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Every year millions of apps are downloaded worldwide, and the industry for app development has seen incredible success over recent years as more app creators focus on building some of the next breakthrough apps.
Suppose you are an entrepreneur with an innovative app idea. In that case, you should develop it efficiently and protect it against being stolen!
Undoubtedly, multiple entrepreneurs will have similar app ideas designed to address users' needs. But you can take steps to protect yourself during development.
Do You Want to Discover How to Safeguard an App Idea for Business? In This Article, We Will Show Seven Steps for Legally Securing App Ideas:
Now we have an app idea - what's next? Below are seven steps for legally protecting it and turning it into a business:
1. Your App's Copyright
Is It Possible To Copyright An Idea?
Yes, securing copyright for your mobile app is an effective means of protecting its legal standing.
Copyright is a type of protection used for both published and unpublished works; it essentially confirms ownership.
A copyright applies both to artistic content as well as tangible creations such as paintings.
- Songs
- Books
- Software code
- Architectural plans
Legally, ideas alone do not fall under copyright protection, however when writing code for an app this becomes tangible and should be protected accordingly.
Keep in mind that copyright differs from patent in that a copyright merely protects how an idea is expressed while patents protect its entirety.
When your app idea becomes tangible in any form, your copyright will begin taking effect and your app idea protected under it.
How Can You Protect Your Idea?
Assemble all necessary documentation in support of any intellectual property claims you might make. Track start/stop dates/timings of app development as well as source code revision and any other crucial stages.
Assuming you need to work with developers or development partners who possess more expertise than yourself in creating apps, make sure that your contract clearly establishes who owns the code; otherwise they could claim ownership and exploit your app idea without your knowledge and consent.
As you start the development stages for your app idea, bear in mind that copyright registration typically takes approximately three months to be completely formalized.
2. Sign An NDA To Safeguard Your Ideas
One effective method to protect intellectual property, whether that is created apps or app ideas, is signing a non-disclosure agreement (NDA).
An NDA acts as a contract between you and a development services company declaring all information shared during development projects must remain private and cannot be released to any outside sources or parties.
Your vision must be freely and honestly communicated to any developer for optimal results; otherwise it won't come across effectively and could result in you abandoning it completely.
If your idea becomes threatened in any way during its expression then its expression might suffer greatly as a result.
An NDA (Non Disclosure Agreement) is a legally-binding contract which protects any information shared between two parties, giving you more confidence when discussing ideas with developers or development partners and helping you meet desired goals.
Once signed, these NDAs allow parties to freely discuss projects freely with no fear of disclosure being breached by third-parties.
Professional teams usually do not encounter difficulty signing NDAs, with development companies fully aware of its consequences and obligations under this agreement.
3. Reserve Your App's Name
Is It Possible To Reserve The Name Of The App? How Do We Book It?
However, Google does offer one benefit over iOS in that multiple applications with identical names can co-exist simultaneously if your idea seems viable but someone may already have taken your name.
How Can You Reserve A Name In The iOS App Store?
Before heading off to the App Store, first make sure that no other name matches. With their system you can reserve it right away so nobody tries copying your app name!
Follow the procedures below to reserve the name in the App Store:
- Enter your account details at itunesconnect.apple.com, then log-in.
- Navigate to "My Apps," located in the top right corner.
- Select "add a new app."
- To reserve the name of your app, select "create."
- Once your app has been developed, Xcode allows for uploading its entire bundle.
By following these steps, your app can be successfully launched on the App Store with no worries whatsoever and nobody will be able to steal its idea!
Reserve an app name is free and has no time limit; provided the name does not violate Apple guidelines.
How To Reserve An App Name On Google Play For Android?
Android makes things even simpler: there's no need to reserve an app name in Google Play since multiple applications with identical names may exist on it.
Technically speaking, Google Play allows developers to reserve exact names which already exist but with different package names for an app's package name.
Here, it would be wise to choose an original name for the app; otherwise it will lead to confusion among users, undoing all your marketing & development efforts and leading them to fail altogether.
4. Register The App's Trademark
Trademarking an app, logo and brand will become invaluable once its release. By registering the trademark for your app name, iconography and logo you can protect yourself against other developers and entrepreneurs using these elements against you.
Furthermore, its features and functionalities may also be protected through registration of this mark.
When we look at popular applications like Angry Birds, Instagram, and Candy Crush, we can see that their brand recognition is actually incredible.
Simply recognizing their font color or logo alone identifies these iconic apps quickly. As another benefit of trademarking your app, other entrepreneurs won't be able to attract your customer base by copying or creating similar designs with similar logos, brands and designs.
How Do You Trademark An App Idea?
Steps for trademark registration for an app idea:
- File Your Trademark Application Now.
- Be certain of what goods and services your application covers.
- Submit all essential documents at the time of filing.
- After receiving documents for review by the patent and trademark office, these will then be reviewed thoroughly by staff members of that body.
- Registering your trademark generally takes 8-10 months; additionally, the Patent and trademark office typically reviews your application within 3-4 months after submission.
Please be aware that entrepreneurs and developers may copy features and functionality from your app under different names and logos; in such instances it does not constitute trademark infringement.
5. Get A Patent For An App Or Software
Filing for a patent at the right time and providing all relevant details about your unique app can help protect both its intellectual property as well as yourself from being taken advantage of by competitors.
Protecting intellectual property has never been more essential in an increasingly competitive mobile app world, leaving app developers to wonder when and how best to patent software ideas.
As soon as a novel idea emerges, your initial question should be "What makes this idea distinct and is it useful?" Patenting your app may be conceivable if it differs from similar services in terms of features and functionality.
