Presentation on theme: "Can a Company Patent How It Makes a Peanut Butter and Jelly Sandwich?"— Presentation transcript:
1 Can a Company Patent How It Makes a Peanut Butter and Jelly Sandwich? You Make the CallCan a Company Patent How It Makes a Peanut Butter and Jelly Sandwich?EliseHuyen
2 Introduction J.M. Smucker Company Founded in 1897 H.Q. in Orrville, Ohio, USASmucker 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 breadDeveloped in 1995David Geske and Len KretchmanBought 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 districtAlbie'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 USPTOThe gist of argument: it's sandwich's sealed edge is unique and its layering approach is one-of-a-kindPatent 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 Appealsargued pointsthe method for making the Uncrustables is uniqueunfair to let other companies copy and benefit from Smucker's hard work and the money invested to produce unique product
7 Broader Issues Involved CriticsSmucker's shouldn't get the patent because it will dter other food companies from making their own versions of PB&Jwill keep the price Uncrusteables highAdvocatespatents motivate a company to invest in new-product innovationabsent patent protection would have no incentive to develop a product
8 Discussion Question 1After 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 2After 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 3In 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 4Do 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