Thinkcorps

kottke links to a WSJ story about Smucker’s patent application of their “Uncrustables” frozen peanut butter sandwiches.

Having just now read (some of) the application, the real story is not that Smucker’s is trying to patent the sealed crustless freezable peanut-butter and jelly sandwich—because they aren’t. They are trying to patent the sealed crustless freezable peanut-butter and jelly sandwich WITH protein-fortified nut butter, the preceeding invention having already been patented by Kretchman in patent 6,004,596.

So, you see, the sandwich has already been patented.

This puts the story in a potentially different light. If the sandwich has already been patented by Kretchman (which Smucker’s admits, to my reading), then all Smucker’s is trying to do is procure an essentially defensive patent that would allow it to continue to innovate by producing its Uncrustables sandwiches without the fear of reprisals from Kretchman (or whoever currently owns its patents).

When you’re faced with a stupid patent, I guess all you can really do is get your own slightly stupider patent.

[UPDATE: Actually, Smuckers bought the Kretchman patent and were trying to extend it with two extension patent applications: one on the crimping method and the other the fortified nut butter. Both apps were rejected. Smuckers, fire your law firm immediately.]