Definition of DESIGN in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.

Definition of DESIGN

To form plan or scheme of, conceive and arrange in mind, originate mentally, plan out, contrive. Also, the plan or scheme conceived in mind and intended for subsequent execution, preliminary conception of idea to be carried into effect by action, contrivance in accordance with preconceived plan. State v. Pickus, 63 S.D. 209, 257 N.W. 284. A project, an idea. 3 H. & N. 301. See, also, Designed.

As a term of art, the giving of a visible form to the conceptions of the mind, or invention. Binns v. Woodruff, 4 Wash.C.C. 48, Fed. Cas. No. 1,424.

In Evidence

Purpose or intention, combined with plan, or implying a plan in the mind. Burrill, Circ.Ev. 331; State v. Grant, 86 Iowa 216, 53 N.W. 120.

In Patent Law

The drawing or depiction of an original plan or conception for a novel pattern, model, shape, or configuration, to be used in the manufacturing or textile arts or the fine arts, and chiefly of a decorative or ornamental character. "Design patents" are contrasted with "utility patents," but equally involve the exercise of the inventive or originative faculty. Gorham Co. v. White, 14 Wall. 524, 20 L.Ed. 731; Western Electric Manufacturing Co. v. Odell, D.C.I1L, 18 F. 321; Binns v. Woodruff, 3 Fed.Cas. 424; Henderson v. Tompkins, C.C.Mass., 60 F. 758.

"Design, in the view of the patent law, is that characteristic of a physical substance which, by means of lines, images, configuration, and the like, taken as a whole, makes an impression, through the eye, upon the mind of the observer. The essence of a design resides not in the elements individually, nor in their method of arrangement, but in the tout ensemble—in that indefinable whole that awakens some sensation in the observer's mind. Impressions thus imparted may be complex or simple; * * *. But whatever the impression, there is attached in the mind of the observer, to the object observed, a sense of uniqueness and character." Pelouze Scale & Mfg. Co. v. American Cutlery Co., 102 F. 916, 919, 43 C.C.A. 52; Bayley & Sons v. Braunstein Bros. Co., D.C.N.Y., 246 F. 314, 317.

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