Every day we get inquiries like “...Can I, Shall I or will I and May I go ahead for patenting my Mobile App and I am about to launch a mobile application soonest by this week but really scared about others using the idea behind the whole system ??….”
My answer to this is Yes!! Certainly, you can file for the protection but first, for patenting the mobile app we need to make sure that they catch the user’s eye, must be unique with respect to the already existing apps and should be better than the ones that already exist. We live in a wizard era, which is evolving and generating millions of applications every day and these applications have become an important component of the phone market. I will briefly describe the trilogy (Patents, Trademarks, and Copyrights) of IPR which can be used to protect the mobile app smoothly in this competitive souk or mobile bazaar.
When we are planning to protect a “newly born app”, we need to declare the novelty and uniqueness of the technology hidden behind the application, under this exclusive phylum of IPR, as patent knows only invention and invention is a technical solution to a technical problem. Technically speaking as per the web dictionary, “App” is short for “application”, and traditionally it is just a generic term for software that runs on top of a computer’s operating system.
A Patent is territorial in nature and every country has a different set of rules for deciding the patentability factor. As per the Law, a mobile application will not be an eligible subject matter for patentability, if it does not qualify as “computer program per se” and if there is no hint of innovation in the invention. Generally, Mobile apps are considered as software per se patents since they comprise of a software source code, algorithm, program languages etc.
Trademark is a unique expression related to a product or service that distinguishes it from others. This expression could be a word, slogan, photograph, logo, graphic, color combination, sound or even smell; however, most businesses are only looking for a brand name registration or logo registration. Owners of trademarks have exclusive rights to their use under the categories they are registered in (there is a total of 45 categories, called classes). In the App industry, the name of the app and its logo can be protected under the Trademark Law.
Copyright is the right that protects one’s creative expression of ideas, the original literary and artistic creations of all types of authors such as writers, composers, software developers, web designers and much more. Under the copyright protection Act, Mobile Applications may be protected in the form of computer codes, screen shot presentations, overall appearance or layout of the app, GIF images, music, and audio -video clip recordings of the interface. Copyright registration gives right to sue someone for infringement and it also sends notice to the infringer. If the owner registers the app, he has right to seek not just the actual damage but also the statutory damage for the infringement.
I will conclude by submitting that IPR is a cursor which connects the digital world to networking Platforms smoothly and carefully which is officially secure.
Our lawyers are experienced in all procedures like registering the copyright, enforcement of the right and employing inhibition of infringing practices. We also assist our clients in investigating infringement and keep a watch on breaches of their intellectual property.
ADAM Global, understands the value of your time, hard work, and money which you invest while nurturing an idea to an invention. Our lawyers are always willing to take those extra steps that are necessary to establish your Intellectual Property Rights in your invention and to make sure that your Design is secure from outside infringements.