Patents provide greater protection than copyright due to their stringent guidelines; however, patent application can take two-three years and be costly as well.
As an alternative solution you could apply for a provisional patent which covers your app idea for one year; in case it doesn't pan out you still have time to adjust and improve within that provisional patent period.
Further Information
Do you understand what an app clone is?
App cloning refers to the practice of copying an idea from another website or app with unique concepts, and adapting them for another app without making an identical replica of its predecessor.
Nowadays, app cloning has become highly prevalent; numerous app development firms have copied well-known app scripts like Uber, Ola, Lyft etc, to produce app clones with unique features added.
Before sharing an app idea with developers or development companies, be aware of their legality - copycat apps are legal! Without taking proper measures in advance to safeguard and save your idea from being copied by another company and developer who could launch copies without adding new features - legally speaking they may even launch without permission and you would lose legal recourse against their efforts to copy your idea without offering compensation to you!
Read more: The Top Brilliant Mobile App Ideas for Startups to Explore
Doeappclonings legal? Yes, as long as no pre-existing intellectual property rights such as copyrights, patents or trademarks are violated in doing it.
Coming up with ideas for new apps can be challenging. In order to protect the idea behind your creation, not only is an original concept necessary but you should ensure its protection in an uncertain world - this includes potential competitors, advisors and even friends that might try stealing it away from you.
Twitter, Facebook and others can face legal trouble for intellectual property theft. Many large corporations like these - Twitter in particular and others such as Amazon have been named in such lawsuits; every business should strive to reach its maximum potential and realize their fullest potential.
Your app idea could easily be stolen in today's highly-competitive market, where copycat apps exist in abundance on both App store and Play store.
As evidenced by all these imitators' presence, someone could quickly take your idea for themselves by copying another's idea to generate profits in both stores.
Many app developers have fallen prey to intellectual theft; oftentimes it could have been avoided entirely. Protecting an idea even during its creation process can easily prevent others from taking credit for what should have been your hard work...
Let's see...
It Is Simple To Safeguard Your App Idea By Doing The Following:
Make Use Of A Non-Disclosure Agreement
Today, organizations rely heavily on Non-Disclosure Agreements (NDAs) as an IP theft preventative. Building apps requires more than one person; you may outsource parts or all of your work and before anyone joins your project make sure they sign an NDA to ensure no outside parties gain access to your data - an experienced lawyer can assist in creating one tailored specifically to meet your needs.
Submitting A Provisional Patent Application
You should file a provisional patent application if filing an actual patent is too time consuming or costly, protecting your idea for only one year and giving yourself time to consider if filing a full patent is worth filing for your app idea.
A provisional application only protects for one year while giving time for review of the idea as to its viability before a decision is made on the full patent filing process.
Take Into Account Trademarking
Invest in trademarking your app logos and icons if you feel secure enough. Doing this can protect it from being copied; trademarks prevent third parties from creating apps with features similar to your name, logo, or features which could confuse potential customers.
Although a trademark might not offer as much legal protection than patents do, trademarks still offer important legal safeguards against potential legal issues that might arise later on.
Non-Competition Arrangement
An NDA is great, but for your own protection it may also be worthwhile considering an NCA, or Non-Compete Agreement.
An NCA allows you to restrict professionals under your control from working for any competing businesses or projects; as well as keeping confidential any ideas you present during meetings from being shared outside your organization or disclosed publicly by others. But everything comes at a cost - this agreement could prohibit some professionals from leaving after signing, but as with everything it comes at its own price tag too!
The NCA sounds appealing, yet signing one may prove challenging for developers. They would need to focus exclusively on your project instead of any others they might take up while working for you; any additional work would have to wait until once yours was complete before being hired again - potentially costing the professional money when other jobs must stop being performed while they focus on this one.
Locate A Reliable Developer
Finding a developer willing to sign a binding contract may prove challenging; however, you could overcome that hurdle with adequate compensation and motivation.
These tips are just some of the many you should implement into your lifestyle.
- Documenting drafts, team discussions, app code etc. is key in maintaining accurate records.
- Partner with people you can rely on and trust.
- Regulating data access.
- Copying your app.
- Sharing selected pieces of information are among the many challenges associated with managing data.
Make A Thorough Documentation
Document your app from its conception through launch in written form, from ideation and planning stages through launch and beyond.
All documentation must include detailed notes. Documenting an app involves numerous items including its code, brainstorming sessions, minutes from virtual or in-person meetings with your development team, blueprints, design drafts etc.
Everything that affects its creation should be accurate - including even small details that matter significantly for its successful operation.
Keep records of every contact, such as emails or voice calls with developers/development companies you are working with - such documents could serve as evidence of any confidential data leaks.
Protect The Intellectual Property Of Your App
When you have a brilliant concept for an app, it's crucial to take the appropriate precautions to prevent it from turning into somebody else's successful enterprise.
To do that, you must first understand how to defend an app idea.
The most crucial actions you can do to demonstrate that you take your app seriously are to register your business.
Additionally, you should have contracts in place with everyone you collaborate with on the project. Finally, trademark the concept and use legal action to hold anyone who violates your intellectual property accountable.
Summary
As soon as an idea strikes, start working on it immediately by personifying it into an app code and typing directly onto it.
When it comes to providing legal protection for your app idea, there should be a clearly laid out pathway. Smart business decisions and common sense should help provide maximum legal protection.
Our company also offers Legal tech consultants that could handle all necessary formalities. Need any help we Cisin a mobile app development company ready to help you.
