Does Dryject or its affiliates own patents material to the Dryject franchise system?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
- (d) We and/or Our affiliates own rights in, or to certain patents that are material to the Franchise and Our System. You shall not, at any time during the Term of this Agreement or after its termination or expiration contest the validity or ownership rights in any patents currently issued to or hereafter applied for by Us and/or Our affiliates. If litigation involving the Patents is instituted or threatened against You, You must notify Us promptly and cooperate fully with Us in defending or settling the litigation. Should We elect to protect the Patents or protect You against claims of infringement, We will have the right to control any litigation involving a patent licensed by Us to You.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to the 2025 Dryject Franchise Disclosure Document, Dryject and/or its affiliates own rights to certain patents that are material to the franchise and its system. As a Dryject franchisee, you are prohibited from contesting the validity or ownership of any patents currently issued to or applied for by Dryject and/or its affiliates, both during the term of the agreement and after its termination or expiration.
If litigation involving these patents is initiated or threatened against you, you must promptly notify Dryject and fully cooperate in defending or settling the litigation. Dryject retains the right to control any litigation involving a patent licensed to you, should they elect to protect the patents or defend you against infringement claims. This clause underscores the importance of the Dryject's intellectual property to the franchise system and the franchisee's obligation to protect these assets.
This arrangement is typical in franchising, where the franchisor's intellectual property is central to the brand's value. Franchisees benefit from the use of these patents but must acknowledge and protect the franchisor's ownership. Prospective franchisees should understand that they cannot challenge Dryject's patent rights and must cooperate with Dryject in any related legal matters.