Page:Copyright Law Revision (Senate Report No. 94-473).djvu/164

 Section 209(d) requires that the application for registration shall be made to the Administrator and states the matters which shall be included in the application.

Section 209(e) requires that the application shall be accompanied by a statement under oath and sets forth the matter that must be sworn to by the applicant.

Section 209(f) guarantees that error in any statement or assertion as to the utility of the article shall not affect protection under the act.

Section 209(g) provides that errors in omitting a joint author or in naming an alleged joint author shall not affect the validity of the registration, or the actual ownership for the protection of the design, provided that the name of one individual who was in fact an author is stated in the application.

Section 209(h) provides that the application shall be accompanied by two copies of a drawing or other pictorial representation of a useful article.

Section 209(i) permits related articles having common design features be included in the same application under prescribed conditions.

Section 209(j) provides that more than one design may be included in the same application under such conditions as may be prescribed by the Administrator.

Section 210 provides that an application for registration of a design in this country by a person who has previously filed an application for registration of the same design in a foreign country which affords similar privileges to U.S. citizens, shall have the same effect as if filed in this country on the date on which the application was first filed in any such foreign country, if the application in this country is filed within 6 months from the earliest date on which any such foreign application was filed.

Section 211 prescribes the procedures for administering of the oath, and acknowledgements required by this act, and authorizes the Administrator may by rule provide for a written declaration in lieu of an oath.

Section 212(a) provides that upon filing of an application and upon payment of the fee, the Administrator shall determine whether or not the application relates to a design which, on its face, appears to be subject to protection and if so, shall register the design. It is further provided in section 212(b) that if the Administrator determines that the application on its face relates to a design which is not subject to protection, the Administrator shall notify the applicant, who shall have 3 months in which to request reconsideration of his application. After consideration of such a request, the Administrator shall either register the design or send the applicant a notice of final refusal to register.

Section 212(c) provides that any person who believes he is or may be damaged by a registration may, upon payment of a fee, apply to the Administrator at any time to cancel any registration on the ground that the design is not subject to protection. This section further provides for the procedures to be followed in such cancellation proceedings.

Section 212(d) provides that when a design has been registered, the lack of utility of any article in which it has been embodied shall be no