How does visibility affect ornamentality in design patents?
Visibility is a crucial factor in determining ornamentality for design patents. According to MPEP 1504.01(c):
“If the design is not visible during normal use, it is not ornamental. Normal use excludes maintenance and repair, but may include a period of inactivity as well as periods of use.”
This means that designs hidden from view during the article’s normal use are generally not considered ornamental. For example, a design on an internal component of a machine that is never seen during operation would likely not qualify for design patent protection due to lack of ornamentality.
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