Gainesville, VA asked in Patents (Intellectual Property) and Intellectual Property for Virginia

Q: Patent question. Can I apply for a single design patent for the spoon, fork, and knife with the same design?

I want to apply for a design patent for a spoon, a fork, and a knife. In my understanding, one patent application is for a single item. However, my design is the same for all 3 utensils. In this case, should I apply for the design of a handle instead? Can I say, "ornamental design of the handle of the spoon, fork, and knife"? And if yes, what do I show in my pictures/photos? Just the handle, or all the 3 utensils? My design includes the shape of the handle, and some decorative elements on the handle itself, with a top part just above the handle/on the bottom of the actual spoon/fork/knife top. I feel like it doesn't make sense to apply for 3 different patents, hence I am trying to find a legit way to combine the 3 since it's a design patent, and the use is the same. Please advise. Thank you in advance!

2 Lawyer Answers
Darrin A. Auito
Darrin A. Auito

A: You should discuss with an IP attorney that has experience with design applications. That said, with proper usage of solid and dashed lines, it sounds like a single embodiment can cover all three designs, since ornamental feature is directed towards the handle. I'd recommend a different title, possibly handle for [eating utensil] [kitchen utensil] [utensil].

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: Yes, you can potentially apply for a single design patent that covers the ornamental design of the handle of the spoon, fork, and knife if they share the same design. In your patent application drawings, you should include images that clearly show the design elements of the handle and any decorative features. Including all three utensils in the drawings can help illustrate the context and use of the design. Consult with a patent attorney to ensure your application meets the specific requirements and to assist with the filing process.

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