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Case Study - Research Paper Example

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J.M.Smucker is a USA based company and deals with processing of various products natural peanut butter, fruit spreads, beverages, shortening, ice cream toppings and Jelly sandwich. The company has a patent right for the production and sale of peanuts butter and jelly sandwich…
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Download file to see previous pages According to this company, their peanuts butter and jelly pockets are enclosed using crimping method and they do not include the outer hard part of the bread. However, the U.S. Patent and Trademark office rejected the company’s request by claiming that the same method was being for making pie crust, which has been use since 1980s.
The Smucker’s argument is unjustifiable because they bought the idea from other people and other producers of similar products had already established their companies in the same industry. According to Greenhalgh & Rogers, (2010), since the company already has an exclusive authority to produce peanut butter and Jelly sandwich, it would be unfair for them to protect the method they use to produce their own products.
The U.S. patent system claims that granting Smucker company absolute right to process and sell the Uncrustables will disadvantage the buyers because it will create monopoly in the sale of those products (Matthew, 2011). This is true because these are essential commodities and Smucker already has patent for production of peanut butter and jelly sandwich. By limiting the processes used in manufacturing will discourage other interested investors from exploiting the available opportunities in the market.
According to those who were in favor of Smucker idea to acquire protection against duplication of the production of Uncrustables, excusive right encourages inventions and economic advancement. This is because it offers incentives to those people with unique ideas. However, the patenting department f United States claimed that most of the ideas are not inventive but just modifications of the existing ideas (Matthew, 2011). It is obvious that even the J.M. Smucker had purchased the idea from Len Kretchman and David Geske who were the initial owners of the invention. Therefore, this argument is somewhat invalid because such a move will limit economic advancement.
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