Protecting Your iPhone or Droid App
So you’ve had an idea for a unique and innovative iPhone/Android App. Before you starting writing code or creating graphics, logos, and the App’s name, make sure to take the time to understand how to protect your idea and its implementation from being stolen or used by someone else for commercial gain.
Here are some things to consider before you starting creating your App and selling it on the App Store or other Internet merchant:
Before Creating Your App
If you hire any developers to write code or create graphics, the very first thing you should do when hiring a developer is making certain they sign a non-disclosure agreement. This agreement will provide you with an avenue to seek compensation from the developer if they use or sell the created work or idea. Also, of some import, make sure that the developer signs an agreement which states that you, not the developer, are the owner of any created work and associated intellectual property, not merely a licensee.
Copyright
A number of pieces of your App, and its general business nature, may be possible to copyright. Generally speaking, any original work of authorship fixed in a tangible medium of expression automatically has copyright protection. This includes graphics, video, and text. To hold the copyright does not require registration of the copyright. However, registration of the copyright, before infringement by another party occurs, will allow you the opportunity to seek attorney’s fees and punitive damages from the infringer, and will give you a presumption of a valid copyright.
Trademarks
The name, logo, look and feel of your App and App-related business can be trademarked, protecting it from infringement by other businesses or individuals looking to capitalize on your business’ identity. This will enable you to seek damages (and injunction, forcing the person to stop using their similar logo/look/feel/name) from the infringing party. Make sure the name and logos you select for your App are not confusingly similar to another App already in the marketplace.
Patents
You can also apply for a patent for your App. This will effectively give you a monopoly over the business area in which your App operates, for a set number of years, and allow you to file suit against infringers. The problem is that patents are very expensive and difficult to obtain. Also, if you use any open source code in the creation of the code for your App, it may help to decrease the cost of development of your App, but may also eliminate your ability to obtain a patent and any sale of your App may violate the open source license you agreed to when you used the open source code.
Trade Secrets
Trade secrets are a separate method to protect your intellectual property rights, based solely in contracts law. If your App source code can be sufficiently protected, such that it cannot be reverse engineered or otherwise discovered, you may be able to protect it through contract law. Any employee, developer, third party, or merchant would be required to have a license in order to do anything with the source code, which would include non-disclosure language. This type of protection requires a company-wide policy and strategy and strict adherence to the policy so that public disclosure of the trade secret is not made.
If you take the time to think through the above ideas and work with your attorney to plan an appropriate strategy, your App roll-out will go smoothly and all of your intellectual property will be well-taken care of.
