you make the call
DESCRIPTION
You Make the Call. Can a Company Patent How It Makes a Peanut Butter and Jelly Sandwich?. Elise Huyen. Introduction. J.M. Smucker Company Founded in 1897 H.Q. in Orrville, Ohio, USA Smucker is a manufacturer of fruit spreads, ice cream toppings, beverages, shortening, natural peanut butter. - PowerPoint PPT PresentationTRANSCRIPT
You Make the CallCan a Company Patent How It Makes a
Peanut Butter and Jelly Sandwich?
EliseHuyen
Introduction
J.M. Smucker CompanyJ.M. Smucker Company Founded in 1897Founded in 1897 H.Q. in Orrville, Ohio, USAH.Q. in Orrville, Ohio, USA Smucker is a manufacturer of fruit Smucker is a manufacturer of fruit
spreads, ice cream toppings, beverages, spreads, ice cream toppings, beverages, shortening, natural peanut buttershortening, natural peanut butter
Smucker's Uncrustables
crustless peanut butter and jelly crustless peanut butter and jelly sandwich sealed inside soft breadsandwich sealed inside soft bread
Developed in 1995Developed in 1995 David Geske and Len KretchmanDavid Geske and Len Kretchman Bought by Smucker's in 1999Bought by Smucker's in 1999
Smucker's Battle
Round 1: Smucker's Versus Albie's FoodsRound 1: Smucker's Versus Albie's Foods To stop Albie's Foods selling their own sandTo stop Albie's Foods selling their own sand
wich to local school districtwich to local school district Albie's contented that the "pasty" had been Albie's contented that the "pasty" had been
a popular food since 1880sa popular food since 1880s
Smucker's Battle
Round 2: Smucker's and the Patent OfficeRound 2: Smucker's and the Patent Office To get general patent from USPTOTo get general patent from USPTO The gist of argument: it's sandwich's sealed The gist of argument: it's sandwich's sealed
edge is unique and its layering approach is oedge is unique and its layering approach is one-of-a-kindne-of-a-kind
Patent office's view: the crimped edge is simPatent office's view: the crimped edge is similar to the edge in ravioli and pie crustsilar to the edge in ravioli and pie crusts
Smucker's Battle
Round 3: Smucker's AppealsRound 3: Smucker's Appeals appealed the patent office's decision to the Uappealed the patent office's decision to the U
.S. Court of Appeals.S. Court of Appeals argued pointsargued points
the method for making the Uncrustables is uniquthe method for making the Uncrustables is uniquee
unfair to let other companies copy and benefit frunfair to let other companies copy and benefit from Smucker's hard work and the money investeom Smucker's hard work and the money invested to produce unique productd to produce unique product
Broader Issues Involved
CriticsCritics Smucker's shouldn't get the patent because iSmucker's shouldn't get the patent because i
t will dter other food companies from makint will dter other food companies from making their own versions of PB&Jg their own versions of PB&J
will keep the price Uncrusteables highwill keep the price Uncrusteables high AdvocatesAdvocates
patents motivate a company to invest in newpatents motivate a company to invest in new-product innovation-product innovation
absent patent protection would have no inceabsent patent protection would have no incentive to develop a productntive to develop a product
Discussion Question 1
After reading the Patent No. 6,004,596, After reading the Patent No. 6,004,596, are you more inclined or less inclined to are you more inclined or less inclined to side with the Smucker's point of view?side with the Smucker's point of view? http://patft.uspto.gov/netacgi/nph-Parser?http://patft.uspto.gov/netacgi/nph-Parser?
Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.ht&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=6,004,596.PN.&OS=Pm&r=1&f=G&l=50&s1=6,004,596.PN.&OS=PN/6,004,596&RS=PN/6,004,596N/6,004,596&RS=PN/6,004,596
Discussion Question 2
After looking the Smucker's Web site, are After looking the Smucker's Web site, are you more inclined or less inclined to side you more inclined or less inclined to side with the Smucker's point of view?with the Smucker's point of view? http://www.smuckers.com/http://www.smuckers.com/ http://www.smuckersuncrustables.com/http://www.smuckersuncrustables.com/
Discussion Question 3
In regard to the arguments espoused by In regard to the arguments espoused by the "critics" of the U.S. patent system and the "critics" of the U.S. patent system and the "advocates" of the U.S. patent system, the "advocates" of the U.S. patent system, which of the points of view do you agree which of the points of view do you agree with?with?
Discussion Question 4
Do you think Smucker's did or did not Do you think Smucker's did or did not get the patent it was requesting?get the patent it was requesting?
Discussion Question 4
2005-04-08Court rejects J.M. Smucker’s PB&J patent - Business - US business - Food Inc. - NBC Newshttp://www.msnbc.msn.com/id/7432980/ns/business-us_business/t/court-rejects-patent-pbj/#.UL8IsBHhz2Q
Thank You