This Guy Holds Patents On Popcorn Chicken, Steak-Umms And Dozens Of Other Cuts Of Meat

from the meet-the-guy-who-patents-meat dept

Wed, Sep 5th 2012 1:44pm — Mike Masnick

Back in May, we were one of the first to write about some people claiming to have figured out a new cut of steak, and trying to patent that cut. The story got a lot of attention in a lot of places, as many people (reasonably) think that patenting a cut of meat seems particularly crazy. The good folks over at Planet Money just recently decided to explore the question of meat cut patents. They talk to Tony Mata, the "inventor" of that new meat cut, dubbed the Las Vegas steak, but the... er... "meat" of the conversation actually involves talking to his mentor, Gene Gagliardi, the "inventor" of the Steak-Umm, KFC's popcorn chicken and, according to this video, Popeyes' "Rip'n Chick'n", which Gagliardi calls "Fing'r Pick'n Chick'n" and for which he holds US Patent 5,346,711 on a "Method of making an animal muscle strip product." In the Planet Money podcast, he also demonstrates some other cuts, which he won't let them videotape. I'm guessing he's okay with showing off the method in the '711 patent because, if I read it right, that patent expires in a month. In the video, he actually appears to admit that the "invention" itself wasn't original. He was "inspired" by the famed "Bloomin' Onion" at Outback Steakhouse, and a challenge from his wife to make a chicken version of the Bloomin' Onion.

Gagliardi appears to hold somewhere around 40 patents on various cuts of meat, all starting from back in the day when he tried to make the meat in Philly Cheesesteaks easier to chew, and supposedly came up with the product that eventually went on to be marketed as "Steak-umms," which were popular when I was a kid. As for "popcorn chicken," well that's US Patent 5,266,064, for a "Method of making a food product from the thigh of a bird and food product made in accordance with the method." And, if I'm reading it correctly, that patent should have expired earlier this year. Assuming that's the case, you may now be able to make your own popcorn chicken without infringing. How exciting.

Of course, for some of us, this still seems ridiculous. Is the progress of the "useful arts" really being promoted by giving a monopoly to someone figuring out new and different ways for fast food joints to chop up their chickens?

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: cutting, gene gagliardi, meat, patents, popcorn chicken, steak-ums, tony mata

54 Comments

If you liked this post, you may also be interested in...

Reader Comments

Subscribe: RSS

View by: Time | Thread

Anonymous Coward, 5 Sep 2012 @ 1:56pm

Does this mean I can start patenting rocks, since they're just cuts of the ground?
[ link to this | view in thread ]
JTP, 5 Sep 2012 @ 1:58pm

Re:
I believe cavemen have prior art on that.
[ link to this | view in thread ]
justok (profile), 5 Sep 2012 @ 1:59pm

Re:
Possibly, but you might not be able to take it for granite.
[ link to this | view in thread ]
ChurchHatesTucker (profile), 5 Sep 2012 @ 2:00pm

Haters gonna hate
Dude discovered an overlooked cow muscle. That no one has ever seen before. That's the definition of non-obvious.
[ link to this | view in thread ]
Ima Fish (profile), 5 Sep 2012 @ 2:00pm

"Method of making a food product from the thigh of a bird and food product made in accordance with the method."

A method in accordance with the method?! How the frick does that circular BS make any sense?! How about a method to obtain infinite free energy made in accordance with the method?
[ link to this | view in thread ]
Chris Rhodes (profile), 5 Sep 2012 @ 2:03pm

Uhhhh
"which he won't let them videotape"

I thought the entire point of patents is that the public gets to know how to do something in exchange for granting a limited-time monopoly to the creator . . .
[ link to this | view in thread ]
vmanda (profile), 5 Sep 2012 @ 2:07pm

How is this not a recipe? Should we check with Julia Child for prior art?
[ link to this | view in thread ]
Kevin H (profile), 5 Sep 2012 @ 2:10pm

Re: Re:
Apple didn't let a little thing like prior art get in their way.
[ link to this | view in thread ]
Rikuo (profile), 5 Sep 2012 @ 2:10pm

Again, another reason for me to be anti-IP. Not only does it say what I am allowed sing with my own voice, what dance moves I can do...but I'm not allowed cut meat a certain way?
[ link to this | view in thread ]
Kevin H (profile), 5 Sep 2012 @ 2:11pm

Re:
Please see all religions.
[ link to this | view in thread ]
Anonymous Coward, 5 Sep 2012 @ 2:11pm

"Is the progress of the "useful arts" really being promoted by giving a monopoly to someone figuring out new and different ways for fast food joints to chop up their chickens?"

