[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR212.3]

[Page 545-547]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                                CONGRESS
 
PART 212--PROTECTION OF VESSEL HULL DESIGNS--Table of Contents
 
Sec. 212.3  Registration of claims for protection of eligible designs.

    (a) Limitations. Protection is not available for, and an application 
for registration will not be accepted for:
    (1) An otherwise eligible design made public prior to October 28, 
1998;
    (2) An otherwise eligible design made public on a date more than two 
years prior to the filing of an application for registration under this 
section;
    (3) A design ineligible for any of the reasons set forth in 17 
U.S.C. 1302.
    (b) Required elements of application. An application is considered 
filed with the Copyright Office on the date on which the following three 
items have been received by the Copyright Office:
    (1) Completed Form D-VH;
    (2) Deposit material identifying the design or designs for which 
registration is sought; and
    (3) The appropriate fee.
    (c) Application by owner of design. An application for registration 
under this section may be made only by the owner or owners of the 
design, or by the duly authorized agent or representative of the owner 
or owners of the design.
    (d) Application form. Registration must be made on Form D-VH. Forms 
are available from the Copyright Office and may be reprinted from the 
Copyright Office's website (http://www.loc.gov/copyright/forms/
formdvh.pdf).
    (e) Deposit material.--(1) In General. Identification of the design 
to be registered may be made in the form of drawings or photographs. No 
more than two drawings or photographs of the design may appear on a 
single sheet. Applicants may submit up to three 8\1/
2\x11 sheets containing drawings or photographs as 
part of the basic $75 application fee. The fee for each additional sheet 
beyond three is $20 per sheet. No combinations of drawings and 
photographs may be submitted on a single sheet. The drawings or 
photographs that accompany the application

[[Page 546]]

must reveal those aspects of the design for which protection is claimed. 
The registration extends only to those aspects of the design which are 
adequately shown in the drawings or photographs.
    (2) Views. The drawings or photographs submitted should contain a 
sufficient number of views to make an adequate disclosure of the 
appearance of the design, i.e. front, rear, right and left sides, top 
and bottom. While not required, it is suggested that perspective views 
be submitted to show clearly the appearance and shape of the three 
dimensional designs.
    (3) Drawings. (i) Drawings must be in black ink on white 8\1/
2\x11 unruled paper. A drawing of a design should 
include appropriate surface shading which shows clearly the character 
and contour of all surfaces of any 3-dimensional aspects of the design. 
Surface shading is also necessary to distinguish between any open and 
solid areas of the design. Solid black surface shading is not permitted 
except when used to represent the black color as well as color contrast.
    (ii) The use of broken lines in drawings depicting the design is 
understood to be for illustrative purposes only and forms no part of the 
claimed design. Structure that is not part of the design, but that is 
considered necessary to show the environment in which the design is 
used, may be represented in the drawing by broken lines. This includes 
any portion of the vessel hull in which the design is embodied or 
applied that is not considered part of the design. When the claimed 
design is only surface ornamentation to the vessel hull, the vessel hull 
in which it is embodied must be shown in broken lines.
    (iii) When broken lines are used, they should not intrude upon or 
cross the depiction of the design and should not be of heavier weight 
than the lines used in depicting the design. Where a broken line showing 
of environmental structure must necessarily cross or intrude upon the 
representation of the design and obscure a clear understanding of the 
design, such an illustration should be included as a separate figure, in 
addition to other figures which fully disclose the subject matter of the 
design.
    (4) Photographs. High quality black and white or color photographs 
will be accepted provided that they are mounted on plain white 8\1/
2\x11 unlined paper and do not exceed two 
photographs per sheet. Photographs must be developed on double weight 
photographic paper and must be of sufficient quality so that all the 
details of the design are plainly visible and are capable of 
reproduction on the registration certificate, if issued.
    (f) Multiple claims.--(1) In general. Claims for more than one 
design may be filed in one of two ways. If multiple designs are 
contained on a single make and model of a vessel hull (and therefore, 
the information in Space 1 of Form D-VH--the make and model of the 
vessel that embodies the design--is the same for each of the designs), a 
single application form may be used for all designs, provided that the 
information in spaces 3 through 9 is the same for each of the designs. 
If multiple designs are contained on more than one make and model of a 
vessel, or the information in spaces 3 through 9 is not the same for 
each of the multiple designs, then separate applications must be used 
for each design.
    (2) Single application. Where a single application for multiple 
designs is appropriate, a separate Form D-VH/CON must be used for each 
design beyond the first appearing on Form D-VH. Each Form D-VH/CON must 
be accompanied by deposit material identifying the design that is the 
subject of the Form D-VH/CON, and the deposit material must be attached 
to the Form D-VH/CON. The Form D-VH and all the Form D-VH/CONs for the 
single application must be submitted together.
    (3) Multiple applications. Where multiple applications for more than 
one design are required, a Form D-VH must be completed for each design. 
Deposit material identifying the design must accompany each application. 
Multiple applications may be filed separately.
    (4) Fees. The $75 basic application fee applies to each design 
submitted, regardless of whether a single application or multiple 
applications are used.
    (g) Written declaration. In lieu of the oath required by 17 U.S.C. 
1312(a), the

[[Page 547]]

application shall contain a written declaration, as permitted by 17 
U.S.C. 1312(b), signed by the applicant, or the applicant's duly 
authorized agent or representative. If the design has been made public 
with the design notice prescribed in 17 U.S.C. 1306, the written 
declaration shall also describe the exact form and position of the 
design notice. The written declaration shall read as follows:

    The undersigned, as the applicant or the applicant's duly appointed 
agent or representative, being hereby warned that willful false 
statements are punishable by fine or imprisonment, or both, under 18 
U.S.C. 1001, and that such willful false statements may jeopardize the 
validity of this application or any resulting registration, hereby 
declares to the best of his/her knowledge and belief:
    (1) That the design has been fixed in a useful article;
    (2) That the design is original and was created by the designer(s), 
or employer if applicable, named in the application;
    (3) That those aspects of the design for which registration is 
sought are not protected by a design patent;
    (4) That the design has not previously been registered on behalf of 
the applicant or the applicant's predecessor in title; and
    (5) That the applicant is the person entitled to protection and to 
registration under chapter 13 of title 17, United States Code.

    (h) Priority claims. An applicant seeking the benefit of 17 U.S.C. 
1311 because the applicant has, within the previous 6 months, filed an 
application for protection of the same design in a foreign country, must 
provide:
    (1) Identification of the filing date of the foreign application;
    (2) Identification of the foreign country in which the application 
was filed;
    (3) The serial number or any other identifying number of the foreign 
application;
    (4) A certified copy of the foreign application;
    (5) A translation of the foreign application and a statement, signed 
by the translator, that the translation is accurate, if the foreign 
application is in a language other than English; and
    (6) If requested by the Copyright Office, proof that the foreign 
country in which the prior application was filed extends to designs of 
owners who are citizens of the United States, or to applications filed 
under chapter 13 of title 17, United States Code, similar protection to 
that provided under chapter 13 of title 17, United States Code.
    (i) Effective date of registration. The effective date of 
registration is the date of publication of the registration by the 
Copyright Office.
    (j) Publication of registration. Publication of registrations of 
vessel hull designs shall be made on the Copyright Office website 
(http://www.loc.gov/copyright/vessels).