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DESIGN Definition & Legal Meaning

Definition & Citations:

In the law of evidence. Purpose or intention, combined with plan, or implyinga plan in the mind. Burrill, Circ. Ev. 331; State v. Grant, 80 Iowa, 210, 53 N. W.120; Ernest v. State, 20 Fla. 3S8; Hogan v. State, 3G Wis. 226.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 patent law. The drawing or depiction of an original plan or conception for a novelpattern, model, shape, or configuration, to be used in the manufacturing or textile artsor the fine arts, aud chiefly of a decorative or ornamental character. “Design patents”are contrasted with “utility patents,” but equally involve the exercise of the inventive ororiginative faculty. Gorliam Co. v. White, 14 Wall. 524, 20 L. Ed. 731; Manufacturing Co.v. Odell (D. C.) 18 Fed. 321; Binns v. Woodruff, 3 Fed. Cas. 424; Henderson v. Tompkins(C. C.) 60 Fed. 758.”Design, in the view of the patent law, is that characteristic of a physical substancewhich, by means of lines, images, configuration, and the like, taken as a whole, makesan impression. through the eye, upon the mind of the observer. The essence of adesign resides, not in the elements individually, nor in their method of arrangement,but in the tout ensemble


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