When was the 'Cushion Device' patent issued for the Gokhale Method, and for how long is it valid?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
The second patent is titled "Cushion Device." It is a design patent bearing number D604,084, issued November 17, 2009 for 17 years. This patent covers an ornamental design for a cushion device.
Although we haven't filed any applications for copyright registration, we claim copyright protection as well as trade secret protection for the teaching script, Teacher's Manual, software, advertising materials, and other materials we give you for your use or for public dissemination, other proprietary information and publications we own or have acquired under license from a third party, and everything concerning the Gokhale System. You may resell products that are protected by patents owned or licensed to us, but have no rights to the underlying intellectual property.
We do not include in the Franchise Agreement any provision requiring us to protect the Patents or copyrights, or to defend, indemnify you or hold you harmless if a third party sues you for infringement for using our patented products. The Franchise Agreements do not provide you any rights if you decide to modify or discontinue the subject matter of the patents and copyrights.
Source: Item 14 — PATENTS, COPYRIGHTS, AND PROPRIETARY INFORMATION (FDD pages 25–26)
What This Means (2024 FDD)
According to the 2024 Gokhale Method Franchise Disclosure Document, the 'Cushion Device' patent, bearing number D604,084, was issued on November 17, 2009. This design patent is valid for a term of 17 years from the issue date.
This means that Gokhale Method has exclusive rights to the ornamental design of the cushion device until November 17, 2026. Franchisees are permitted to use and sell products covered by this patent. However, they do not acquire any rights to the underlying intellectual property itself.
It is important to note that Gokhale Method does not include any provision in the Franchise Agreement requiring them to protect the patents or defend/indemnify franchisees if a third party sues for infringement related to the patented products. Additionally, franchisees do not have any rights if Gokhale Method decides to modify or discontinue the patented products.