{"identifier":"/us/usc/t17/s1302","title":17,"num":"\u00a7\u202f1302.","heading":"Designs not subject to protection","text":"\u00a7\u202f1302.\nDesigns not subject to protection\nProtection under this chapter shall not be available for a design that is\u2014\n(1) not original;\n(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;\n(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;\n(4) dictated solely by a utilitarian function of the article that embodies it; or\n(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.","url":"https://projectusc.org/usc/t17/s1302.html","content":[{"t":"sec","id":"/us/usc/t17/s1302","children":[{"t":"num","text":"\u00a7\u202f1302."},{"t":"heading","text":"Designs not subject to protection","tail":"\n"},{"t":"chapeau","text":"Protection under this chapter shall not be available for a design that is\u2014"},{"t":"para","id":"/us/usc/t17/s1302/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" not original;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t17/s1302/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t17/s1302/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" different from a design excluded by paragraph (2) only in insignificant details or in elements which are variants commonly used in the relevant trades;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t17/s1302/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" dictated solely by a utilitarian function of the article that embodies it; or","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t17/s1302/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}