How does the MPEP address the issue of hidden features in design patent anticipation?
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 that features that are not visible during normal use of the article cannot be used to argue for the novelty of the design. The focus should be on the visible, ornamental aspects of the design when assessing anticipation.
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