Does Degree Wellness have any patents or pending patent applications material to the franchise?
Degree_Wellness Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as provided in this item, you do not receive the right to use an item covered by a registered patent or copyright, but you can use the proprietary information in our Operations Manual. See Item 11 for additional information about our Operations Manual. We do not own any rights in or licenses to any patents or have any pending patent applications that are material to the franchise. Although we have not filed an application for copyright registration of our Operations Manual or other copyrighted or copyrightable materials and items, we claim copyright protection in them, and they are proprietary. We do not have any obligation to take action for unauthorized uses of the information in our Operations Manual or other copyrighted item, but we intend to do so in circumstances we deem appropriate. We do not have to indemnify you for losses brought by a third party concerning your use of this information, but intend to do so under circumstances we deem appropriate. Unless otherwise provided in this Item 14, we are not aware of any other material infringing uses of this information. There are no agreements in effect affecting or limiting our right to use this information. There are no material determinations of, or proceedings in, the United States Patent and Trademark Office, the United States Copyright Office or a court concerning any patent or copyright owned by us.
Source: Item 14 — Patents, Copyrights, and Proprietary Information (FDD pages 47–48)
What This Means (2025 FDD)
According to Degree Wellness's 2025 Franchise Disclosure Document, Degree Wellness does not own any rights in or licenses to any patents, nor does it have any pending patent applications that are material to the franchise. However, Degree Wellness does claim copyright protection on its Operations Manual and other copyrighted materials, even though they have not filed for copyright registration. Degree Wellness states that while they are not obligated to take action against unauthorized use of their Operations Manual or other copyrighted items, they intend to do so when they deem it appropriate.
Degree Wellness also states that they do not have to indemnify franchisees for losses brought by a third party concerning the use of this information, but intend to do so under circumstances they deem appropriate. The FDD indicates that Degree Wellness is not aware of any other material infringing uses of this information and that there are no agreements in effect affecting or limiting their right to use this information. Additionally, there are no material determinations of, or proceedings in, the United States Patent and Trademark Office, the United States Copyright Office or a court concerning any patent or copyright owned by Degree Wellness.
For a prospective franchisee, this means that the Degree Wellness franchise is not built upon patented technology. Instead, it relies on proprietary information and trade secrets, as well as copyright protection for its manuals and materials. While Degree Wellness intends to protect its copyrighted materials, franchisees should be aware that the company is not obligated to take action against unauthorized use, nor are they obligated to indemnify franchisees for losses related to the use of this information. However, Degree Wellness states that they intend to do so under circumstances they deem appropriate. This introduces a degree of uncertainty regarding the protection and enforcement of intellectual property rights related to the franchise.