Depending upon what it is they have done, the answer is "Of course. Why do you even ask?"
[ link to this | view in thread ]
Kevin H (profile), 5 Sep 2012 @ 2:13pm

Re:
I don't see any butter
[ link to this | view in thread ]
Anonymous Coward, 5 Sep 2012 @ 2:14pm

Re:
You beat me to mentioning this is like patenting a recipe (luckily I refreshed before looking like a fool ;) )

One part of me appreciates how to creatively cut a piece of meat, and understands how top chefs keep their recipes closely guarded, but another part of me is disgusted that cuts of meat were patented and this jerk expects royalty payments or licensing fees to use it. Imagine if we had to pay 10c to boil an egg every time we were hungry.
[ link to this | view in thread ]
Kevin H (profile), 5 Sep 2012 @ 2:16pm

I worked in a few restaurants prior to the job I have now. Without knowing it I was in violation of this patent. At the last restaurant I worked at we had an employee meal prior to the shift beginning. The other line cooks and myself would quickly do EXACTLY THIS a couple of times a week. We would alternate seasoning and sauce to keep it a little different.
[ link to this | view in thread ]
Anonymous Coward, 5 Sep 2012 @ 2:17pm

Re: Re:
Possibly, but you might not be able to take it for granite.

** stone silence **
[ link to this | view in thread ]
Anonymous Coward, 5 Sep 2012 @ 2:17pm

So wait... he patents it but then gives us a demonstration video on exactly how to make it?

Sounds like entrapment. Delicious, delicious entrapment.
[ link to this | view in thread ]
Anonymous Coward, 5 Sep 2012 @ 2:20pm

Re:
>i>I worked in a few restaurants prior to the job I have now. Without knowing it I was in violation of this patent. At the last restaurant I worked at we had an employee meal prior to the shift beginning. The other line cooks and myself would quickly do EXACTLY THIS a couple of times a week. We would alternate seasoning and sauce to keep it a little different.

Damned pirates!
[ link to this | view in thread ]
Anonymous Coward, 5 Sep 2012 @ 2:23pm

Correction (I'm patenting the "Edit Post" button - GRRRRRRRR!!!!!!!!!!!):
I worked in a few restaurants prior to the job I have now. Without knowing it I was in violation of this patent. At the last restaurant I worked at we had an employee meal prior to the shift beginning. The other line cooks and myself would quickly do EXACTLY THIS a couple of times a week. We would alternate seasoning and sauce to keep it a little different.

Damned pirates!
[ link to this | view in thread ]
Anonymous Coward, 5 Sep 2012 @ 2:26pm

(And I'm patenting making assholes rich!)
It's seems to be a pretty meaty subject.
[ link to this | view in thread ]
Anonymous Coward, 5 Sep 2012 @ 2:28pm

C'mon post!
Don't be so chicken.
[ link to this | view in thread ]
Shmerl, 5 Sep 2012 @ 2:32pm

Did he patent the concept of eating corn and chicken too?
[ link to this | view in thread ]
Dark Helmet (profile), 5 Sep 2012 @ 2:34pm

Re: Re: Re:
Your comment could have been boulder....
[ link to this | view in thread ]
Tunnen (profile), 5 Sep 2012 @ 2:36pm

Re: Re: Re: Re:
My sediments exactly!!
[ link to this | view in thread ]
Tunnen (profile), 5 Sep 2012 @ 2:39pm

Re: Re: Re: Re: Re:
Also, that comment rocks? =P
[ link to this | view in thread ]
Anonymous Coward, 5 Sep 2012 @ 2:45pm

OK
** stone silence **

I got a million of them.
[ link to this | view in thread ]
Digitari, 5 Sep 2012 @ 2:47pm

Re: Re: Re: Re: Re: Re:
of course all this must be read in a gravelly voice :)
[ link to this | view in thread ]
Anonymous Coward, 5 Sep 2012 @ 2:47pm

Re: Re: Re: Re: Re: Re:
Also, that comment rocks? =P

Making comments that rock is my role.
[ link to this | view in thread ]
Anonymous Coward, 5 Sep 2012 @ 2:51pm

Re: Re: Re: Re: Re:
My sediments exactly!!

Those sediments had better be chicken-free or you're gonna get sued for patent violation.
[ link to this | view in thread ]
Anonymous Coward, 5 Sep 2012 @ 2:52pm

And PUHLEAZE!
No torrents!!
[ link to this | view in thread ]
Anonymous Coward, 5 Sep 2012 @ 2:55pm

Re: Re:
But no one hold patents on- OOOOHHHHHHHHH
[ link to this | view in thread ]
AzureSky (profile), 5 Sep 2012 @ 2:56pm

Re: Uhhhh
no, that was the intent, the point as they see it is to allow them to make money off anybody that uses anything related to their patent.....like cutting up chicken.
[ link to this | view in thread ]
Anonymous Coward, 5 Sep 2012 @ 2:58pm

Re: Uhhhh
Mike mentioned that at least one of his other patents had already run out. Trying to spread your genious "out of patent"-work to too many viewers is bad for business, I guess.
[ link to this | view in thread ]
Josh (profile), 5 Sep 2012 @ 3:09pm

Forget cutting the chicken, I have a patent on a method to choke the chicken.
[ link to this | view in thread ]
el_segfaulto (profile), 5 Sep 2012 @ 3:16pm

Re: Re: Re: Re: Re: Re: Re:
Only if that person is igneous to the facts.
[ link to this | view in thread ]
Anonymous Coward, 5 Sep 2012 @ 3:33pm

Re: Re: Uhhhh
I'm no innovative chef type, but reverse engineering how a slab of meat is sliced doesn't seem like culinary rocket science.

