How does visibility affect ornamentality in design patents?

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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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Design Not Visible During Normal Use Is Not Ornamental MPEP 1504.01(c) Design Not Visible During Use Is Not Ornamental MPEP 1504.01(c) Visibility During Normal Use Is Not a Statutory Requirement for Ornamentality MPEP 1504.01(c) Ex Parte Quayle Action for Design Patent Allowability MPEP 1504 Design Must Be Visible During Use to Establish Ornamentality MPEP 1504.01(c) Required Design Must Be Visible During Commercial Life MPEP 1504.01(c) Design Must Be Visible During Use MPEP 1504.01(c) Article’s Design Must Be Visible During Use MPEP 1504.01(c) Required Evidentiary Basis for Lack of Ornamentality MPEP 1504.01(c) Permitted Proper Evidence for Lack of Ornamentality Rejection MPEP 1504.01(c) Other Related FAQs 5 FAQs Collapse What is the &#8220;article of manufacture&#8221; requirement for design patents? What are the criteria for determining ornamentality in design patents? How does the USPTO evaluate ornamentality in design patent applications? Can functional features be protected by design patents? Are there any exceptions to the benefit c...