Does Aerus own any registered patents that are material to the franchise?
Aerus Franchise · 2025 FDDAnswer from 2025 FDD Document
Y INFORMATION**
Patents, Copyrights and Proprietary Information
We do not own any registered patents that are material to the franchise. Although we have not filed applications for copyright registration, we claim copyrights on the Manuals and all materials used in the System.
You must notify us immediately by telephone, and thereafter in writing, of any apparent infringement of or challenge to your use of any patents, copyrighted material or proprietary information, or of any claim by any person of any rights therein. We will have the right to take such action as we deem appropriate in connection with the foregoing, including the right to control any settlement, litigation or proceeding arising out of any such alleged infringement, challenge or claim or otherwise relating to any of the patents, copyright and proprietary information. You must execute any and all instruments and documents, render such assistance, and do such acts or things as may, in our reasonable opinion, be necessary or advisable to protect and maintain our or our affiliate's interests in any litigation or other proceeding or to otherwise protect and maintain our, our affiliates or any other interested party's interest in the patents, trademarks or proprietary information.
There is no effective decision, ruling or order of the United States Patent and trademark Office, Copyright Office of the Library of Congress or any court, which could materially affect the ownership or use of any patents or copyrighted materials.
There are no agreements currently in effect, which significantly limit our rights to use, or license the use of, patents or copyrights in any manner material to you.
Software and Administration Systems
As a primary and material element of the System, we and our affiliates have developed a proprietary computer information and office automation system, comprised of various software programs and modules (including modules for customer relationship and lead management, financial administration and inventory ordering and management) (the "Software and Administration Systems"), which system is currently known as the Aerus Franchise Office Automation System ("FOAS").
A.
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 51–53)
What This Means (2025 FDD)
According to Aerus's 2025 Franchise Disclosure Document, Aerus does not own any registered patents that are material to the franchise. However, Aerus claims copyrights on the manuals and all materials used in the Aerus system, even though they have not filed for copyright registration. As a franchisee, you are required to notify Aerus immediately if there is any apparent infringement or challenge to the use of any patents, copyrighted material, or proprietary information.
Aerus retains the right to take any action they deem appropriate regarding any alleged infringement, challenge, or claim, including controlling any settlement, litigation, or proceeding. As a franchisee, you must execute any documents and provide assistance to protect Aerus's interests in any litigation or proceeding related to patents, trademarks, or proprietary information.
The FDD also states that there are no current agreements that significantly limit Aerus's rights to use or license the use of patents or copyrights in any manner material to the franchisee. Aerus has developed a proprietary computer information and office automation system known as Aerus Franchise Office Automation System (FOAS), which is a material element of the Aerus system. As a franchisee, you will be required to use this system in your business operations.