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