17 U.S.C. § 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.(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 NotesAmendments

1999—Par. (5). Pub. L. 106–44 substituted “2 years” for “1 year”.

Notes of Decisions

Cited in 1 case, 2005–2005 · leading case: Maverick Boat Co. v. Am. Marine Holdings, Inc., 418 F.3d 1186 (11th Cir. 2005).

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Maverick Boat Co. v. Am. Marine Holdings, Inc., 418 F.3d 1186 (11th Cir. 2005). · cites it 3× “Maverick admitted in its pleadings that pursuant to 17 U.S.C. § 1302 (5), DVH 0049 is invalid because it was for the “original design,” which was made public more than two years prior to the date of its application.”

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