View all text of Chapter 13 [§ 1301 - § 1332]
§ 1310. Application for registration
(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.
(Added Pub. L. 105–304, title V, § 502, Oct. 28, 1998, 112 Stat. 2909.)