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U.S. Code as of:
01/19/04
Section 1302. Designs not subject to protection
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.
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