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November 22, 2008 8:03 PM PST

Two years later, McDonald's sandwich patent can't hold back Domino's

by Matt Asay

For centuries people have enjoyed sandwiches, and many businesses have made them without the "critical" protection of patents to ensure a short-term monopoly.

Indeed, here in the United States, Domino's Pizza is making a furious push to up-end Subway's sandwich dominance.

!%!%!%!% pirates!

Have they forgotten that McDonald's filed for a patent on sandwich-making two years ago? The U.K.'s Guardian covered this momentous patent two years ago, but it apparently hasn't struck fear into these would-be sandwich maestros.

Of course, McDonald's was not simply trying to patent the sandwich. It was trying to put a lock on automating sandwich-making, so that 16-year-olds everywhere would find themselves unemployed, and so that its plastic-tasting burgers would have even less variation in plasticity:

The present invention relates to a sandwich assembly tool and methods of making a sandwich, which may be a hot or cold sandwich, quickly by pre-assembly of various sandwich components and simultaneous preparation of different parts of the same sandwich....Methods of making a sandwich are disclosed. The methods may include one or more of the use of preassembled sandwich fillings, assembly of garnishes in advance of a customer's order or while ether portions of the sandwich are being heated using the sandwich assembly tool, the simultaneous heating of a bread component and the sandwich filling, placing the bread component over the tool containing garnish, and inverting the tool and bread combination to deposit the sandwich garnish onto the bread component.

Genius! And yet those pesky competitors keep making them by hand, foiling the McDonald's plans for world sandwich domination. Drat those upstart pirates!

At least software isn't the only industry that comes up with goofball patents.


Via OpenDotDot.

Matt Asay brings a decade of in-the-trenches open-source business and legal experience to The Open Road, with an emphasis on emerging open-source business strategies and opportunities. Matt is vice president of business development at Alfresco, a company that develops open-source software for content management. He is a member of the CNET Blog Network and is not an employee of CNET. Disclosure. You can follow Matt on Twitter @mjasay.
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by royrusso November 22, 2008 9:07 PM PST
What about crabby patties? Isn't the recipe a secret, too?!
Reply to this comment
by Dalkorian November 24, 2008 3:31 PM PST
Yup, and I have a patent for it. If you make crabby patties, you have to pay me 40% of all proceeds. Gross, not profit. This applies even if your patties are snarky or snippy too, they don't have to be totally crabby. Even if they are just in a bad mood, my patent applies.

You can send my profits to Ura Pigg, 742 Evergreen Terrace, Springfield. Any state will do, zip code doesn't matter. If you do not send my profits to me as discussed, you can speak to my team of lawyers - Dewey, Cheetum and Howe.

;-)
by Seaspray0 November 23, 2008 9:21 AM PST
It's the quality of their food that's killing McDee's. Automated or not, it rates as one of the worst sandwiches I've had. And their "big breakfast" was anything but. Are you listening McCorporate? Until you do something about it, I'll be taking my business elsewhere.
Reply to this comment
by Dalkorian November 24, 2008 3:33 PM PST
I'm not sure which part was funnier, using the words "quality", "food" and "McDee's" in the same sentence or thinking McCorporate is reading this blog and cares what you personally think. Either way, thanks for the laugh Seaspray0!
by feliusrex November 23, 2008 10:38 AM PST
Actually, this is the sort of invention that the patent system should be protecting. While it's not particularly exciting, it is a valid idea that demonstrates inovation in food preparation. I'd much rather see this patented than something like 'one-click' or XORing video bits or any of the business method garbage patents. The quality of McD's food has nothing to do with whether this should or should not be patented.
As a side note, Subway would love it if McD's started doing this. Can you imagine the 'we're not robots' ad campaign?
Reply to this comment
by rapier1 November 23, 2008 11:28 AM PST
Matt, you are an idiot of staggering proportions. They aren't patenting sandwiches. They are patenting a *mechanical* method for creating sandwiches. Its not a software patent, or a business method patent, its a patent for the mechanics of an actual device.
Reply to this comment
by jlee888 November 23, 2008 5:27 PM PST
Rapier is right. You're a goofball for suggesting that this is a frivolous patent. This is no different than any other patent that describes a mechanical process. Making soup, cookies, shoes. Millions are spent in R&D to get the machinery just right - its EXACTLY what patents were initially meant for.

I know you have a beef with Software Patents but please don't cloud your judgements by painting all patents as bad. Just because you make a living off using free and open software doesn't mean that's the only way of making a living.
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by dmm November 24, 2008 9:02 AM PST
Had breakfast at McD's this summer. Chicken biscuit and coffee. Tasted good; inexpensive; quick. Was it healthy? On an absolute scale, no. Compared to the other quick alternative, which was donuts, yes. Stop complaining, you whiners. It's fast food, not haute cuisine or health food.

And that's a perfectly valid patent.
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by barthuff November 24, 2008 9:15 AM PST
OMG -- when I want a sandwich, my Mom cuts up lettuce and tomatoes while frying the bacon and toasting the bread. Then she would take one piece of toasted bread, place the tomatoes and lettuce upon it, put the bacon on the other piece of toast, and then "invert the tool and bread combination to deposit the sandwich garnish onto the bread component." In other words, she and I have violated McD's patent several times this calendar year.

I thought patents encompassed something new, an innovation, the results of creative thinking. Instead, as this patent demonstrates, the only new thinking seems to come from patent lawyers who work with clients to blanket the known world with drivel posing as patent applications.

Matt -- keep up the good work.
Reply to this comment
by Michichael November 24, 2008 9:22 AM PST
But is it art?

I jest. Anyway, interesting article and although it's not completely relevant this isn't a college class. It's his opinion column. Quit crying about it. And on the note of "piracy..." good use of the term!

Piracy is not theft. Theft removes the original. Piracy makes a copy.

Piracy is not theft. Piracy is Piracy. :P
Reply to this comment
by Dalkorian November 24, 2008 3:38 PM PST
Oooh, I think I just figured out where the confusion comes from regarding software piracy and theft. On the high seas, pirates usually steal stuff! Online it doesn't work this way (it's copyright infringement at the worst - you're absolutely right in stating it's not "theft"), but since the term "pirate" has stuck so well ...
by adam_hartung December 31, 2008 9:30 AM PST
Domino's is very smart to go after a new market with new products in this tough economy. Why keep up the old price wars in pizza where Domino's cannot change customer perceptions? Instead going after a new market will give Domino's growth opportunities. Great move to grow when most competitors are trying to save costs. Read more at http://www.ThePhoenixPrinciple.com
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About The Open Road

Matt Asay brings a decade of in-the-trenches open-source business and legal experience to the Open Road, with an emphasis on emerging open-source business strategies and opportunities. Matt is general manager of the Americas division and vice president of business development at Alfresco, a company that develops open-source software for content management. He is a member of the CNET Blog Network and is not an employee of CNET. Disclosure.

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