1. Can a Company Patent How It Makes a Peanut Butter and Jelly Sandwich?
You Make the Call
Can a Company Patent How It Makes a Peanut Butter and Jelly Sandwich?
Elise
Huyen

2. 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

3. Smucker's Uncrustables
crustless peanut butter and jelly sandwich sealed inside soft bread
Developed in 1995
David Geske and Len Kretchman
Bought by Smucker's in 1999

4. Smucker's Battle Round 1: Smucker's Versus Albie's Foods
To stop Albie's Foods selling their own sandwich to local school district
Albie's contented that the "pasty" had been a popular food since 1880s

5. Smucker's Battle Round 2: Smucker's and the Patent Office
To get general patent from USPTO
The gist of argument: it's sandwich's sealed edge is unique and its layering approach is one-of-a-kind
Patent office's view: the crimped edge is similar to the edge in ravioli and pie crusts

6. Smucker's Battle Round 3: Smucker's Appeals
appealed the patent office's decision to the U.S. Court of Appeals
argued points
the method for making the Uncrustables is unique
unfair to let other companies copy and benefit from Smucker's hard work and the money invested to produce unique product

7. Broader Issues Involved
Critics
Smucker's shouldn't get the patent because it will dter other food companies from making their own versions of PB&J
will keep the price Uncrusteables high
Advocates
patents motivate a company to invest in new-product innovation
absent patent protection would have no incentive to develop a product

8. Discussion Question 1
After reading the Patent No. 6,004,596, are you more inclined or less inclined to side with the Smucker's point of view?

9. Discussion Question 2
After looking the Smucker's Web site, are you more inclined or less inclined to side with the Smucker's point of view?

10. Discussion Question 3
In regard to the arguments espoused by the "critics" of the U.S. patent system and the "advocates" of the U.S. patent system, which of the points of view do you agree with?

11. Discussion Question 4
Do you think Smucker's did or did not get the patent it was requesting?

12. Discussion Question 4 2005-04-08
Court rejects J.M. Smucker’s PB&J patent - Business - US business - Food Inc. - NBC News

13. Thank You