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How does the MPEP address the issue of hidden features in design patent anticipation?

By russ.krajec@blueironip.com | September 27, 2024

The MPEP addresses hidden features in design patent anticipation similarly to functional features. According to MPEP 1504.02: When a claim is rejected under 35 U.S.C. 102 as being unpatentable over prior art, those features of the design which are functional and/or hidden during end use may not be relied upon to support patentability. This means…

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