Section 1302. Designs not subject to protection [3]

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.

Copyright Law of the United States of America and Related Laws Contained in Title 17 of the United States Code, Circular 92 · 第 4 / 34 章