(a) Time Limit for Application for Registration. Protection under this
chapter shall be lost if application for registration of the design is
not made within 2 years after the date on which the design is first made
public.
(b) When Design is Made Public. A design is made public when an existing
useful article embodying the design is anywhere publicly exhibited,
publicly distributed, or offered for sale or sold to the public by the
owner of the design or with the owner's consent.
(c) Application by Owner of Design. Application for registration may be
made by the owner of the design.
(d) Contents of Application. The application for registration shall be
made to the Administrator and shall state-
(1) the name and address of the designer or designers of the design;
(2) the name and address of the owner if different from the designer;
(3) the specific name of the useful article embodying the design;
(4) the date, if any, that the design was first made public, if such
date was earlier than the date of the application;
(5) affirmation that the design has been fixed in a useful article; and
(6) such other information as may be required by the Administrator.
The application for registration may include a description setting forth
the salient features of the design, but the absence of such a
description shall not prevent registration under this chapter.
(e) Sworn Statement. The application for registration shall be
accompanied by a statement under oath by the applicant or the
applicant's duly authorized agent or representative, setting forth, to
the best of the applicant's knowledge and belief-
(1) that the design is original and was created by the designer or
designers named in the application;
(2) that the design has not previously been registered on behalf of the
applicant or the applicant's predecessor in title; and
(3) that the applicant is the person entitled to protection and to
registration under this chapter.
If the design has been made public with the design notice prescribed in
section 1306, the statement shall also describe the exact form and
position of the design notice.
(f) Effect of Errors. (1) Error in any statement or assertion as to the
utility of the useful article named in the application under this
section, the design of which is sought to be registered, shall not
affect the protection secured under this chapter.
(2) Errors in omitting a joint designer or in naming an alleged joint
designer shall not affect the validity of the registration, or the
actual ownership or the protection of the design, unless it is shown
that the error occurred with deceptive intent.
(g) Design Made in Scope of Employment. In a case in which the design
was made within the regular scope of the designer's employment and
individual authorship of the design is difficult or impossible to
ascribe and the application so states, the name and address of the
employer for whom the design was made may be stated instead of that of
the individual designer.
(h) Pictorial Representation of Design. The application for registration
shall be accompanied by two copies of a drawing or other pictorial
representation of the useful article embodying the design, having one or
more views, adequate to show the design, in a form and style suitable
for reproduction, which shall be deemed a part of the application.
(i) Design in More Than One Useful Article. If the distinguishing
elements of a design are in substantially the same form in different
useful articles, the design shall be protected as to all such useful
articles when protected as to one of them, but not more than one
registration shall be required for the design.
(j) Application for More Than One Design. More than one design may be
included in the same application under such conditions as may be
prescribed by the Administrator. For each design included in an
application the fee prescribed for a single design shall be paid.