Does Benihana currently have any patents material to the franchise?

According to Benihana's 2024 Franchise Disclosure Document, there are currently no patents material to the franchise. However, Benihana does claim copyright protection in its Manual, related materials, and advertisement and promotional materials. These materials, while not registered with the United States Registrar of Copyrights, are considered Benihana's proprietary and confidential property, and franchisees may only use them as outlined in the Franchise Agreement.

Benihana's franchisees do not receive the right to use any item covered by a patent, but they must use the proprietary information contained in the Benihana Manual and that they receive during training. Although Benihana is in the process of filing applications and has filed applications for copyright registration, it claims copyright protection for the Manual, software, and other materials provided to franchisees for their use or for public dissemination, other proprietary information and publications Benihana owns or has acquired under license from a third party, and everything concerning operating procedures.

The FDD lists several copyrights registered with the U.S. Copyright Office, including titles such as "BENIHANA Hear Banner Ad.", "BENIHANA See Banner Ad.", and "BENIHANA Website.". These copyrights are held by Noodle Time, Inc. and cover various advertising and marketing materials used by Benihana. Franchisees must adhere to the guidelines and restrictions regarding the use of these copyrighted materials to avoid infringement.