202f1301."},{"t":"heading","text":"Designs protected"},{"t":"subsec","id":"/us/usc/t17/s1301/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Designs Protected.\u2014"},{"t":"para","id":"/us/usc/t17/s1301/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general.\u2014"},{"t":"content","text":"The designer or other owner of an original design of a useful article which makes the article attractive or distinctive in appearance to the purchasing or using public may secure the protection provided by this chapter upon complying with and subject to this chapter.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t17/s1301/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Vessel features.\u2014"},{"t":"content","text":"The design of a vessel hull, deck, or combination of a hull and deck, including a plug or mold, is subject to protection under this chapter, notwithstanding section 1302(4).","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t17/s1301/a/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Exceptions.\u2014"},{"t":"content","text":"Department of Defense rights in a registered design under this chapter, including the right to build to such registered design, shall be determined solely by operation of subchapter I of chapter 275 of title 10 or by the instrument under which the design was developed for the United States Government.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t17/s1301/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Definitions.\u2014"},{"t":"chapeau","text":"For the purpose of this chapter, the following terms have the following meanings:"},{"t":"para","id":"/us/usc/t17/s1301/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" A design is \u201coriginal\u201d if it is the result of the designer\u2019s creative endeavor that provides a distinguishable variation over prior work pertaining to similar articles which is more than merely trivial and has not been copied from another source.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t17/s1301/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" A \u201cuseful article\u201d is a vessel hull or deck, including a plug or mold, which in normal use has an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article which normally is part of a useful article shall be deemed to be a useful article.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t17/s1301/b/3","children":[{"t":"num","text":"(3)"},{"t":"chapeau","text":" A \u201cvessel\u201d is a craft\u2014"},{"t":"subpara","id":"/us/usc/t17/s1301/b/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" that is designed and capable of independently steering a course on or through water through its own means of propulsion; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t17/s1301/b/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" that is designed and capable of carrying and transporting one or more passengers.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t17/s1301/b/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" A \u201chull\u201d is the exterior frame or body of a vessel, exclusive of the deck, superstructure, masts, sails, yards, rigging, hardware, fixtures, and other attachments.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t17/s1301/b/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" A \u201cplug\u201d means a device or model used to make a mold for the purpose of exact duplication, regardless of whether the device or model has an intrinsic utilitarian function that is not only to portray the appearance of the product or to convey information.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t17/s1301/b/6","children":[{"t":"num","text":"(6)"},{"t":"content","text":" A \u201cmold\u201d means a matrix or form in which a substance for material is used, regardless of whether the matrix or form has an intrinsic utilitarian function that is not only to portray the appearance of the product or to convey information.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t17/s1301/b/7","children":[{"t":"num","text":"(7)"},{"t":"content","text":" A \u201cdeck\u201d is the horizontal surface of a vessel that covers the hull, including exterior cabin and cockpit surfaces, and exclusive of masts, sails, yards, rigging, hardware, fixtures, and other attachments.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}