Is a Franchise Just an Idea?
Basically yes! It is way of doing business, it is a set of processes and procedures with a service philosophy and an identifiable logo or mark that is licensed out to individuals or other companies to run as thier own business. This way of doing business is not in itself unique nor is the idea behind it.
In a very interesting recent court case, the F45 fitness franchise just tried to sue another operator for ‘infringing’ their patent of how they operate their business. It was turned down by the Australian court as not only did the other operator, Body Fit Training, not infringe on a patent, the actual thing was not patentable any way!
Why did the Judge Rule Invalid?
Joint CEOs of BFT, Cameron Falloon and Richard Burnet, said:
”The Federal Court has determined that both of F45’s innovation patents are invalid and that – even if those patents had been valid – BFT did not infringe them in any event.”
F45’s two patents were registered under different numbers; however, they were both recorded as being for “The remote configuration and operation of fitness studios from a central server.”
Basically the software that F45 thought was patentable was not as it utilised generic software which was managing communication to the studios and screens in the studio, this is not unique or patentable.
What is a Patent
You can use a patent to protect an invention. This patent must be applied for and in the UK, the Intellectual Property Office will decide whether to grant the patent. Many organisations patent their logos but not their ways of doing business as this does not qualify.
To be granted a patent, your invention must be all of the following:
- something that can be made or used
- new
- inventive – not just a simple modification to something that already exists
You cannot patent certain types of invention, including:
- literary, dramatic, musical or artistic works
- a way of doing business, playing a game or thinking
- a method of medical treatment or diagnosis
- a discovery, scientific theory or mathematical method
- the way information is presented
- some computer programs or mobile apps
- ‘essentially biological’ processes like crossing-breeding plants, and plant or animal varieties
Buying a Franchise
When you buy a franchise what are you buying? As mentioned in the first paragraph above, you are buying a way of doing business with a logo and set of products and values. The main advantage of a franchise is that the product is tested and there are tried and tested methods for marketing, selling and operating. Could you copy it? Well, you probably could but it takes a huge amount of effort to create something from scratch and that effort could be spent on getting a business launched and heading for breakeven instead.
RISE Fitness franchise was created by the team in response to the pandemic effect on the fitness sector. When we saw premises close and then the constraints of indoor exercise in the aftermath, this led us to the idea that outdoor fitness would grow and become a major and permanent feature of the UK fitness scene. The idea combined outdoor bootcamp with digital delivery and support and heart rate tech at the centre of it. Not only will it attract people to get fit outside but they will see that the tech at the heart of it will motivate them to get more active more of the time. Gyms will always be there, but more people felt a real lift in being outside and it is a great combination to get your exercise done while enjoying fresh air. The future is bright for outdoor fitness!
Also published by Franchise Local.
#fitnessfranchise #outdoorbootcamp
Photo by Tingey Injury Law Firm on Unsplash
No Comments