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Snap, Crackle Patents

Can you patent the business method of selling cereal? One company gave it a shot.

By Christopher Hayes

Back in 2000, David Roth had one of those “eureka” moments that are the stuff of American entreprenurial legend. After spotting a box of Cocoa Puffs hidden behind the desk of a Wall Street executive, Roth dreamed up a retail business that would sell cereal all the time. He and a partner opened the first Cereality in Tempe, Arizona, on… return to article

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    Page 1 of 1 pages

    If business method patents were a problem, wouldn’t there be a good example of innovation being stifled?

    “Back at Bowls, Monteleone’s lawyer told him to ignore Cereality’s letter, which was probably good advice.”

    So Monteleone suffered the cost of having his lawyer check into whether a threatened lawsuit was legitimate—a cost of doing business that any restauranteur will have to expend many more times regarding claims that someone tripped or suffered food poisoning.  No patent was awarded in this case, no legal hurdles were erected, and no innovation was stifled. 

    Not only does Monteleone continue, but other cereal restaurants are opening elsewhere—are we sure the patent application (obviously frivolous—anyone can apply for a patent) hasn’t actually encouraged this innovation?

    United States Posted by tedd on Jan 5, 2006 at 8:52 AM

    Why don’t you consider one-click shopping a good example?

    United States Posted by Dan Clore on Jan 13, 2006 at 5:09 PM
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