Who owns the provisional patents related to the Punching Stand used by Punch King Fitness?
Punch_King_Fitness Franchise · 2024 FDDAnswer from 2024 FDD Document
Punching Bag LLC, our affiliate, is the owner of Provisional patents with numbers 16/804,916 and 63/268,614 Punching Stand, filed with the United States Patent and Trademark Office. In addition, Punching Bag LLC, our affiliate, is the owner of patent with an ID of WIPO91947 titled Punching Bag registered on February 20, 2020.
There are no other patents or pending patent applications or registrations material to the franchise. We do not own any patents material to the franchise. We do not own any copyright registration material to the franchise. We do have unregistered copyrights in the Punch King Fitness Operating Manual, and all printed, audiovisual, and other materials developed and distributed for use by our franchisees or us (collectively called the "Proprietary Information"). Information not protected by copyright but confidential to us, such as information about our methods, policies, and marketing programs, is also part of the Proprietary Information.
Source: Item 14 — PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 39–41)
What This Means (2024 FDD)
According to Punch King Fitness's 2024 Franchise Disclosure Document, the provisional patents for the Punching Stand are owned by Punching Bag LLC, which is identified as an affiliate of Punch King Fitness. These provisional patents have the numbers 16/804,916 and 63/268,614 and were filed with the United States Patent and Trademark Office. Additionally, Punching Bag LLC owns a patent with an ID of WIPO91947 titled Punching Bag, registered on February 20, 2020. Punch King Fitness itself does not own any patents material to the franchise.
This means that while Punch King Fitness franchisees utilize the Punching Stand in their operations, the intellectual property rights are held by a separate entity, Punching Bag LLC. As a franchisee, you are granted the right to use the patented technology, but you do not own or control the patents themselves. This is a common arrangement in franchising, where the franchisor or an affiliated company retains ownership of key intellectual property.
Prospective franchisees should understand that their ability to use the Punching Stand technology is contingent on the continued validity and ownership of these patents by Punching Bag LLC. While the FDD states that there are no known superior prior rights or infringing uses, it is important to monitor any potential legal challenges to these patents, as any adverse ruling could impact the franchisee's ability to operate the Punch King Fitness business as intended. Franchisees also have a responsibility to notify Punch King Fitness of any potential infringements of their protected materials.