Question

.1. Go to the USPTO's Web site (www.uspto.gov) to look up Patent No. 6,004,596. Read the patent. After reading the parent, are you more inclined or less inclined to side with the Smucker's point of view?

 2. Type "Uncrustables" into the Google search engine and look at the Uncrustables sandwich. Spend a little time reading about the Uncrustables on Smucker's Web site. Again, after looking over the Web site, are you more inclined or less inclined to side with the Smucker's point of view?

 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? Thinking as an entrepreneur, use your own words to state why you think the critics or the advocates have a stronger point of view.

 4. So what do you think happened? Do you think Smucker's did or didn't get the patent it was requesting?

Answer 1

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Go to the USPTO’s website to look up Patent No. 6004596. Read the patent. After reading the patent, are you more inclined or less inclined to side with the Smucker’s point of view?

Less inclined. You can’t say people can’t use a process that has been used for tons of other products can’t be used just because you want to keep someone else from copying it. If it was just pertaining to the recipe of the bread, peanut butter, or jelly used in it, I might see it. However, to tell other businesses they can’t use a crimping machine is ridiculous. They didn’t invent the machine.

Type “Uncrustables” into the Google search engine and look at the Uncrustables sandwich. Spend a little time reading about the Uncrustables on Smucker’s Web site. Again, after looking over the website, are you more inclined or less inclined to side with Smucker’s point of view?

No. It’s a sandwich. You can’t patent a cooking method that you didn’t create. Sure they were the first to use it to produce, in my opinion, nasty premade peanut butter and jelly sandwiches. However, they were not the first to use the method in making a food product.

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 points of view do you agree with? Thinking as an entrepreneur, use your own words to state why you think the critics or the advocates have a stronger point of view.

It is hard not to see the point of view of both sides. If I had to agree if one side over the other, I would probably venture more to the side of the critic. It is difficult to issue a patent on something that has been used for generations. The patents office is to issue patents on unique innovations. The method used to make the sandwich and the ingredients in the sandwich are not unique.

So what do you think happened? Do you think you think Smucker’s did or didn’t get the patent it was requesting?

I think that there was deep discussion and research done by the patent board to determine how it affects the issue would affect products already being processed for decades. No. I do not believe they were issued the patent. It would be unfair to other manufactures to quit producing their products just because of the technique the use was now patented by Smuckers. Smuckers did not invent the crimping machine use to create the product. Therefore, it is impossible to prevent a company who created the machine to not sell its product.