People probably do it by accident, but they just call it "dinner".
[ link to this | view in thread ]
saulgoode (profile), 5 Sep 2012 @ 3:36pm

When in college, my roommates and I devised 49 different ways to drink a beer...

If only we knew.
[ link to this | view in thread ]
Anonymous Coward, 5 Sep 2012 @ 4:14pm

You Guys ROCK!
[ link to this | view in thread ]
Kevin H (profile), 5 Sep 2012 @ 4:16pm

Re:
ONLY 49? Must have been actually going to class and/or studying.
[ link to this | view in thread ]
Anonymous Coward, 5 Sep 2012 @ 4:23pm

Re:
I have a patent on a method to choke the chicken.

Let me guess. You live on Nantucket Island and have large ear-holes or a needle-d...
[ link to this | view in thread ]
Anonymous Coward, 5 Sep 2012 @ 4:56pm

Re: Haters gonna hate
Not so much overlooked, as "undervalued". He figured out how to cut a muscle so it could be cooked whole, and be appetizing medium rare, rather than stewed, or ground.

Mind you, I'm sure it has to be cooked in a very particular manner, like most steak cuts. You can screw up a flank stake with less than 1 minute of over or under ;-)

It is probably a very tough muscle, and or very sinewy.

No, I do not support patent-ability of this.

Also, one of the creepier professions one can think of.
[ link to this | view in thread ]
DC (profile), 5 Sep 2012 @ 5:08pm

Re: Uhhhh
That is a really good point.

The patents are already granted. The inventions are already protected.

By refusing to demonstrate, he is really admitting that the patent doesn't allow one skilled in the art (of butchery) to use the invention. He is admitting that his specific skill and or practice are also required.

In other words, the "invention" must also be taught to one skilled in the art, beyond reading and applying what is in the patent.

Not that we should be patenting cooking techniques. A special knife maybe, but he's using a bog standard butchering knife.
[ link to this | view in thread ]
Jason, 5 Sep 2012 @ 5:10pm

Re: Re:
Mudder fracking shale not be taken for granite!!!
[ link to this | view in thread ]
abc gum, 5 Sep 2012 @ 5:10pm

""inventor" of the Steak-Umm, KFC's popcorn chicken "

Is that really chicken?
[ link to this | view in thread ]
Jason, 5 Sep 2012 @ 5:13pm

Re: Re: Re: Re: Re: Re: Re: Re:
Could be gneiss, under the right conditions.
[ link to this | view in thread ]
gorehound (profile), 5 Sep 2012 @ 5:26pm

Can you Patent a way to Beat Your Meat ?
Just wondering
[ link to this | view in thread ]
Anonymous Coward, 5 Sep 2012 @ 6:04pm

If you bothered to look at the patent, you would understand why.

It's not a patent about a recipe (that is a sideline). The real patent is on the machinery and method by which the chicken is turned into the parts required. It's no different from a patent on any other mechanical device.

Once again, a slow golf clap for Mike Masnick, who fails to understand the patent system, but sure can take a dump on it.
[ link to this | view in thread ]
Anonymous Coward, 5 Sep 2012 @ 6:26pm

Re:
Try looking at patent 5,346,711
[ link to this | view in thread ]
artp (profile), 5 Sep 2012 @ 9:51pm

It worries me...
Animals will now have to watch that they don't get injured in a manner that violates this patent, or they will owe royalties. And how is a chicken going to come up with the corn to pay this, or a cow the moolah to settle the debt?

;-)
[ link to this | view in thread ]
Anonymous Coward, 5 Sep 2012 @ 10:44pm

Re: Re: Re: Re: Re: Re: Re: Re: Re:
Oh, this new cut, it is not a mystery! It is sedimentary my dear Watson!
[ link to this | view in thread ]
Curt (profile), 6 Sep 2012 @ 1:48am

Re: You are illiterate and only look at pictures
Patent 5,266,064 is indeed for a meat-cutting machine.

Patent 5,346,711 is not a patent for any mechanical device. It is just directions on where to cut meat by hand with a knife.
[ link to this | view in thread ]
Anonymous Coward, 6 Sep 2012 @ 3:38am

Re: Re: You are illiterate and only look at pictures
Eh, He's a bit too late to patent that machine, (industrial meat processor/stripper). He's just showing different configurations of it. You'll note he describes the drawings as 'preferred embodiment's', the same way the marinating drum from Robert Reiser & Co is described as a 'preferred marinating method'.

He's still not patenting a machine that first used animals on treadmills to run, just ways to use the machine ;)
[ link to this | view in thread ]
Jparenti, 7 Sep 2012 @ 5:49am

Re: Re:
Gneiss pun.
[ link to this | view in thread ]
chicken coops, 24 Oct 2013 @ 11:13pm

chicken coops
yep yep love the pop corn chicken
[ link to this | view in thread ]
Anonymous Coward, 8 Jan 2015 @ 5:43pm

Chicken is low in fat http://www.unmuteme.com/chicken
[ link to this | view in thread ]