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

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Presentation on theme: "You Make the Call Can a Company Patent How It Makes a Peanut Butter and Jelly Sandwich? Elise Huyen."— Presentation transcript:

1 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 J.M. Smucker Company Founded in 1897 Founded in 1897 H.Q. in Orrville, Ohio, USA H.Q. in Orrville, Ohio, USA Smucker is a manufacturer of fruit spreads, ice cream toppings, beverages, shortening, natural peanut butter 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 crustless peanut butter and jelly sandwich sealed inside soft bread Developed in 1995 Developed in 1995 David Geske and Len Kretchman David Geske and Len Kretchman Bought by Smucker's in 1999 Bought by Smucker's in 1999

4 Smucker's Battle Round 1: Smucker's Versus Albie's Foods Round 1: Smucker's Versus Albie's Foods To stop Albie's Foods selling their own sandwich to local school district 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 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 Round 2: Smucker's and the Patent Office To get general patent from USPTO 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 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 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 Round 3: Smucker's Appeals appealed the patent office's decision to the U.S. Court of Appeals appealed the patent office's decision to the U.S. Court of Appeals argued points argued points the method for making the Uncrustables is unique 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 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 Critics Smucker's shouldn't get the patent because it will dter other food companies from making their own versions of PB&J 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 will keep the price Uncrusteables high Advocates Advocates patents motivate a company to invest in new-product innovation patents motivate a company to invest in new-product innovation absent patent protection would have no incentive to develop a product 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? After reading the Patent No. 6,004,596, are you more inclined or less inclined to side with the Smucker's point of view? Parser?Sect1=PTO1&Sect2=HITOFF&d=PAL L&p=1&u=%2Fnetahtml%2FPTO%2Fsrchn um.htm&r=1&f=G&l=50&s1=6,004,596.PN. &OS=PN/6,004,596&RS=PN/6,004,596 Parser?Sect1=PTO1&Sect2=HITOFF&d=PAL L&p=1&u=%2Fnetahtml%2FPTO%2Fsrchn um.htm&r=1&f=G&l=50&s1=6,004,596.PN. &OS=PN/6,004,596&RS=PN/6,004,596 Parser?Sect1=PTO1&Sect2=HITOFF&d=PAL L&p=1&u=%2Fnetahtml%2FPTO%2Fsrchn um.htm&r=1&f=G&l=50&s1=6,004,596.PN. &OS=PN/6,004,596&RS=PN/6,004,596 Parser?Sect1=PTO1&Sect2=HITOFF&d=PAL L&p=1&u=%2Fnetahtml%2FPTO%2Fsrchn um.htm&r=1&f=G&l=50&s1=6,004,596.PN. &OS=PN/6,004,596&RS=PN/6,004,596

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? 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? 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? Do you think Smucker's did or did not get the patent it was requesting?

12 Discussion Question Court rejects J.M. Smucker’s PB&J patent - Business - US business - Food Inc. - NBC News patent-pbj/#.UL8IsBHhz2Q

13 Thank You


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