Does Byrider Franchising Partners have any patents material to the franchise?
Byrider Franchise · 2025 FDDAnswer from 2025 FDD Document
PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION
There are no patents that are material to the franchise, nor do we have any pending patent applications that are material to the franchise.
Byrider Franchising Partners claims copyrights in 5 manuals, which rights were assigned from Byrider Franchising in September 2024: Sales Operations (TXu 1-714-594), CNAC Operations (TXu 1-715-293), J.D. Byrider/CNAC Reports (TXu 1-714-652), Service Operations (TXu 1-714-673), and J.D. Byrider/CNAC Accounting Operations (TXu 1-715-294), all granted on December 16, 2010 (the "Manuals"). In addition, Byrider Franchising Partners claims copyrights in two computer programs: Discover (TX6-082-231) granted on November 8, 2004; and Discover v.2 (TXu 1-719-153) granted on March 8, 2011.
The Manuals and other materials Byrider Franchising Partners possesses contain Byrider Franchising Partners' confidential information. This information includes methods, formats, specifications, standards, systems, procedures, sales and marketing techniques and knowledge of and experience used to develop and operate Byrider Businesses as well as particular methods of processing and tracking financial information about Byrider Franchising Partners customers. The unique formula Byrider Franchising Partners uses for credit approval of Byrider Franchising Partners customers is confidential information. You may not use Byrider Franchising Partners' confidential information in an unauthorized manner either during or after the term of the Franchise Agreement and must take reasonable steps to prevent its disclosure to others. For example, you may not duplicate any part of the Operating Manual, remove the manual at your Business location or fail to return it to Byrider Franchising Partners when the franchise term is over.
All ideas, concepts, techniques, names or materials concerning Byrider Businesses, whether or not they constitute protectable intellectual property, and whether created by or for you or your owners, must be promptly disclosed to Byrider Franchising Partners, and will be deemed to be Byrider Franchising Partners' property and part of its System as works made-for-hire for Byrider Franchising Partners. You and your owners must sign whatever documents Byrider Franchising Partners requests to evidence Byrider Franchising Partners' ownership or to help Byrider Franchising Partners secure intellectual property rights in these ideas, concepts, techniques, names or materials.
There currently are no effective determinations of the Copyright Office (Library of Congress) or any court regarding any of the copyrighted materials. Nor are there any agreements currently in effect that significantly limit Byrider Franchising Partners' right to use or authorize others to use the copyrighted materials. Furthermore, there are no infringing uses actually known to Byrider Franchising Partners that could materially affect
the use of the copyrighted materials in any state. Byrider Franchising Partners is not required by any agreement to protect, defend, or renew copyrights or confidential information, although it intends to do so when this action is in Byrider Franchising Partners' best interests. Byrider Franchising Partners will indemnify you for claims against you and/or your Business that arise from Byrider Franchising Partners' gross negligence or willful misconduct or from any mandatory specification, standard or procedure contained in the Manual that is determined to be unlawful (including, such copyrighted materials). As long as you give timely notice of these claims to Byrider Franchising Partners, have complied with the Franchise Agreement and Byrider Franchising Partners has participated in the proceeding as it deems necessary, Byrider Franchising Partners pays the reasonable costs that arise from the action.
Source: Item 14 — (FDD pages 54–55)
What This Means (2025 FDD)
According to Byrider's 2025 Franchise Disclosure Document, there are no patents that are material to the franchise. Byrider Franchising Partners also does not have any pending patent applications that are material to the franchise. However, Byrider Franchising Partners claims copyrights in 5 manuals, which rights were assigned from Byrider Franchising in September 2024: Sales Operations (TXu 1-714-594), CNAC Operations (TXu 1-715-293), J.D. Byrider/CNAC Reports (TXu 1-714-652), Service Operations (TXu 1-714-673), and J.D. Byrider/CNAC Accounting Operations (TXu 1-715-294), all granted on December 16, 2010. In addition, Byrider Franchising Partners claims copyrights in two computer programs: Discover (TX6-082-231) granted on November 8, 2004; and Discover v.2 (TXu 1-719-153) granted on March 8, 2011.
These manuals and computer programs contain Byrider's confidential information, including methods, formats, specifications, standards, systems, procedures, sales and marketing techniques, and knowledge used to operate Byrider Businesses. The unique formula Byrider uses for credit approval of customers is also considered confidential information. As a franchisee, you cannot use Byrider's confidential information in an unauthorized manner during or after the franchise term, and you must take steps to prevent its disclosure to others. For example, franchisees may not duplicate any part of the Operating Manual, remove the manual from the business location, or fail to return it to Byrider when the franchise term is over.
All ideas, concepts, techniques, names, or materials concerning Byrider Businesses, whether or not they constitute protectable intellectual property, and whether created by or for you or your owners, must be promptly disclosed to Byrider Franchising Partners, and will be deemed to be Byrider Franchising Partners' property and part of its System as works made-for-hire for Byrider Franchising Partners. Franchisees and their owners must sign documents Byrider requests to evidence Byrider's ownership or to help Byrider secure intellectual property rights in these ideas, concepts, techniques, names, or materials.
Microsoft software products may be provided to franchisees as a service by Byrider Franchising Partners, including computer software, associated media, printed materials, and "online" or electronic documentation. All title and intellectual property rights in and to the Software Products are owned by Microsoft or its suppliers. The Software Products are licensed to Byrider Franchising Partners from MSLI, GP ("Microsoft"), a Nevada general partnership and a wholly-owned subsidiary of Microsoft Corporation. Byrider does not own the Software Products and the use thereof is subject to certain rights and limitations of which franchisees need to be informed. Franchisee's right to use the Software Products as a service is pursuant to their agreement with Byrider and is subject to their understanding of and compliance with the customer license terms provided to them.