(f) Establishing Originality. The party to any action or proceeding
under this chapter who alleges rights under this chapter in a design
shall have the burden of establishing the design's originality whenever
the opposing party introduces an earlier work which is identical to such
design, or so similar as to make prima facie showing that such design
was copied from such work.
(g) Reproduction for Teaching or Analysis. It is not an infringement of
the exclusive rights of a design owner for a person to reproduce the
design in a useful article or in any other form solely for the purpose
of teaching, analyzing, or evaluating the appearance, concepts, or
techniques embodied in the design, or the function of the useful article
embodying the design.
Section 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.
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