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Priyanka Bajpayee
| Updated: 14 Feb, 2022 | Category: IPR

How can I legally protect the mobile application?

Mobile application
Reading Time: 4 minutes

Mobile applications are a rapidly moving technological sector that constantly changes as it comes up with new aspects. With the advancement, the mobile application that may appear as part of the business becomes a whole business to manage. Apps like Ola, Zomato, and WhatsApp are the most common examples where mobile app has become a good business. A proper strategy should protect the mobile app n from potential infringers and extract maximum profit. This article will pen down how we can legally protect mobile applications.

What are Mobile applications?

Mobile applications are commonly referred to as computer programs or software applications designed to run on mobile devices. Also, it requires an internet facility. Mobile apps are a vital part of modern everyday business, and it acts as the part of businesses to be an absolute business model. 

Presently, the Mobile apps have taken over the promptly advanced technology. Intellectual Property[1] is involved in mobile apps, and there are various instances where duplication can cause serious harm to the company. That is why the best way is to strategies so that a person or company can legally protect its newly created or existing mobile application.

There are various legal steps and processes to strategies and protect the Intellectual property rights of the mobile applications created by an individual or company-

I. Building the mobile application

Building a mobile application is one of the best ways to protect your app idea. Transform your thought into an application quickly without uncovering much about it. Once you have developed the app, you can safeguard copyright to prevent reverse engineering.

Ensure that the freelancer or mobile application advancement organization releases copyrights to you at the end of the project. It means the intellectual Property is your – once you have paid the fees. If we see technically, the application belongs to the application developer, and however, once they are paid off – the application belongs to you.

II. Entering into non-disclosure and non-competent agreement-

The non-disclosure agreement ensures your business idea and keeps it from going out. If there should arise an occurrence of revelation, a case can be documented to recover for the loss that you went through.

An elegantly composed non-disclosure arrangement requires the group that surveys and deals with your mobile application concept to keep what they see secret.

Non-Compete Clause

The Non-Compete is treated as a negative covenant, and any sensitive details cannot be used for any other business that can put your company in harm. 

III. Trademark application

The logo, name, and branding give identity to the market. Protecting the mobile application by getting the name, logo, and brand registered under the Trademark law is essential.

It is profitable in various ways like-

  • Online promotion
  • Downloading
  • Customer identification and brand awareness.

In this way, it is essential to get the name and logo as registered trademark names so that no outsider infringes on the name or logo of the brand. The goodwill will remain attached to the enlisted name.

Note- The concept of a mobile apps cannot be protected. For example, A particular game such as the snake game can be protected if it’s precisely duplicated but if the same snake game is changed in another type of game. It is not likely to get protection. i.e. what can be protected is the name, brand and logo. Also, if the mobile application is duplicated, the application can be protected.

IV. Patenting of mobile apps

Patents are conventionally connected with industrial products and processes, not programming/software-based things. But now, with the new change of the lawful scene of the patent viewpoint where the software-related developments are presently qualified for patent security, as long as they fulfill the prerequisites of patent law.

However, Software isn’t given assurance under Patent yet will be ensured when attached with novel hardware, a remarkable invention and fit for industrial use. Like all IPR privileges, Patents are territorial and, consequently, legitimate in the jurisdiction where they were allowed.

The term of a patent endures as long as 20 years from the date of recording, which gives the owner select privileges to-

  • Utilize, Sell, 
  • Make the creation. 

After the expiry of the term, the outsider might consolidate similar highlights in their items and execute different another patent-qualified subject matter.

Issues faced by the Mobile apps in Patent Registration

  • Software-related inventions don’t ordinarily adjust to the details needed by the Patent qualified matter.
  • The application cycle might require an average couple of years, and there might be cases where the application is challenged at different stages, which impressively draws out the interaction.

How to make a Patent application?

Apply for a patent application to secure your invention. In any case, it’s anything but a simple errand. You apply for a patent application, and it requires over two years to give an application patent. When you have the application patent, you should simply secure the application’s usefulness. Also, a person must protect the application against independent development. Before you make a public announcement, file all the essential information with the help of your attorney.

The main downside of applying for a patent is that it is costly. Before you record a patent application, you can ask yourself – is the application truly patentable? Your concocted application ought to be genuinely new and gainful. Protecting the application will set you back more than you put resources into creating and executing the mobile application. You can apply for a temporary patent to defeat this issue that ensures your application thought for a year. Even if your application idea is not valuable, you will have time to improve it.

V. Copyright Application

Copyrights protect the unique and creative elements. Suppose the mobile application is different and has unique features. In that case, it might be an excellent decision to go copyright for your mobile apps design elements as one of your first steps.

Creative work does not need to be registered to enjoy protection under copyright law. Still, it is always advisable and beneficial to get the Copyright registration done to protect infringement by 3rd person.

What can be protected in mobile applicatio under copyright law?

  • That can be thought of as creative as images, video, sound, and so forth
  • Any literary work that goes under abstract and creative work is new and extraordinary.
  • Work will likewise incorporate the UI, designs, layouts, pictures, and so on

Conclusion

The mobile application cannot be legally protected based on the idea and concept of the application. Provided that there is enough of a distinction, it shall be allowed. The use of mobile applications has become the sole mode of business altogether in this swiftly advanced world of technology. It is the responsibility of the owner of a mobile application to keep a proper check on the working tight-knit so that the important details are not disclosed to the wrong users, which can harm the business. Also, the IPR specialist should properly explain the mobile application so that strong protection is granted to the mobile application.

Read our Article:Securing creative work via Copyright Protection in India

Priyanka Bajpayee

A Company Secretary together with PG in international Business, she has gained significant experience as legal content writer. She has keen interest in doing research and writing on legal and financial subject matters. She also holds work experience in legal compliances.

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