No, McDonald's Has Not Patented Sandwiches (Yet)
from the feel-free-to-keep-making-'em-for-now dept
Last month, while writing about the growing trend of chef's wanting to claim intellectual property rights over their meals, we joked in the headline that one day, perhaps, McDonald's would be sued by someone claiming to have invented the bacon cheeseburger. Perhaps we should have flipped that around. Plenty of folks thought of us and have been submitting this story that's been getting some attention supposedly about McDonald's trying to patent some sandwiches. Luckily, it's not as bad as it sounds. First of all, the patents in question are all applications, not granted patents, so they may never get anywhere. Second, it's not about patenting the sandwiches, but patenting machines to put together the sandwiches quickly and in a uniform manner (McDonald's specialty). I've found three different applications that seem to be what's being discussed here, and it's clearly about a tool, not the sandwich itself. Now, whether or not you believe a sandwich making machine should be patentable is an entirely separate question. However, the fear that sandwiches might be patented certainly isn't as ridiculous as it might sound. One of the more famous (and more ridiculous) patent lawsuits often used to demonstrate how screwed up our patent system has become is the case where Smucker's tried to stop a small grocery store from selling crustless peanut butter and jelly sandwiches, because they claimed the patent on such things.
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Must get worse
This is a good thing. There is no outcome now more certain than the complete collapse of intellectual prperty as a concept. But it will take time and many more ridiculous stories of legal abuse before the tipping point is reached.
I think we've reached the point where we can stop taking these stories seriously now and just sit back and watch the slow inevitable trainwreck.
Please, please, McDonalds, try patenting sandwiches. More fuel for the fire that wil consume you.
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The Smuckers thing however... well, that's just hilarious...
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well..that's ONE approach I guess...
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Re: Must get worse
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Not A Problem
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Patenting sandwiches?
Seriously, is a patent the appropriate application to protect something like a Big Mac from being copied by other restaurants or is something else like a trademark used. You could make the arguement that a hamburger sandwich shouldn't be patentable but I think a Big Mac is unique enough to have some sort of legal protection.
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Also, any burger a fast food restaurant can pump out should not be allowed to be patented. I guarantee you that someone somewhere has created a burger or sandwich just like any ones the fast food places can come up with, so again, not original work. You see one burger, you've seen 'em all. Assembling bread, meat, cheese, various veggies, and common condiments together in different ways is not original in any way and should never be allowed to be patented.
Now, if they came up with a new special sauce or something that has an original recipe, that could be patented and/or copyrighted so that a competing restaurant couldn't use the same recipe and pass it off as their own creation. I believe that's fair use of the patent system. The whole idea of a patent is to give people credit for their original inventions, so the idea of "original" work needs to be re-examined before any improvement will be seen in this system.
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notspaces
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Re: Patents are fine for ORIGINAL
"McDonaldization" is about efficiency through standardisation. Even the diameter of the bread rolls and average density of the sesame seeds is finely controlled. In a way that represents a product, which although it cannot be patented or trademarked they want to protect by patenting the process of production. Otherwise competitors could offer the exact same standard product that looks, smells and tastes like a McSandwich.
So for a machine with very well defined parameters, the argument holds. Notwithstanding that my opinions on the circus of IP, the twisted or currupt lawyers riding the bandwagon and the impending self destruction of the whole mess, still stands.
As far as re-examining "original" work goes, I think you have hit the nail. The problem in my view is that the patent offices are either staffed by idiots, or not adequately staffed at all. They do not meet even the most basic reponsibilities of research. Probably, in reality it's just too expensive and time consuming to do this. So, a way round this is to redefine the contractual responsibilities in a patent such that the applicant does all the research and gives a sworn affidavit that the invention is original, has been researched and no prior art exists to the effect that the patent is immediately voided if challenged by good evidence of prior art. That doesn't happen now, hence the opportunity for frivolous filing by companies who know nobody can afford to challenge.
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Re: well..that's ONE approach I guess...
It was probably created as part of the "toasted deli sandwich" project, which was tried in some restaurants but ultimately shut down.
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now, if CK can patent a fragrance, i'm pretty sure a dressing can be pantented. can the way a sandwhich is made be patented? doubtful, but that could be trademarked.
working for Mcdonalds for 6 years, (highschool/college) the company is all about uniformity/standards. however when you get down to the store and/or employee, not much time is spend on uniformity. when you need to make 5 sandwhichs in under 35 seconds, the process gets sloppy. the crew does it so they don't get yelled at for being slow. the managers demand fast service, to get the food out fast, or else they get yelled at by the store owner/district managers....but that's where the customer service comes into play, wanting both speed and uniformity. so it's a mixed signal. a machine to make uniform burgers would be nice, helps with cleanup, and everything. i kept telling my "co-workers" in 10 years there will be a fully automated mcdonalds somewhere. well, maybe they have 1 or 2 people making sure deliveries are ok, and restocking the machines when they are empty, but other than that, you'll place your order (via sheetz touch screen) then your order will be on a conveyor belt, and "assembled" wait, this is my idea now. does this mean i can sue mcdonalds when they do it?
in other news, did you hear about panera bread suing some town in ohio, becaue they had a "sandwich exclusivity" clause in their zoning contract? meaning the shopping plaza they located at, they were the only store that can sell sandwiches? turns out Qdoba moved in, and panera sued because they claimed a burito was a sandwich. and a lengthy court battle was creaded over the definition of "sandwich" (qdoba won btw)
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Grilled Cheese Sandwiches
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