Franchising and patents have a reciprocal relationship: each is based on and supported by the other. In other words, no one may grant

commercial franchise rights to another person unless they legally own those rights themselves.

For this reason, obtaining a patent is the first foundational step. Only then should you proceed to grant franchise rights to the

idea or invention. It can therefore be said that franchising and patents go hand in hand and are inseparable. If this is not the case, a legal error may have occurred, which could perhaps

lead to the franchise agreement being terminated altogether at a later date.

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Patent Grant Requirements:

If we have concluded that obtaining a patent is fundamental to granting a commercial franchise for a particular project, how can we obtain this

A patent? And what are the requirements for obtaining one?

Here are some of these requirements:

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1- The invention must involve an inventive step:

This may seem obvious—otherwise, what would be the point of granting a patent for an old idea? However, this requirement is intended to define the concept of innovation itself and what qualifies as innovative

and what does not.

Accordingly, Article 115 of the World Intellectual Property Organization (WIPO) law defines innovation as follows: An invention involves an inventive step

if, in the opinion of a person of ordinary skill in the art, it does not follow in an obvious manner from the prior art relevant to the patent application in which the invention is claimed.”

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2- The invention must be capable of industrial application:

One of the requirements for obtaining a patent is that the invention be capable of industrial application; otherwise, it would serve no practical purpose. Even

simply obtaining the patent itself would contribute nothing new. Inventions exist to help develop societies and move people’s lives forward.

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3- The invention must be new:

An idea or invention may indeed be innovative, yet not be new—that is, similar ideas may already have been patented. In that case, the patent would not be

objective or even justified.

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4- The invention must be lawful:

This requirement calls for consideration of a society’s general rules, ethics, and public morals. This makes it the relative aspect of the requirements for obtaining

a patent: what is acceptable in one society may be rejected in another.

Accordingly, the invention must be lawful or socially acceptable in the community where a patent is being sought from one of its institutions.

Once these conditions have been met, the invention will be eligible for a patent certificate. The inventor or owner of the idea will then be entitled to

grant its rights to another person, and the franchise agreement will be valid.