NAICS 533

Lessors of Nonfinancial Intangible Assets (Except Copyrighted Works)

NAICS 533: Lessors of patents, trademarks, and franchise rights — Qualcomm, McDonald's, and IP licensing.

Industry at a Glance

Sector-wide aggregates across all businesses classified under NAICS 533 (2017 classification frame). For specific sub-industries within this sector, see the individual reports below.

Employment
44K
US Census CBP · 2023 · NAICS 2017
Establishments
2,701
US Census CBP · 2023 · NAICS 2017
Annual Payroll
$6.0B
US Census CBP · 2023 · NAICS 2017
Avg Annual Wage
$136,596
Derived from US Census CBP · 2023 · NAICS 2017
Market Size
$62.1B
US Census Economic Census · 2022 · NAICS 2017

Industry Overview

Lessors of Nonfinancial Intangible Assets (NAICS 533) covers establishments that lease patents, trademarks, brand names, franchise rights, and other intellectual property to third parties. This subsector excludes copyrighted works (classified under NAICS 512) and focuses on IP assets that generate recurring royalty and licensing revenue.

Franchise licensing represents the largest and most visible segment. McDonald's, Subway, and Marriott International generate substantial revenue from licensing their brand names, operational systems, and proprietary processes to franchisees. The Federal Trade Commission's Franchise Rule (16 CFR 436) requires franchisors to provide a Franchise Disclosure Document (FDD) with detailed financial, legal, and operational information before selling a franchise — the primary regulatory framework governing this segment.

Patent licensing constitutes the other major activity. Qualcomm's licensing division earns billions annually from FRAND (fair, reasonable, and non-discriminatory) licensing of wireless communication standard-essential patents. InterDigital and Dolby Laboratories operate similar patent licensing models. Non-practicing entities (patent assertion entities) also fall within this classification when their primary business is licensing rather than manufacturing. The sector concentrates in states with strong IP ecosystems — California, Texas, New York, and Illinois — and is shaped by federal patent law under Title 35 U.S.C., the Lanham Act for trademarks, and ongoing antitrust scrutiny from the FTC and DOJ regarding FRAND licensing and patent pooling practices.

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Industry Trends

FRAND

Qualcomm's FRAND licensing model for 5G standard-essential patents faces ongoing legal challenges from device manufacturers and antitrust regulators in the EU, China, and South Korea over royalty rate calculations.

02

Franchise system growth is accelerating in international markets, with McDonald's, Marriott, and Hilton licensing their brands to operators in Southeast Asia, the Middle East, and Sub-Saharan Africa at faster rates than domestic expansion.

03

The America Invents Act's inter partes review process at the Patent Trial and Appeal Board has become a primary mechanism for challenging patent validity, affecting the value and enforceability of licensed patent portfolios.

MIT

University technology transfer offices — UC system, MIT, Stanford — are increasingly licensing patents generated from federally funded research under the Bayh-Dole Act, creating revenue streams from biotechnology, semiconductor, and materials science IP.

FTC

FTC and DOJ antitrust scrutiny of patent pooling arrangements and standard-essential patent licensing practices is reshaping how technology companies structure cross-licensing agreements and calculate reasonable royalties.

Specialty Reports Available on Request

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Industry Groups

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Frequently Asked Questions

What is NAICS 533? ▾
NAICS 533 covers businesses that lease nonfinancial intangible assets — patents, trademarks, brand names, franchise rights, and proprietary processes — to other entities for recurring royalty or fee income. It excludes copyrighted works. Major examples include McDonald's franchise licensing, Qualcomm's patent licensing, and university technology transfer operations under the Bayh-Dole Act.
How does franchise licensing work under FTC rules? ▾
The FTC's Franchise Rule (16 CFR 436) requires franchisors to provide prospective franchisees with a Franchise Disclosure Document at least 14 days before any payment or binding agreement. The FDD contains 23 mandatory disclosure items covering fees, financial performance, litigation history, and territory rights. State-level franchise registration laws in California, New York, Illinois, and others add additional requirements.
What is FRAND licensing for standard-essential patents? ▾
When companies contribute patented technology to industry standards (like 5G wireless), they commit to licensing on Fair, Reasonable, and Non-Discriminatory terms. Qualcomm and InterDigital earn billions from FRAND licenses, but disputes over what constitutes a 'reasonable' royalty rate have generated major litigation globally. Courts in the U.S., UK, and China have issued competing rulings on global FRAND rate-setting.
How does the Bayh-Dole Act affect patent licensing? ▾
The Bayh-Dole Act (1980) allows universities and research institutions to patent inventions developed with federal research funding and license them commercially. This created the university technology transfer industry, with institutions like Stanford, MIT, and the UC system generating substantial licensing revenue from patents in biotechnology, semiconductors, and software. Stanford's licensing of the Google PageRank algorithm is a notable example.
What distinguishes NAICS 533 from other IP-related industries? ▾
NAICS 533 covers the leasing of intangible assets for recurring income — franchise systems, patent licensing, trademark licensing. It does not include copyright licensing (NAICS 512), legal services for IP registration (NAICS 541), or the R&D that creates the IP (NAICS 541715). The key distinction is that NAICS 533 entities earn revenue from leasing existing intellectual property, not from creating or legally protecting it.

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