Protection under this chapter shall not be available for a design that is—
not original;
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;
different from a design excluded by paragraph (2) only in insignificant details or in elements which are variants commonly used in the relevant trades;
dictated solely by a utilitarian function of the article that embodies it; or
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.
Pub. L. 105–304, title V, § 502112 Stat. 2906Pub. L. 106–44, § 1(f)(1)113 Stat. 222(Added , , ; amended , , .)
Editorial Notes
Amendments
Pub. L. 106–441999—Par. (5). substituted “2 years” for “1 year”.