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

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Functional and Hidden Features Cannot Support Patentability MPEP 1504.02 Functional and Hidden Design Features Cannot Support Patentability MPEP 1504.02 Prohibited Invention Must Not Be Anticipated by Prior Art MPEP 1504.02 Permitted Design Must Be Identical to Prior Art MPEP 1504.02 Required Examiner Need Not Cite Prior Art for Functional/Hidden Features MPEP 1504.02 Ex Parte Quayle Action for Design Patent Allowability MPEP 1504 Exceptions to Prior Art Disclosures by Inventors MPEP 1504.02 Prohibited Disclosure by Inventor Not Prior Art MPEP 1504.02 Prohibited Disclosure Within One Year Not Prior Art MPEP 1504.02 Prohibited Disclosure in Patents Not Prior Art MPEP 1504.02 Prohibited Other Related FAQs 5 FAQs Collapse How does the MPEP define &#8220;substantially the same&#8221; in the context of design patent anticipation? Are there any exceptions to the benefit claim requirements for design applications? Are there different priority claim requirements for design patent applications? What is the process for addressing rejections in design patent applicat...